...RULE 101. SCOPE; DEFINITIONS (a) Scope. These rules apply to proceedings in United States courts. The specific courts and proceedings to which the rules apply, along with exceptions, are set out in Rule 1101. (b) Definitions. In these rules: (1) “civil case” means a civil action or proceeding; (2) “criminal case” includes a criminal proceeding; (3) “public office” includes a public agency; (4) “record” includes a memorandum, report, or data compilation; (5) a “rule prescribed by the Supreme Court” means a rule adopted by the Supreme Court under statutory authority; and (6) a reference to any kind of written material or any other medium includes electronically stored information. RULE 102. PURPOSE These rules should be construed so as to administer every proceeding fairly, eliminate unjustifiable expense and delay, and promote the development of evidence law, to the end of ascertaining the truth and securing a just determination. RULE 103. RULINGS ON EVIDENCE (a) Preserving a Claim of Error. A party may claim error in a ruling to admit or exclude evidence only if the error affects a substantial right of the party and: (1) if the ruling admits evidence, a party, on the record: (A) timely objects or moves to strike; and (B) states the specific ground, unless it was apparent from the context; or (2) if the ruling excludes evidence, a party informs the court of its substance by an offer of proof, unless the substance was apparent from the context. (b) Not Needing...
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...topic I have chosen for my research paper, which will define similarities and differences between the “Salem Witch Trials” and “The Second Red Scare”. The actions that took place during both events played on the fears of citizens to further the personal, political and social agendas of those individuals that conducted the trials. These two events are just two examples of how history repeated itself, where hysteria of the masses has been used as justification to trample on the basic rights that we, as humans, have come to believe as essential to our lives. I chose this research project because the effect of the McCarthy era tactics that infringed on the Constitutional rights of many Americans can be seen today in the policies and actions implemented since September 11, 2001. As an American, I am disturbed to see that we as a people and our government appear not to have learned from our past. During the eras of the Salem Witch Trials and that of McCarthyism, there existed a fear that the values of each society were being threatened from both internal and external entities. During the Court of Oyer and Terminer, influential members of the Salem community used the trials to punish ministers with in the colony who were seen as tolerant to other religions. There was a movement within the colony to relax the strict customs of the Puritans, but the community leaders wanted to maintain a tight control on their spiritual beliefs and the hard-line Puritan rule. The Community elders manipulated...
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... 2. real evidence – something tangible related to the case 3. demonstrative evidence – not part of the story, but lawyer wishes to show the jury something to demonstrate something about the case (e.g., experiment; picture of intersection) B. competing stories at trial – two ways stories can compete 1. factual differences 2. differences in inferences drawn from the same facts II. Policy Overview [values that the evidence rules protect] A. accuracy 1. rationality – does evidence have a rational relationship to the case? 2. reliability – is the evidence credible? B. efficiency – see FRE 403 C. fairness – rules should be party-neutral 1. but note: some rules exclude evidence to one party’s advantage (e.g., evidence that Δ fixed the steps after the accident excluded, b/c we want to encourage Δs to make steps safer) (e.g., Confrontation Clause, guarantees rt of accused in a criminal trial to confront witnesses brought against him) D. danger of misuse of information 1. one solution: limiting instructions 2. but sometimes we’re so skeptical of jury’s willingness/ability to follow limiting instructions, and the potential harm from the evidence is so grave as to outweigh the modest benefits, so we exclude the evidence E. protecting rt to jury trial 1. part of the 6th A rt to a jury trial is the rt to an effective jury – jury must be able to do...
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...Essay Question 1 1. From the sale of his home in 2004, Melvin will incur a gain in the amount realized from the sale of his home, which exceeds his deferred basis in the home because the property was transferred to him incident to divorce. Furthermore, Melvin will be able to exclude the gain on the sale of his personal residence from his taxable income. The rules pertaining to federal income tax and income tax deductions are governed by the Internal Revenue Code (“the Code”). According to the Code, all income is taxable from whatever source derived unless otherwise excluded. Pursuant to the Code, income is defined as any economic benefit to the taxpayer or any clearly realized accession to wealth. Under this conceptualization of income, income can be in the form of cash or the fair market value of any property received. In the instant case, Melvin sold his principal primary residence. The amount realized for the sale of his home was $200,000 in cash and two paintings, each valued at $50,000. Thus, his entire amount realized, consists of the total value, or $300,000. Determining the amount realized is only the first step in determining what income will be taxable to Melvin in 2004. Next, because the disposition of property (receiving value for the sale of a home) is a capital gain, the amount of Melvin’s basis in the property must be subtracted from the amount realized to determine the amount of taxable income. A taxpayer’s basis in property is the amount of money...
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...Topic: Plagiarism Title: Student Plagiarism and the use of a Plagiarism Detection Tool by Community College Faculty Rationale This study sought to better inform community college administrators and faculty regarding possible factors that contribute to higher levels of student plagiarism and to suggest appropriate preventative or responsive interventions. The specific purpose of the study was to investigate a set of faculty related factors that may be associated with particular levels of suggestive plagiarism. Suggestive plagiarism is an intentionally chosen term to capture the fact that TII reports on submitted papers only and that may, but not necessarily, infer actual plagiarism. It does not assess a student’s intent or ignorance of the rules of source attribution. This reality of the tool is discussed at greater length later in this study. This study guide aims to help you to understand what plagiarism is in the context of academic work, and offers guidance on how to avoid it. Introduction Plagiarism, and the larger issue of ownership of the written word, is not as easy to define as it might first appear. Many writers on the topic of plagiarism and academic honesty have attempted to define the term. It comes as no surprise that the use of the Internet is on the rise and that the high school and college students of today see it as an integral and vital tool for their learning. The combination of the ubiquitous nature of computers, the internet and other information technologies...
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...the editors have brought together an impressive range of leading scholars from different jurisdictions in the fields of comparative and international law, evidence and criminal law and procedure. Using Professor Damaška’s work as a backdrop, the essays make a substantial contribution to the development of comparative law, procedure and evidence. After an introduction by the editors and a tribute by Harold Koh, Dean of Yale Law School, the book is divided into four parts. The first part considers contemporary trends in national criminal procedure, examining cross-fertilisation and the extent to which these trends are resulting in converging practices across national jurisdictions. The second part explores the epistemological environment of rules of evidence and procedure. The third part analyses human rights standards and the phenomenon of hybridisation in transnational and international criminal law. The final part of the book assesses Professor Damaška’s contribution to comparative law and the challenges faced by comparative law in the twenty first century. Crime, Procedure and Evidence in a Comparative and International Context Essays in Honour of Professor Mirjan Damaška Edited by John Jackson, Máximo Langer and Peter Tillers Published in North America (US and Canada) by Hart Publishing c/o International Specialized...
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...MG420 Research Assignment Your task for this Research Assignment is to do all of the following (be sure to read and adhere to the notes below: 1. Define the term “collective bargaining” and list and describe four issues that are mandatory components of a collective bargaining agreement. The term collective bargaining is defined as U.S. labor relations system that works effectively, efficiency, equity and voice in which are achieved through collective bargaining. Representatives of the employer and the employees negotiate the terms and conditions of employment that will apply to the employees. There are four major issues including the following; compensation, personal policies and procedures, employee rights and responsibilities, and employer rights and responsibilities. Compensation is based on wages, benefits, vacations and holidays, shift premiums, and profit sharing. Personnel policies and procedures include layoffs, promotions, transfer policies, overtime and vacation rules. Employer rights and responsibilities are the management rights; just cause discipline and discharge, subcontracting, and safety standards. (Text, pg. 11) Efficiency, equity and voice, are the three primary objectives of labor relations, of employees, and even some management personnel. Employees seem to lean more towards equity and voice at the workplace, while management usually prefers efficiency. The tricky part is attempting to balance all three for an overall happy medium at the workplace...
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...Legal Theory Research Paper Series Paper No. 09-12 ~and~ University of San Diego – School of Law Legal Studies Research Paper Series Paper No. 09-008 Reconciling Originalism and Precedent John O. McGinnis Northwestern University – School of Law Michael B. Rappaport University of San Diego – School of Law Northwestern University Law Review, Vol. 103, No. 2, 2009 Copyright 2009 by Northwestern University School of Law Northwestern University Law Review Printed in U.S.A. Vol. 103, No. 2 RECONCILING ORIGINALISM AND PRECEDENT John O. McGinnis∗ & Michael B. Rappaport** INTRODUCTION ....................................................................................................................... 1 I. PRECEDENT, ORIGINALISM, AND THE CONSTITUTION ................................................... 4 A. B. C. II. A. B. C. D. E. F. The Supposed Conflict Between Originalism and Precedent ............................ 5 A Short History of Precedent ............................................................................... 7 The Consistency of Originalism and Precedent ............................................... 21 The Supermajoritarian Theory of Constitutional Originalism........................ 28 The Relative Benefits of Original Meaning and Precedent ............................. 29 Precedent Rules .................................................................................................. 34 Factors Relevant to Beneficial Precedent Rules .............
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...HIM141 Test 4 Chapters 8-10 Please completely answer the following questions. 1. What is the MPI and what types of information are contained in the MPI? MPI-master patient index, sometimes called a master person index, link a patient’s medical record number with common identification data elements, for example: patient’s complete name, date of birth, gender, mother’s maiden name and social security number. Because most health care facilities house patient records according to a medical record number, the MP becomes the key to locating paper based records in the health information department file system. Thus, the MPI is retained permanently because it serves as the key to finding the patients record, it can be automated or manual. According to the American Health Information Management Association (AHIMA), some recommended core data elements for indexing and searching records include: * Internal patient Identification * Patient Name * DOB * DOB qualifier * Gender * Race * Ethnicity * Address * Alias/pervious name * SS# * Facility identification * Universal patient identifier (if available) * Account number * Admission date * Discharge date * Service type * Patient disposition 2. What are registers and indexes? Registers and registries contain information about a disease or event and are maintained by individual health care facilities, federal and state government agencies and private organizations...
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...American energy company based in Houston, Texas. Before its bankruptcy in late 2001, Enron employed approximately 22,000staff and was one of the world's leading electricity, natural gas, communications and pulp and paper companies, with claimed revenues of nearly $101 billion in 2000. Fortune named Enron "America's Most Innovative Company" for six consecutive years. At the end of 2001 it was revealed that its reported financial condition was sustained substantially by institutionalized, systematic, and creatively planned accounting fraud, known as the "Enron scandal". Enron has since become a popular symbol of willful corporate fraud and corruption. The scandal also brought into question the accounting practices of many corporations throughout the United States and was a factor in the creation of the Sarbanes-Oxley Act of 2002. Enron filed for bankruptcy protection in the Southern District of New York in late 2001 and selected Weil, Gotshal & Manges as its bankruptcy counsel. It emerged from bankruptcy in November 2004 after one of the biggest and most complex bankruptcy cases in U.S. history. On September 7, 2006, Enron sold Prisma Energy International Inc., its last remaining business, to Ashmore Energy International Ltd. Following the scandal, lawsuits against Enron's directors were notable because the directors settled the suits by paying very significant sums of money personally. The scandal also caused the dissolution of the Arthur Andersen accounting firm, affecting the...
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...privacy and security protections under HIPAA. True 5. Privileged communication is a legal concept designed to protect the communication between two parties. True Check Your Understanding 1.2 1. Ownership of a health record generated by a doctor on a patient belongs to the patient. False 2. A custodian of records is responsible for certifying that a record is what it purports to be. True 3. When a patient refuses treatment he or she is exercising the ethical principle of beneficence. False 4. In a malpractice case, a professional code of ethics may be used as a benchmark for what should be acceptable practice by a healthcare professional. True 5. The ethical principle of nonmaleficence refers to making sure rules are fairly and consistently applied to all. False CHAPTER 2 Check Your Understanding 2.1 1. Private law defines rights and duties between individuals and the government. False 2. Statutes are enacted by legislative bodies. True 3. Administrative law is created by court decisions. False 4. Persuasive authority occurs when a court looks to another court’s decision for guidance, even if it is not required to do so. True 5. Under the theory of stare decisis, a higher court must look to the decision of a lower court. False Check Your Understanding 2.2 1. Jurisdiction is a territory of legal control. True 2. The U.S. Congress is a...
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...Classic Airlines, an airline organization who faces competition is seen in its reduction of customers’ confidence resulting in lower sales. “Classic Airlines saw a decrease in their share prices and a decrease in the number of customers enrolled in their Classic Rewards Program” (University of Phoenix, 2012). The reward program is recording reduction in the number of members and the increase of fuel and labor costs is pushing the organization to the possibility of going bankrupt. Classic Airlines has had declining profits and their stock prices have fallen which has affected the organization. This has forced the company to restructure based on extreme competition and the declining metrics disclosed from their customer loyalty report. The paper is meant to identify the products or services and its challenges plus discussing the marketing concepts that the organization uses to guide its marketing efforts. Current Situation Classic Airlines is a company with an extensive history of success however, the company has encountered difficulties in their advancement toward an effective customer service and marketing campaign. Over the years the cost of fuel and labor has been increasing and the top executives at Classic Airlines have a hard time figuring out how to cut costs, so that they can afford increases. There is a need for the airline to keep up with providing the best services for customers but without cutting costs in that area. Classic Airlines...
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...Answers to Review Questions Chapter 1: Introduction to a New Career in Law 1.1. Eighty million lawsuits are filed every year. 1.2. The five major players in the development of paralegalism are: National Federation of Paralegal Associations National Association of Legal Assistants American Bar Association Your state bar association Your local paralegal association 1.3. CLE is continuing legal education or training in the law, usually short term, received after one’s formal training. 1.4. Meaning of abbreviations: (a) NFPA—National Federation of Paralegal Associations (b) NALA—National Association of Legal Assistants (c) SCOP—American Bar Association Standing Committee on Paralegals (d) NALS—The Association for Legal Professionals (Note: NALS no longer says that its name stands for National Association of Legal Secretaries) (e) AAPI—American Alliance of Paralegals (f) IPMA—International Paralegal Management Association (g) ALA—Association of Legal Administrators 1.5. Web Sites: (a) NFPA: www.paralegals.org (b) NALA: www.nala.org (c) IMPA: www.paralegalmanagement.org 1.6. Certification examinations: (a) NFPA—The PACE exam. It is an advanced exam; paralegal experience is required to take it. (b) NALA—The CLA exam. It is an entry-level exam. No paralegal experience is required to take it. (Note: NALA also has an advanced examination that does require paralegal experience to take it.) 1.7. Fourteen categories of paralegal associations: ...
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...have occurred elsewhere and sparked large scale investigation and media scrutiny. In all of these corporate failures, the level or absence of disclosure has had a lot to do with the unexpectedness of the collapse. This paper analyses the HIH collapse within a Foucaldian framework to demonstrate the need for accountants and auditors to work together so as to avoid criticism of the profession arising from unexpected corporate failures in the future. INTRODUCTION The purpose of this paper is to analyse the collapse of HIH and the role of its auditor, Andersen, within a Foucauldian framework encompassing archeology and genealogy of power and knowledge. The mythical Jedi force is used as a metaphor for power attained by the accounting profession through its claim to superior knowledge and skill to be applied in the public interest. Accordingly, the force includes professional ethics. The dark side is used as a metaphor for the collapse of HIH because accounting standards and practices, the accounting profession's power base, were used to conceal impending collapse resulting in the escalation of losses to policy holders, creditors and the general public. Regulatory responses to the Royal Commission into the collapse of HIH are viewed for purposes of this paper as the return of the Jedi in that the Corporate Law Economic Reform Programme (CLERP 9) proposals are aimed at strengthening corporate governance including auditor...
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...99 Chapter 8 Litigation Services Provided by Accountants CHAPTER SUMMARY Overview This chapter explains what standards apply to accountants when they perform litigation services, discusses how to qualify as an expert witness, gives tips for testifying at a deposition or trial, and points out the potential liability that accountants risk when they testify at trial. Litigation in the United States ¶8001 U.S. Tort Costs Climbing The U.S. tort system cost $248.1 billion in 2009, which was about $808 per U.S. citizen ($12 in 1950). U.S. tort costs accounted for 1.74 percent of GDP (2.09 in 2002). Increasingly inefficient, the U.S. tort system returns less than 50 cents on the dollar to people it is designed to help; only about 22 cents to compensate for actual loss. ¶8006 A Dispute Begins There are two different courtroom environments: civil and criminal. Some experts believe it is more difficult to convict in a criminal trial (e.g., Casey Anthony). Types of Litigation Services Provided by Accountants ¶8011 Consultant An accountant may be hired by an attorney to gather and interpret facts, prepare analyses, help the attorney interpret evidence, advise about issues and strategies involved in a legal matter, locate other accountants to act as consultants or expert witnesses, and help expert witnesses form their opinions. Accountants acting as consultants will not be asked to testify in a judicial or regulatory proceeding, and their work usually will be protected from disclosure...
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