...Chapter 2 Basic concepts Contents Introduction 17 2.1 2.2 2.3 Relevance, weight and admissibility 18 Classification of evidence 20 Development and current objectives of evidence law 23 Introduction When you begin to study a new legal subject, you soon find that you come across words and expressions that you have not encountered before, or that you suspect are being used in a special way. This is especially so for evidence law. You need to understand the most important of these early on in order to get to grips with the subject. This chapter introduces you to these words and expressions. Besides ‘learning the language’ of evidence, you need to begin to develop a critical attitude towards the law so that you can write good answers to essay questions in the examination. But it’s impossible to adopt a critical attitude if you have no opinion about what the objectives of the law should be, and so this chapter introduces you to that topic too. Learning outcomes By the end of this chapter and the relevant readings you should be able to: explain what is meant by ‘relevance’, ‘weight’ and ‘admissibility’ present arguments defending or attacking the relevance of a given item of evidence explain what is meant by the following major technical terms used in evidence law: the best evidence rule, circumstantial and direct evidence, collateral facts, documentary evidence, facts in issue, original evidence, real evidence, hearsay, the best evidence rule and the voir dire describe two...
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...OVERVIEW: Done. ASK: 1. What are the common types of physical evidence? 2. What is class characteristics? 3. What is product rule? 4. What is Integrated Automated Fingerprint Identification System (IAFIS) and when was it created? 5. What is crime scene reconstruction? READ: Done. WRITE: 1. What are the common types of physical evidence? a. Blood, semen and saliva. b. Documents. c. Drugs. d. Explosives. e. Fibers. f. Fingerprints. g. Firearms and ammunition. h. Glass. i. Hair. j. Impressions. k. Organs and physiological fluids. l. Paint. m. Petroleum products. n. Plastic bags. o. Plastic, rubber, and other polymers. p. Powder residues. q. Serial numbers. r. Soil and minerals. s. Tool marks. t. Vehicle lights. u. Wood...
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...........................................................................................................iv PART I INTRODUCTION TO CIVIL LITIGATION CHAPTER 1 CHAPTER 2 Litigation and the Paralegal..................................................................................................................1 The Courts and Jurisdiction .................................................................................................................2 PART II INITIATING LITIGATION CHAPTER 3 CHAPTER 4 CHAPTER 5 CHAPTER 6 CHAPTER 7 Preliminary Considerations and Procedures.......................................................................................9 Investigation and Evidence .................................................................................................................10 The Complaint......................................................................................................................................12 Responses to the Complaint ................................................................................................................18 Motion Practice ....................................................................................................................................23 PART III DISCOVERY CHAPTER 8 CHAPTER 9 CHAPTER 10 CHAPTER 11 CHAPTER 12 CHAPTER 13 CHAPTER...
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...Limited. Details of such licences (for reprographic reproduction) may be obtained from the Copyright Licensing Agency Ltd of Saffron House, 6–10 Kirby Street, London, EC1N 8TS. A catalogue record of this book is available from the British Library ISBN–10: 0335 218 13X (pb) 0335 218 148 (hb) ISBN–13: 9780 335 218 134 (pb) 9780 335 218 141 (hb) Library of Congress Cataloguing-in-Publication Data CIP data applied for Typeset by YHT Ltd, London Printed in Poland by OZGraf S.A. www.polskabook.pl Contents List of illustrations Acknowledgements 1 What is media theory? What are media? What is theory? What is media theory? How to use this book Behaviourism and media effects Introduction Lasswell’s chain of communication and propaganda technique Wertham: Seduction of the Innocent Cantril: The Invasion from Mars Cultivation theory Agenda-setting and social functions of media Two-step flow and the phenomenistic approach Uses and gratifications theory Summary Further reading Modernity and medium theory Introduction Innis: The Bias of Communication McLuhan: the medium is the message Benjamin: art...
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...CHAPTER 6 - Right to Self-Organization Coverage 1. All government employees, including those in government-owned or controlled corporations with original charters; 2. Excluded a. Members of the Armed Forces of the Philippines, including police officers, policemen, firemen and jail guards. b. High-Level Employees Protection of the Right to Organize. 1. Government employees shall not be discriminated against in respect of their employment by reason of their membership in employees’ organizations or participation in the normal activities of their organizations. 2. Government authorities shall not interfere in the establishment, functioning or administration of government employees’ organizations through acts designed to place such organizations under the control of government authority. Registration of Employees’ Organization. Government employees’ organizations shall register with the Civil Service Commission at the Department of Labor and Employment. The application shall be filed with the Bureau of Labor Relations or Regional Offices (3 days transmittal upon receipts) of the Department which shall process the same in accordance with the provisions of the Labor Code of the Philippines. Certificate of Registration. The corresponding certificates of registration shall be jointly approved by the Chairman of the Civil Service Commission and the Secretary of Labor and Employment. Appropriate Organization Unit. The appropriate organizational...
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...Business law Glossary Chapter 1 stare decisis “let the decision stand”; the principle that the decision of a court should serve as a guide or precedent and control the decision of a similar case in the future. administrative regulations rules made by state and federal administrative agencies. case law law that includes principles that are expressed for the first time in court decisions. common law the body of unwritten principles originally based upon the usages and customs of the community that were recognized and enforced by the courts. constitution a body of principles that establishes the structure of a government and the relationship of the government to the people who are governed. duty an obligation of law imposed on a person to perform or refrain from performing a certain act. equity the body of principles that originally developed because of the inadequacy of the rules then applied by the common law courts of England. law the order or pattern of rules that society establishes to govern the conduct of individuals and the relationships among them. precedent a decision of a court that stands as the law for a particular problem in the future. private law the rules and regulations parties agree to as part of their contractual relationships. procedural law the law that must be followed in enforcing rights and liabilities. right legal capacity to require another person to perform or refrain from an action. right of privacy...
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...| Week 2: Administrative Regulations - Assignments | | | | Help | | | | | | Print Assignments | Reading: Chapter 5: Business and the Constitution Chapter 6: Administrative Law Chapter 7: International Law (pp. 221-238) Assignment:Pick an administrative agency of either the Federal or a State government. Find where the current and proposed regulation changes for that agency are located on the internet. (i.e. the Federal Register or the State Administrative Agency website.) Regulations.gov is a good place to begin your research. Pick one proposed regulation change currently under consideration (if you find one which has already closed out, but interests you, you can use that, instead) and write the following regarding it:1. State the administrative agency which controls the regulation. Explain why this agency and your proposed regulation interests you (briefly). Will this proposed regulation affect you or the business in which you are working? If so, how? Submit a copy of the proposed regulation along with your responses to these five questions. The proposed regulation can be submitted as either a separate Word document (.doc) or Adobe file (.pdf). This means you will submit two attachments to the Week 2 Dropbox: (1) a Word doc with the questions and your answers and (2) a copy of the proposed regulation you used for this assignment. (10 points)2. Describe the proposal/change. (10 points)3. Write the public comment which you would submit to this proposal...
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...Preface 23 Acknowledgments PART ONE 1 INTRODUCTION 27 28 28 30 Introduction to Human Resource Management What Is Human Resource Management? 30 Why Is Human Resource Management Important to All Managers? Line and Staff Aspects of Human Resource Management 32 Line Managers' Human Resource Duties 33 Human Resource Manager's Duties 33 New Approaches to Organizing HR 35 Cooperative Line and Staff HR Management: An Example Globalization and Competition Trends 37 Indebtedness ("Leverage") and Deregulation Technological Trends 38 Trends in the Nature of Work 39 35 WHAT IS HUMAN RESOURCE MANAGEMENT AND WHY IS IT IMPORTANT? 31 THE TRENDS SHAPING HUMAN RESOURCE MANAGEMENT 38 36 • HR AS A PROFIT CENTER: Boosting Customer Service Workforce and Demographic Trends 40 Economic Challenges and Trends 42 40 THE NEW HUMAN RESOURCE MANAGERS 43 Human Resource Management Yesterday and Today 43 They Focus More on Strategic, Big Picture Issues 43 • THE STRATEGIC CONTEXT: Building LL.Bean 43 44 They Use New Ways to Provide Transactional Services They Take an Integrated, "Talent Management" Approach to Managing Human Resources 45 They Manage Ethics 45 They Manage Employee Engagement 45 They Measure HR Performance and Results 45 They Use Evidence-Based Human Resource Management They Add Value 46 They Have New Competencies 47 HR Certification 48 46 THE PLAN OF THIS BOOK 48 48 The Basic Themes and Features CHAPTER CONTENTS OVERVIEW 49 49...
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...CHAPTER 1 GLOBALIZATION LEARNING OBJECTIVES: 1. Describe the process of globalization and how it affects markets and production. 2. Identify the two forces causing globalization to increase. 3. Summarize the evidence for each main argument in the globalization debate. 4. Identify the types of companies that participate in international business. 5. Describe the global business environment and identify its four main elements. CHAPTER OUTLINE: Introduction International Business Involves Us All Technology Makes It Happen The Global Relay Race Globalization Globalization of Markets Reduces Marketing Costs Creates New Market Opportunities Levels Uneven Income Streams Yet Local Needs Are Important Globalization of Production Access Lower-Cost Workers Access Technical Expertise Access Production Inputs Forces Driving Globalization Falling Barriers to Trade and Investment World Trade Organization Regional Trade Agreements Trade Agreements and Trade Growth Technological Innovation E-mail and Videoconferencing Internet and World Wide Web Company Intranets and Extranets Advancements in Transportation Technologies Measuring Globalization Untangling the Globalization Debate Today’s Globalization in Context The Current Globalization Backlash Leaving the Anarchists Behind Before We Go On Globalization’s Impact on Jobs and Wages Globalization Costs Jobs and Lowers Wages Eliminates Jobs in Developed Nations Forces Wages Lower in Developed Countries ...
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...Preface 23 Acknowledgments PART ONE 1 INTRODUCTION 27 28 28 30 Introduction to Human Resource Management What Is Human Resource Management? 30 Why Is Human Resource Management Important to All Managers? Line and Staff Aspects of Human Resource Management 32 Line Managers' Human Resource Duties 33 Human Resource Manager's Duties 33 New Approaches to Organizing HR 35 Cooperative Line and Staff HR Management: An Example Globalization and Competition Trends 37 Indebtedness ("Leverage") and Deregulation Technological Trends 38 Trends in the Nature of Work 39 35 WHAT IS HUMAN RESOURCE MANAGEMENT AND WHY IS IT IMPORTANT? 31 THE TRENDS SHAPING HUMAN RESOURCE MANAGEMENT 38 36 • HR AS A PROFIT CENTER: Boosting Customer Service Workforce and Demographic Trends 40 Economic Challenges and Trends 42 40 THE NEW HUMAN RESOURCE MANAGERS 43 Human Resource Management Yesterday and Today 43 They Focus More on Strategic, Big Picture Issues 43 • THE STRATEGIC CONTEXT: Building LL.Bean 43 44 They Use New Ways to Provide Transactional Services They Take an Integrated, "Talent Management" Approach to Managing Human Resources 45 They Manage Ethics 45 They Manage Employee Engagement 45 They Measure HR Performance and Results 45 They Use Evidence-Based Human Resource Management They Add Value 46 They Have New Competencies 47 HR Certification 48 46 THE PLAN OF THIS BOOK 48 48 The Basic Themes and Features CHAPTER CONTENTS OVERVIEW 49 49...
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...RUBRIC FOR ASSIGNED CASE PRESENTATIONS AND PAPERS 1. Each student will be assigned a case from the end-of-chapter cases in the text book. You are required to submit a paper on the case and to engage in an in-class discussion with the professor about the case. 2. The cases in the textbook are what lawyers call squibs. The squibs are short summaries of the case and not the full court opinion about the case. You will be able to do an internet search under the name of the case and find the full court opinion, which will have much more information than the squib in the textbook. 3. Using the information in the full case opinion, you will be required to do the following a. (up to 25 points) Submit a paper of 500 to 750 words on the case. The paper must treat the following areas: - what are the facts of the case? - what is the law that applies in this situation? - what is the issue? That is a statement of how the law applies to the facts of the case - discussion - make an argument that supports a particular outcome in the case. NOTE – you do not have to agree with the court’s opinion. Feel free to come to a different conclusion that the court did, if you think the law and facts support you. - state your conclusion. b. (up to 25 points) Be prepared to engage in an in-class discussion with the professor about this case. You should be very familiar with the law and facts and should NOT be referring to the textbook, the case or your notes during this discussion. The discussion will...
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...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 interests as it promotes prison security. The evidence supports the conclusions that games such as D& D can mimic the organization of gangs and lead to their development. The...
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...September 2008 CONTENTS Page 1. 2 INTRODUCTION ..............................................................................................................................1 PREPARATION ................................................................................................................................2 2.1 2.2 2.3 2.4 3 INTRODUCTION .......................................................................................................................2 PURPOSE ..............................................................................................................................2 PLANNING ..............................................................................................................................2 RESEARCH ............................................................................................................................2 CONTENTS OF A REPORT ............................................................................................................3 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 INTRODUCTION .......................................................................................................................3 TITLE PAGE ...........................................................................................................................3 CONTENTS PAGE ...................................................................................................................3 THE SUMMARY ...................................
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...1. Explain what you think the role of a paralegal is in the litigation process. Reflect on your own personal skills and if you like litigation practice. The role of a paralegal in the litigation process is to provide a win-win solution to the cost of legal services as most people cannot afford the services of a lawyer. Paralegals engage in substantive legal work, the kind of work that lawyers do with certain limitations and prohibitions. Based on my own personal skills such as filing of small claims, paralegals are engaged in real legal work, provided as paralegals are appropriately supervised, the lawyers for whom paralegals work are able to engage in other legal work. I like litigation practice because paralegals are of service to the clients. Clients will receive a smaller bill when legal assistants are used effectively because the work of legal assistants is billed at a lesser rate than that of lawyers. The use of paralegals allows more members of society to be able to afford legal services, while at the same time allows employing lawyers at private law firms to increase their earnings. Paralegal is a highly demand profession which makes me reflect that litigation practice is a rewarding career. 2. As a paralegal what documents should you attempt to obtain before a lawsuit is filed during the informal fact-gathering stage? What sources are available to you to locate these documents? The attorney’s work product, now called “trial preparation materials.”...
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...Portsmouth TABLE OF CONTENTS Page List of tables and list of figures About the authors v vi List of abbreviations vii Executive summary ix Part 1 Auditor independence 1 Introduction 1 1.1 1 1.2 The ‘problem’ of non-audit services (NAS) 1 1.3 The current UK regulatory and professional environment 2 1.4 Motivation for this study 3 1.5 2 The role of audit in regulating capital markets Structure of report 3 Auditor independence 4 2.1 Introduction 4 2.2 Definitions of auditor independence 4 2.3 Economic models of auditor independence not including NAS 5 2.4 Models of auditor pricing and independence in the presence of NAS 5 2.5 2.6 Economic power models of auditor independence Moral psychology, ethical reasoning and independence 8 8 2.7 Broader based studies into auditor decision making 9 2.8 Summary and comments 11 Part 2 Current regulatory frameworks 3 Auditor independence and NAS: analysis of current regulatory frameworks 3.1 Introduction 13 13 3.2 Regulation of auditor independence 13 3.3 Independence in professional and legal regulatory frameworks 13 3.4 3.5 Independence and NAS Overall economic dependence 19 22 3.6 Small companies 22 3.7 Summary and comments 23 Part 3 Empirical studies of NAS 4 Methods 25 4.1 25 4.2 5 Literature search procedures adopted Review...
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