...is still rising at a disrupting rate. The question that we need to ask ourselves is if the people that get out of prison deserve a second chance at a normal life. Everyone has a different opinion on this topic. Some people will agree that once a person serves time for the crime that they committed then they deserve a chance to start over. While others think that those who committed a crime should have thought about their actions before they did the things that they did. This paper will not just go over to the pros of why inmates deserve a second chance but the cons as well, in hopes that whoever reads this paper will make their own judgments based on all the information and not just part of the evidence. There are many pros for why a criminal deserves a second chance at life. For instance, many criminals have families that are in need of their assistance, financially, physically, and emotionally. There are also just as many cons to contradict all of those pros. A con would be that is statically proven that people are more likely to repeat their offenses. In the end many believe that God should have the final say when it comes to judgment and that flawed human beings should have the inability to decide the fate of another human being. After you have read this paper, I can confident that...
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...HCA524 Medical Staff Bylaws We live in a world filled with rules and regulations known as laws. These laws may constrain us at times, but laws provide direction and expectations for our behavior. Just as we have to follow laws as a society, there are professional rules and regulations designated by organizations. Medical staff bylaws are a set of rules established by hospitals to set up a framework for excellence in terms of quality of care, accountability and relationships between the medical staff and the governing body. The question asked is, are bylaws a contract? To answer this question we must look at three things: What defines a contract, analyze court cases to clarify the issue of contracts, and finally review the pros and cons for physicians and hospitals of medical staff bylaws as a contract. Definition of a Contract: According to Stuart Showalter (2012), there are four elements that define any contract: competent parties, meeting of the minds, consideration, and legal purpose. The competent parties consist of the hospitals, physicians, and medical staff personnel who are employed by the hospitals. Meeting of the minds occurs when hospitals create terms in the contract and the other party reviews and accepts these terms of the agreement. Here both parties must agree on the exact same terms as stated in the contract for a meeting of the minds to occur. Consideration, typically given in the form of money, can simply be an agreement to fulfill the terms...
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...Ruins the doctrine of sovereignty-Parliament sovereignty is effectively beaten. * Judges have to police the constitution and effectively interpreted. – Threat of judicial tyranny. Codified constitutions cannot be interpreted by the public so the judges would have to interpret it which could bring out preferences and values of senior judges * Un-necessary- doesn’t Philly limit governments * Hard to change * Easily outdated * Legal documents created at one point of time rather than a document which has been endorsed by history and created over time Arguments for * Clear rules * One codified document * Limited government * Neutral interpretation * Protecting rights of individual liberty * Education value – highlight certain values and strengthen citizenship Introduction The argument of a codified constitution has been a debated subject for a long time within the UK political spectrum. The argument stands at present moment that if the UK should or should not implement a codified constitution. Both sides of the argument withstand staggering evidence both in favour and factors denouncing the idea being drawn at the same time. The fact of a codified constitution would invoke a greater judicial intervention within the UK – maybe even put the state under risk of judicial tyranny. On codified constitution we have at the moment, have a scattered it maybe, is universally understood through statutes. It can be argued that a codified constitution...
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...| | |Euthanasia | |Pros and Cons of Euthanasia | | | |Lisa Rohn | |10/20/2010 | |Euthanasia is a highly controversial topic among many political and religious groups. The purpose of this project is to detail the facts of | |Euthanasia and to list the pros and cons surrounding the topic. Euthanasia is prohibited in the United States. However I will show that | |patients practice forms of this “mercy killing” legally each day while exercising their right to die. This project will list guidelines in | |which Euthanasia should be legalized and give arguments as to why the decision should be the sole right of the suffering individual. | Imagine that your mother...
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...GUJARAT UNIVERSITY SYLLABI OF THREE YEARS LL.B. PROGRAMME WITH CREDIT BASED SYSTEM (As prescribed b y the BAR CO UNCIL OF INDI A and as per the Rules of Legal Education, 2008) Effective from the academic year 2011-12 THREE YEARS’ LL.B. POGRAMME First LL. B. Semester – I FIRST LL.B. - S EMES TER 1 (MONSOON ) PE R WE EK S UBJEC TS LEC TURE S OT HER S T OT AL C RED IT S (SE M)29 CORE COURSE 101 L aw of T ort i ncludi ng MV A cci dent And C on sum er Pr ot ecti on Law s 4 1 5 5 CORE COURSE 102 Crim in al Law P aper – I (General P rinci pl es of P en al Law ) 4 1 5 5 4 1 5 5 4 1 5 5 4 1 5 5 1 1 2 2 1 1 2 2 CORE COURSE 103 CORE COURSE 104 CORE COURSE 105 FOUNDATIO N 106 F SOFT S KILL 107 K Crim in al Law P aper – II (S pec ific Off enc es) L aw of C ont ract S peci al C ontr act C on sti tuti on al Hist ory of I ndi a Use of Law J ournal s and L egal S oftw ar e 1 Semester – I Monsoon Semester CORE CO URSE 101 : LAW OF TO RT I NCLUDI NG M V ACCI DENT AND CO NS UM ER P ROTECTION LAWS Objectives of the Course : Wit h rap id industrializat ion, to rt actio n came to u sed again st manu factu rers and industrial un it fo r p roducts injurious to human beings. Present ly the emphas is is o n extend ing th e principles no t only to acts, which are h armfu l, bu t also to failu re to co mply with stand ards that are continuously...
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...to the individual to want to get that help. Addiction by definition is the use of any chemical substance to alter states of body or mind for other than medically warranted purposes. It doesn't matter whether its beer, hard liquor, or a glass of wine, addiction doesn't choose its vessel, it all becomes harmful. In the medical field, it’s becoming increasingly common to hear someone argue that they aren't addicted to the medicine because it’s prescribed, but if it’s not taken as it is supposed to be or if you begin to depend on it to sustain life, that is a sign that you may be addicted. But before we see what happens to addiction, we must first talk about how long it’s been in our society and how it affects others. There are many pros and cons to the argument of alcohol addiction, but it’s sad that in the midst of the continuing debate of how to cure addiction, many are still caught in the middle while...
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...Five Ideology's assignment Mohammad Kareem Conservatism: In Theory Communism would work and is the best way to form a government, but as this ideology was implemented in different countries and nations the reality has shown it might be very far from being perfect. This system of government as well as economy is also based on trying to create equality. Communism can be related to Socialism which creates equality by essentially sharing all profits and land with the community. Unlike socialism however,Communism believes that there is no need for a profit to be given to the worker or for land to be owned by any workers because it creates inequality and this must be done to ensure social order. A Lot of the communist ideology is totally opposite and against capitalist views. There is no competition in communism and wages and salaries are equal across all carers and work. In Communist theory, government leaders should only be temporary and used only to gear the population towards true order and then step down and let the work cycle continued. Many of the communist ideology is predominantly theory and is highly criticized by many nations. In today's day and age many countries have decided to opt out of the communist social structure because it is unpractical and does not provide true equality as theorized. Communism was a fairly modern ideology founded only about 120 years ago but has lingered throughout history. The majour man honoured with the creation of communism is Karl Marx...
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... 12-13 5. Pros and Cons of Recent Developments of Bitcoin 14-15 6. Legal Aspects of Bitcoin in India 16-19 7. Conclusion 20 8. References 21-23 INTRODUCTION We live in a world where transactions are made by traditional methods using separate currencies. This system has been implemented since the dawn of time. But for a more modern approach, a new form of currency called as crypto currency have been introduced by various organizations around the world. The first crypto currency to be introduced is the Bitcoin. Bitcoin is the creation of a computer programmer named using the pseudonym Satoshi Nakamoto that made its debut in January 2009. This is an open source, peer- to-peer, digital currency that has no physical manifestations. Unlike earlier digital currencies that had some central controlling person or entity, the USP of Bitcoin lies in its network being completely decentralized, with all parts of transactions performed by the users of the system. This is similar to the U.S. dollar so, Bitcoin is a fiat currency in that it is not redeemable for some amount of another commodity i.e. Bitcoin in itself does not any intrinsic value. But unlike the dollar, a Bitcoin is not legal tender nor backed by any government or any other legal entity, nor is its supply determined by a central bank. The Bitcoin system is a separate network, with no intervention of traditional financial...
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...Project Proposal Impact of Private Listed Companies’ Political Connections on Stock Price Synchronicity: Evidence from China By Seven Cheng Lin 1130600072 Accounting Chris Chaofan Chen 1130600006 Accounting Submitted to Jessica Tian Beijing Normal University-Hong Kong Baptist University United International College Dec 2014 Content 1. Introduction…………………………………………………………………………1 1.1 An Overview of stock price synchronicity…………………………………….1 1.2 Political Connection in China………….…..……...……………………….……….2 1.3 Study Objective………….…………………………………………..…………………3 2. Literature Review…………………….……………………………………………………...4 2.1 Literature Related to the Stock Price Synchronicity………………..…………………4 2.2 Literature Related to Political Connections …………………..……………..……….5 3. Statement of hypotheses…………………………………………………………….……….6 3.1 Political Connections and its Impact on Stock Price Synchronicity …………..……...6 3.2 Moderate Effects of Institutional Environment in Different Regions……………..…..7 4. Methodology………………………………………………………………………..8 4.1 Dependent Variable………….….………………………………….…………………..8 4.2 IndependentVariable……....…………….………………………..…………………9 4.3 ControlVariables………………….………………………………..………………..9 4.4 Framework………………...…………………………………………….……………10 5. Schedule………………………...…………………………………………….……………10 6. Reference………...………...…………………………………………….…………….11 1. Introduction 1.1 An Overview of Stock Price Synchronicity Since the successive establishments of the ShenZhen Stock Exchange and the ShangHai Stock Exchange...
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...RN KAO MEMORIAL LECTURE BY SHRI NARESH CHANDRA India’s Security Challenges in the next decade – Role of Intelligence I feel greatly honoured and privileged to have been asked to deliver the R. N. Kao Memorial Lecture this year. I believe, it is the sixth in the series started in 2007 by Shri Tharakan, the then Secretary, R&AW . It feels good to be following the five distinguished speakers who have delivered the lecture in previous years. Before this distinguished gathering, it is hardly necessary to enumerate the achievements of Shri Ramji Kao, one of the most celebrated civil servants of our time and the architect of our secret service. He was given charge of organizing the R&AW in September, 1968. Shri Kao had been associated with the creation of the Aviation Research Centre after 1962. He was able to set up and harness the capacities for both human and technical intelligence so successfully that within a period of less than three years, the Organisation was able to make a most valuable contribution to our triumph in the 1971 conflict. He is recognized as a father figure and role model for all officers, young and old, in the R&AW and the Directorate General of Security. As a person Shri Kao had an elegant and striking presence. He was measured and precise with his words yet had a keen sense of humour, an amazing human touch and a love for arts. A significant feature of Shri Kao’s vision for the R&AW was to lay strong emphasis on the quality of manpower...
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...LAW 443 ADMINISTRATIVE LAW I NATIONAL OPEN UNIVERSITY OF NIGERIA SCHOOL OF LAW COURSE CODE: Law 443 COURSE TITLE: Administrative Law I 1 LAW 443 ADMINISTRATIVE LAW I Course Code: Course Title: Course Developer/Writer: Administrative Law I Law 443 Simeon Igbinedion, LL.B., LL.M., B.L., PH.D., Faculty of Law, University of Lagos. Professor Animi Awah Ifidon Oyakhiromen, LL.B, LLM, M.Phil, Ph.D, BL Course Editor: AG. Dean,/Programme Leader: Course Coordinator: Mr. Ayodeji ige, LLM, BL 2 LAW 443 ADMINISTRATIVE LAW I COURSE GUIDE CONTENTS PAGE Introduction ……………………………………………………………………….. 1 What You Will Learn in this Course …………………………………………….... 2 Course Aims ………………………………………………………………………. 3 Course Objectives ………………………………………………………………… 3 Study Units ……………………………………………………………………….. 3-4 Tutor-marked Assignment ……………………………………………………....... 4 References/Further Reading ……………………………………………...……. 4 3 LAW 443 ADMINISTRATIVE LAW I Introduction Consider a situation where your residential property in which you have lived for decades has been demolished by the authorities of the FCT, or the Lagos State Ministry of Environment for allegedly being located in an industrial area. Suppose some customs officers at a checkpoint found you in possession of items which they claim to be contraband and, therefore, seized pursuant to the new Customs policy of zero-tolerance of goods likely to endanger the economic growth or contribute to the...
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...Scholarship Repository University of Minnesota Law School Articles Faculty Scholarship 1988 Discovery in Labor Arbitration Laura J. Cooper University of Minnesota Law School, lcooper@umn.edu Follow this and additional works at: http://scholarship.law.umn.edu/faculty_articles Part of the Law Commons Recommended Citation Laura J. Cooper, Discovery in Labor Arbitration, 72 Minn. L. Rev. 1281 (1988), available at http://scholarship.law.umn.edu/ faculty_articles/307. This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in the Faculty Scholarship collection by an authorized administrator of the Scholarship Repository. For more information, please contact lenzx009@umn.edu. Discovery in Labor Arbitration Laura J.Cooper* The mere statement of the topic, discovery in labor arbitration, suggests a paradox. Is not the essence of the arbitration process an effort to avoid the procedural complexities that make litigation comparatively slow and costly? More than forty years ago, Learned Hand admonished a litigant distressed with the procedural failings of an arbitration proceeding: Arbitration may or may not be a desirable substitute for trials in courts; as to that the parties must decide in each instance. But when they have adopted it, they must be content with its informalities; they may not hedge it about with those procedural limitations which it is precisely its purpose...
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...LICENSE TO KILL? A critical analysis over the pros and cons of the concept of Medical Negligence, in both civil and criminal aspects Introduction Disease, its cause, what may abate the ill: Let leech examine these, then use his skill- Kural All professions are noble as long as they are performed honestly. Professionals like Doctors, Lawyers, Teachers etc. are in the category of persons professing special skills. Any man practicing a profession requires particular level of learning, which impliedly assures a person dealing with him, that he possesses such requisite knowledge, expertise and will profess his skill with reasonable degree of care and caution. It should be taken in to consideration that the professional should command the “corpus of knowledge” of his profession. Since long the medical profession is highly respected, but today a decline in the standard of the medical profession can be attributed to increasing number of litigations against doctors for being negligent narrowing down to “medical negligence”. Public awareness on medical negligence in India is growing. Hospital managements are increasingly facing complaints regarding the facilities, standards of professional competence, and the appropriateness of their therapeutic and diagnostic methods. The health service has been under the purview of the Consumer Protection Act, 1986 and subsequently the commercialization of the health sector has had adverse effects on doctor and patient relationship. The landmark...
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...TABLE OF CONTENTS TO CRIM LAW (Levine) I. Overview of CJS A. Theories of Punishment 1. Utilitarian 2. Retributive B. Who should be punished? 1. Excuse (Because of personal condition X I shouldn’t be punished) 2. Justification (I acted in the right way and don’t deserve to be punished) C. Principles that Limit Punishment 1. Legality, Vagueness Lenity II. Components of a Crime A. Actus Reus 1. Conduct 2. Attendant Circumstances 3. Social Harm 4. Causation a. Actual Causation b. Proximate Cause i. Common law: Intervening Cause? ii. MPC: Built into culpability standards 5. Concurrence of Elements B. Mens Rea 1. Common Law Standard 2. MPC Culpability Standard 3. Specific Intent 4. Transferred Intent 5. Strict Liability Crimes 6. Role of Mistake a. Mistake of Fact b. Mistake of Law C. Concurrence of Elements III. Homicide A. Common Law 1. Murder a. 1st Degree Murder b. 2nd Degree Murder 2. Manslaughter a. Adequate Provocation b. Criminal Negligence c. Misdemeanor-Mansalguther B. MPC 1. Murder 2. Manslaughter 3. Criminal Negligence C. Felony Murder Rule 1. Limitations a. Inherently...
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...Legal Methods Outline How a Dispute Becomes a Case (16-29) I. Cases A. Procedural Posture: The movement of the case and the legal issues they hinge on. II. Reversing v. Overruling A. A court reverses the decision of a lower court in the same controversy. 1. Lower court is bound by precedent of higher courts – no exception. B. A court overrules itself - it disavows in a later, different case what it itself had ruled in a prior, different, but factually similar case. 1. Higher courts can overrule themselves – not bound by precedent. III. Res Judicata v. Stare Decisis A. Res Judicata – X may not ever again sue Y over this particular issue. 1. Res judicata - important in federal system of both state and federal courts because stops state court losing and then going to federal courts for the same issue. B. Stare Decisis – Requires following “the law,”/rule laid down by another case. 1. Appellate courts create stare decisis through opinions. 2. Law of the case – requires same defendant in every case. If the plaintiff wins, then those who come after can use it as well. A Case Timeline I. First Step - Is there a case? A. Is there a reasonable claim or cause of action? Is there a legal right for a remedy? – is this a question of “law”? – If no cause of action, then can’t be a case, but can be settled or just be dropped B. Can the individual prove by a preponderance...
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