...Relationship Between Criminal And Civil Law Introduction The structure of the paper is as follows.Firstly,discuss the difference between criminal and civil law,and then analyse the overlap of the two systems.finally,give some advice to a victim of a civil wrong and a crime. Body 1. distinction between criminal and civil law Criminal Law is a kind of public law, which “governs relationships between individuals and the government, and those relationships between individuals which are of direct concern to the society.” The criminal law exist to punish a person that who have committed criminal offenses. In order to punish criminals and deter crime and others they remain stable state and society. "In public law, mandatory rules prevail. Laws concerning relationships between individuals belong to private law. ” (Elizabeth A. Martin ,2003) Civil law is private law. “In England and Wales, civil law means non-criminal law. The law relating to civil wrongs and quasi-contracts is part of the civil law. “Civil law deals with the disputes between a person, organizations, or between the two, in which compensation is awarded to the victim. The main purpose of the civil law is to compensate individuals who have suffered loss or injury by the wrongful actions of other person. Civil law is different from criminal law, because it emphasises more upon punishment than on dispute resolution. (Glanville Williams,1982) The essence of the distinction of criminal and civil law is different...
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...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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...Integrating Values - The Legality, Morality, and Social Responsibility of the George Brothers & the Largest Pill Mills in South Florida Abstract This paper examines the legality and ethics of the George brother’s pain medication clinics in South Florida. It explains the legality of the pain medication supply that is available for consumers that medically need it and how its source can also be an easy access to addicts. Although it is considered legal, is it ethical? In this paper we study different theories in ethics, including Kantian and Utilitarian ethical models. These models provide clear analyses that guide us in deciding if pain medication distribution from pain clinics is ethical. Finally, we review and conclude if the George brother’s pain medication clinics were acting socially responsible within their communities. Given the rise of pain medication abuse and illegal reselling, pain clinics in South Florida should adhere to strict rules to provide services to those that need it and not turn their businesses into pill mills. Introduction Purposes of Paper The intent of this paper is to provide a detailed and analytical examination of the George brother’s pain medication clinics. Throughout this paper all approaches will be examined such as the legality and ethics of the case, and how social responsibility plays a role. In the past few years in South Florida, there has been a rise of pain medication addiction and the reselling of these narcotics. Pain...
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...COMM 315 Business Law and Ethics 07-Jan-08 |Law: |Ethics: | |if it’s not written it’s not law |norms | | |cultural values | | |if behaviour results in the greater good then it’s ethical | Class exercise: Trying to define legal versus ethical (class asked to provide examples of where legal/illegal/ethical/unethical meets): | |Ethical |Unethical | |Legal |Stopping at a red light |War | | |Paying taxes |Adultery* | | |Paying > minimum wage | | |Illegal|Abortion (still on the books as illegal, but many exceptions |Drug dealing (~half of class didn’t think it was bad, re/ | | |as to when it may be performed) |marijuana) ...
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...canine officers in Salt Lake County, Utah County, and Davis County would assemble at an abandoned building and practice multiple real life scenarios. As I stood and watched in awe all night, I witnessed a few unsettling scenarios. First, I witnessed dog being released on command to attack a person acting as a criminal. The attack wasn’t the unsettling part about the scenario. What really bothered me was seeing the dog misidentify a fellow police officer as the criminal and attack the officer, who unfortunately was not in a bite suit. A bite suit is protective clothing the trainers wear when training their dogs to attack. Since the officer was not wearing protective gear, he suffered many lacerations and received multiple stiches. As the night continued, I was able to watch another training scenario involving Taser guns or stun guns. Unlike the dog, this technique worked flawlessly. The officer was able to take down the accurate perpetrator in a proficient manner and no fellow officers were injured. On this particular night, there was an accidental injury that doesn’t happen often involving the canine. However, this introduced a couple of questions. Does this happen frequently and do situations like this happen often on the actual job? In the world of law enforcement, there are many tools used on a daily basis by police officers. A few examples include handcuffs, firearms, pepper spray, batons, radios/walkie-talkies, flashlights, Tasers, radars, LIDAR, and cars/motorcycles. Many of...
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... 1/54 Study: Speller Learn Test Play Games: Scatter Space Race All 54 terms PrintExportCopyCombine Order by Terms Definitions Microsociology emphasis is placed on social interaction- rules, codes, survival strategies, relationships, face to face contact. Location in Social Structure People's location in the social structure accounts for differences in their behavior & attitudes Ascribed Status involuntary status; a status you inherit o Class of parents, gender, sex, ethnicity, race Achieved Status voluntary status; a status you earn o Student, criminal, doctor, friend Society people who share culture & territory Hunting & Gathering Societies simplest form of society, few social divisions, few people, nomadic, most egalitarian [treat all as equals, no one is rich or poor], society with most leisure time. Role Conflict When what is expected of us in one role is incompatible with what is expected in another role. Role Strain When the same role presents inherent conflict- one role Thomas Theorem If people define situations as real, they are real in their consequences- think of people as less than and they will be treated as such. Group members of a group think of themselves as belonging together, they interact with one another Primary Groups called the spring of life by Charles Horton Cooley, primary groups influence life Secondary groups larger, more anonymous, formal, impersonal ie. college class, APA, Democratic party, workplace employees....
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...well-shaped. In my research paper I want to express my views on several sides of human life. I’d like to attract attention to such concepts as sense of life and happiness, good and evil, morality and faith in God, love and death, eternal life values, karma and religion. I’ll answer the questions what love and happiness mean for me personally. I understand that the concept of life philosophy is really versatile and it’s hard to express personal views on so many aspects. That’s why my research deals with only those things which are important for me at this stage of my life. If you look at life from different sides for some period of time, and then gather all your thoughts into one picture – that would be your life philosophy. Humans strive to find out and clearly define the sense of their living, and feel unhappy and desperate without it. Each person has his own sense of life and discovers it for himself only. There are people who live their lives without asking what they are living for. Personally I have always been concerned with this question and I think it is important to have at least some slightest peace of sense in life. Sometimes I feel myself broken and empty. It happens when I don’t see what I am living for. But I remember wise words that “life is too short to regret”. From time to time I feel lonely and dissatisfied with my life, but then unexpectedly I meet a nice person or find an interesting activity, and feel happy again. That’s why I think that everything depends on how...
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...marijuana as corrupt as society makes it out to be? Growing up, everyone is told that, “Drugs are bad for you,” time and time again. Now as a kid you don’t really appreciate the reasoning behind it, but you listen to your authority figure heedlessly. I remember being told this my entire life and even to this very day. But as I got older I realized that people would still use the drugs even though it’s unlawful. I could never comprehend why someone would go against the law and endanger their life just to use drugs? But as I got older I began to realize that these people truly didn’t do any harm to the public or to themselves by smoking marijuana. Many doctors and health specialist are advocates for consumers to smoke marijuana just because of its health benefits. Marijuana is the third most popular recreational drug in America other than alcohol and tobacco, but marijuana is the only one that can benefit you the most out of the three. Alcohol and tobacco are drugs that many people have died from and harms the body as time goes by. Other medication that doctors prescribe to their patients is painkillers, and they can really kill you. According to McKnight et al. (2014), “There were 14,800 deaths from opiate overdose in 2008, according to the Center for Disease Control, and none from marijuana” (p. 4). Pain is the anxiety of disease, the symptom that reveals that all is not right with our bodies. Whether due to accident or illness, it is the greatest shared reason that people...
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...S E C T I O N II Understanding White-Collar Crime Definitions, Extent, and Consequences S ecti on Hi g h l i g h ts •• •• •• •• •• •• White-Collar Crime: An Evolving Concept Modern Conceptualizations of White-Collar Crime Extent of White-Collar Crime Consequences of White-Collar Crime Public Attitudes About White-Collar Crime Characteristics of White-Collar Offenders A 34 s noted in the introduction, Edwin Sutherland created the concept of white-collar crime more than 70 years ago to draw attention to the fact that crimes are committed by individuals in all social classes. As will be seen in this section, one of the largest difficulties in understanding white-collar crime has centered on an ongoing debate about how to define white-collar crime. After discussing various ways that white-collar crime can be defined, attention will be given to the extent of white-collar crime, the consequences of this illicit behavior, public attitudes about white-collar crime, and patterns describing the characteristics of white-collar offenders. Section II Understanding White-Collar Crime 35 As a backdrop to this discussion, consider the following recent white-collar crimes described in the media: •• A jury convicted [then-Baltimore mayor Sheila] Dixon . . . of embezzling about $500 worth of gift cards donated to the city for needy families. Dixon then pleaded guilty last month to lying about thousands of dollars in gifts from her former boyfriend, a prominent developer...
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...CHAPTER THREE CONCEPT OF NATIONAL DEVELOPMENT 1. MEANING AND NATURE OF DEVELOPMENT Development is a multi-dimensional process. Development according to international encyclopedia of social science "is a rapid sustained rise in real output per head and attendant shift in technological, economical and demographic characteristic of a society together with the more concept of social development and political development". Walter Rodney opined that "Development in human society is a many sided process. At the individual level it implies increased skill and capability, greater freedom, creativity, self discipline, responsibility and material well being". Amaucheaz, in his submission stated that, development is a multi-dimensional process involving the totality of man in his political,, economical, psychological, social relations among others. Development as a concept is multi-dimensional phenomenon that embraces economics, political and socio-cultural aspect of a nation. When the political, social and economic conditions of a state are in good shape, that state qualifies to be termed developed or developing state. 3.2 NATIONAL DEVELOPMENT STRATEGIES, NEED AND ECONOMIC DEVELOPMENT. The national development strategy is a means, way, and plan in which the government formulates and implements its policies in order to accelerate the rate of development in the policy. Obasanjo administration made series of efforts to lay a solid foundation for the socio-economic growth...
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...aforethought”(mental component) * Manslaughter is the killing of someone in circumstances less culpable than murder. (generally given a lighter sentence than for murder) Degrees of awareness | Murder | Voluntary Manslaughter | Involuntary manslaughter | Non-criminal Killing | Intention to killReckless indifference of life Constructive murderDeath during intention to commit grievous bodily harm | Where the intention to kill or cause the act is mitigated by other factors, such as provocation or diminished responsibility | Non-reckless indifference to life or manslaughter by criminal negligenceReckless indifference to grievous bodily harmManslaughter by an unlawful and dangerous act | Death by non-criminal negligenceDeath by an unlawful act that is not dangerousAccidental deathSelf-defence | Stats: Murder: * In 2001 of the 340 homicides in Australia, 306 were murder * Maximum penalty is life imprisonment Manslaughter: * In 2001 of the 340 homicides in Australia, 34 were manslaughter * Maximum penalty is 25 years in gaol but offender may not go to gaol, may receive a lesser penalty or be acquitted Assault and Battery Assault Definition: Assault is the threatening to do violence to someone Battery Definition: Battery is the attacking of another, causing actual physical...
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...Nursing Leadership & Health Care Systems Management (University of Colorado, Denver), Higher Dip. Critical Care Nursing (Nbi). Graduate Assistant, School of Nursing & Biomedical Sciences, Kabianga University College (A Constituent College of Moi University), . P 0 Box 2030 20200 Kericho, Kenya , Tel +254 722224577, Email: symomash@gmail.com ETHICAL DILEMMAS FACING NURSES ON END-OF-LIFE ISSUES BASED ON CONFERENCE PROCEEDINGS HELD IN ELDORET, KENYA ABSTRACT Problem Statement: A conference to discuss on ethical dilemmas is thought to be a good way of airing out issues. It is unfortunate that at times a patient in our care may die no matter what we do. Profound ethical questions on end of life issues confront the medical personnel as they watch and wait helplessly. This paper touches on ethics, law, social and public policy as they affect nursing practice. Setting: This is a conference proceedings report augmented with a case study of Nelly from a local setting and compares it with two others from elsewhere which were also presented during the conference. Conference was organized by Federation of African Medical Students Associations (FAMSA), Eldoret 2011. The author was a presenter and discussant. This paper is a compilation of the ideas, inspirations and reflections of the significant sessions and also fulfills some of the recommendations resulting from the distinguished panelists...
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...justice to and protected.2 This paper will examine the laws relating to rape and/or governing rape trials in Nigeria, to wit: the Penal Code and Criminal Code and the Evidence Act, to underscore the meaning, elements, defences and application of the offence of rape in Nigeria and determine their sufficiency and/or insufficiency with regards to victim protection. Accordingly, the paper will access and overhaul the statutory definition of rape, the common law presumption as to the age of a person who may commit the offence, the requirement for corroboration of evidence of a rape victim/survivor and the issue of consent as a defence to rape. The gender insensitive nature of the law on rape in Nigeria which constitutes a discrimination against men (by defining rape as an offence which can only be committed by a male) will also be highlighted. Suggestions will also be made for legislative review or upgrade of the law on rape in Nigeria in line with what obtains in some other jurisdictions. 1.0 Meaning of Rape Rape is a specific sexual offence and one of the sexual offences known to the Nigerian criminal jurisprudence.3 The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) considers rape as a form of discriminatory violence against women4And Article 1(g) of the Rome Statute of the International Criminal Court recognizes rape as a crime against humanity. The Black’s Law Dictionary5...
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... This body was formed in the aftermath of the Second World War to achieve unity among its members in such matters as the protection of fundamental rights. The Convention was drafted after the atrocities of the Second World War. The Convention was signed by the High Contracting Parties in 1950, and came into force in1953. It was ratified by the United Kingdom in 1957. Article 2 of the Convention for the Protection of Human Rights and Fundamental freedoms protects the right to life.[1] The right to life is the first substantive right proclaimed in the convention because it is the most basic human right of all; if you could arbitrarily be deprived of your life; all other rights would become illusory. The Convention does not clarify what life is or when it starts. In the absence of a European or worldwide legal or scientific...
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...End-of-life Choices: Euthanasia and Others Fact Sheets Prepared by: Dr. TSE Chun-yan Society for Life and Death Education Dr. CHAN Ho-mun Associate Professor Department of Public and Social Administration City University of Hong Kong November 2009 Fact Sheet 1 - Setting the scene: Euthanasia is a frequently debated issue in the community. However, there is often confusion in the concepts and terminologies involved. Different people have different definitions for the terms used in the discussion. Euthanasia could be defined narrowly or broadly. In the medical and legal field, when the term is used without qualification, euthanasia usually signifies “voluntary active euthanasia”. According to the Professional Code of Practice of the Medical Council of Hong Kong, euthanasia is defined as “direct intentional killing of a person as part of the medical care being offered”. Euthanasia is illegal throughout the world with the exception of Netherlands, Belgium and Luxembourg. However, in public debates and in bioethics literature, the term euthanasia often carries a broader meaning. Forgoing life-sustaining treatment (LST) is often considered as one form of euthanasia, labeled as “passive euthanasia”. Different ethicists define “passive euthanasia” differently. Some define the term as all forms of forgoing LST, while some define it as forgoing LST with the intention to shorten life. It should be noted that, legally and medically, forgoing LST is distinct...
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