...B) Alternative Approaches Maryland Maryland’s rising juvenile rate has made the state become more of restorative justice and more so a system of graduated sanctions in those sanctions there is three basic goals: public safety and community protection; offender accountability; and competency and character development. In other hand these ideas give Maryland to go to new directions (Simms, 2008). In Maryland the juvenile justice system is different than most states. The “The juvenile court may waive its jurisdiction with respect to a petition alleging delinquency if the petition concerns a child who is at least 15 years old or a child who is charged with committing an act which, if committed by an adult, would be punishable by death or life imprisonment. The court may waive its jurisdiction only after it has conducted a waiver hearing held prior to the adjudicatory hearing and after notice has been given to all parties. The court may not waive its jurisdiction over a case unless it determines, from a preponderance of the evidence presented at the hearing, that the child is an unfit subject for juvenile rehabilitative measures”. (Chapter 8) furthermore, in Maryland the juvenile courts handles all case that deal with juvenile. However, any juvenal that committed a crime that if the adults could be punished by death than the juvenal gets waived and also the child have to be at least 14 years old at the time the crime was committed(Delegate Montague, et al, 2002) . In additions...
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...Part I 1) Jackson sues Peniata and Wilber for trademark infringement alleging that “St. Paul Bistro is confusingly similar to “St. Paul Café”. Will Jackson prevail in her suit? Why? Answer: Jackson does have a case against Peniata and Wilber for Trademark 2) Jackson sues Peniata and Wilber for trade dress infringement. Will Jackson prevail in her trade dress infringement suit? Why? Answer: I do believe that Jackson does have a Trade dress infringement requires that a business' design and presentation to the public be confusing to the public in a particular geographic area. St. Paul Bistrl, and St. Paul Cafe are only 1/4 miles apart from each other business uses extremely similar decor, many of the same menu items and, up until recently, the same chef. Therefore, Jackson has a cause of action for trade dress infringement. 3) Jackson sues Peniata and Wilber for copyright infringement in connection with the menus. Will Jackson prevail in her copyright suit? Why? 4) Jackson sues Wilber for misappropriation of trade secrets in connection with the recipes and operating methods of running a restaurant. Will Jackson prevail in her misappropriation of trade secrets suit? Why? 5) Jackson sues Peniata for tortious interference with contract for interfering with the Wilber Employment Contract. (A) Is the non-compete provision in the Wilber Employment Contract enforceable? Why? (B) Will Jackson prevail in her tortious interference with contract suit? Why? Part...
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...Identify the mandates for the NCLB Act that affect ELLs In 2002 President George W. Bush signed the NCLB Act in order to make schools responsible for the overall performance of every student regardless of ethniticity, income, English proficiency or disability. This law mandated all schools and districts receiving Title I to meet (AYP), adequate yearly progress for the entire school population and for particular social sub groups, which emcompassed economically challenged groups, major ethnic groups, and also disable groups including ELLs. This bill required schools to increase standards and testing for reading and math; report results; reach independent benchmarks for specific grade levels. (pbs .org). Research show that ELLs perform extensively lower than other students; because of the language demand measurement accuracy is induced ; instability of ELLs student subgroup are affected when high achieving ELLs become proficient an exit sub groups; other factor are challenges that occur outside of school. (Abedi, J. 2004). Compare the drop-out rates in the U. S. to Georgia The drop-out rate represents the percentage of 16 to 24 years old who are not currently enrolled in school and have not earned a high school diploma or GED. (National Center for Education Statistics). Lately based on the CPS (current population survey) the drop-out rate declined from 12 percent in 1990 to 7 percent in 2012. Subsequently the drop-out percentage rates were calculated lower...
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...particular threat to public acceptance of the mission and objectives of juvenile justice. It is little wonder, then, that legislation concerning transfer is a near-universal feature of the politics of juvenile justice. The traditionally stated purpose of judicial wavier is to permit individualization of the decision whether a particular person is capable of being rehabilitated in the juvenile system-the amenability decision Fagan & Zimring (2000). In addition, the judicial wavier procedure provides a safety value for the juvenile system to exclude children who commit offenses that are believed to require the imposition of sanction that are beyond the capacity of the juvenile system to provide. Some form of judicial wavier or a substitute safety value is necessary in order to preserve the juvenile justice system politically within the context of modern penological expectations. It is difficult empirically to evaluate the contemporary role of judicial wavier in the overall context of procedures intended to sort out which cases should be filed and processed in the juvenile system and which in the criminal Fagan & Zimring (2000). While the general accounting office estimated that in most prosecutorial offices, judicial wavier accounted for a higher percentage of juveniles arriving in criminal court than direct filings or statutory...
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...Title 390 – National Emergency Watershed Protection Program Manual Part 515 – Exhibits Subpart F – Sample Letters 515.53 Sample Letter Request for Time Extension < Date> Subject: PDM – Emergency Watershed Protection, Request for Performance Time Wavier, EWP Project , To: Deputy Chief for Easements and Landscape Planning Natural Resources Conservation Service Washington, D.C. 20250 In accordance with 7 CFR 624.11, we are requesting a waiver of the EWP regulatory 220 day project limit for EWP Project , , for the . The project completion date is . The has DSR’s. DSR XX1 is 100 percent complete and DSR XX2 is 43 percent complete (Note: List all DSRs associated with the project and percent complete). The delay in completing DSR XX2 is due to the State Department of Environmental Protection Agency’s Environmental Resource Permit. Although the sponsor submitted the permit application in a timely manner, the sponsor did not receive the permit approval until . The delay in receiving the permit caused construction of the project to be scheduled during the rainy season and construction performance has suffered due to the numerous afternoon thunderstorms. See attached letter from the (Note: For documentation attached a letter from the sponsor along with applicable documentation for the delay). (390-V-NEWPPM, Amend. 3, November 2010) 1 Title 390 – National Emergency Watershed Protection Program Manual The sponsors have requested the time...
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...SCOPE MANAGEMENT PLAN INTRODUCTION Scope Management is the collection of processes which ensure that the project includes all the work required to complete it while excluding all work which is not necessary to complete it. The Scope Management Plan will detail how the project scope will be defined, developed, and verified. The Scope Management plan will also defines who is responsible for managing the projects’ scope and also acts as a guide for managing and controlling the scope through the entire project. Project Scope Management follows a five step process that makes the project successful; the five steps that are needed are, 1) Collect Requirements – this first step is the process by which we define and document the requirements needed to meet all project objectives. The foundation of this process is the project charter and stakeholder register. From these, the team can identify requirements, collectively discuss details associated with meeting each requirement, conduct interviews and follow-on discussion to clarify the requirements, and document the requirements in sufficient detail to measure them once the project begins the execution phase. . 2) Define Scope – this step is critical to project success as it requires the development of a detailed project/product description to include deliverables, assumptions, and constraints and establishes the framework within which project work must be performed. 3) Create WBS – this process breaks project...
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...here at AIU will be a great asset of me becoming a successful entrepreneur. I also would like to be a professor; which has been one of my life-long dreams. This would also be a way for me to demonstrate my skills I learn here at AIU. My goal is also to become the owner and operator of an elderly daycare center. In this facility will be many things such as: in- door pool, in house barber and beauty shop, four overnight suites, classrooms( 2- set – up as daycare rooms, computer room, game room, a theater room,) just to name a few. In this facility I will house Tanf receiptant to assist with the program to provide them with skills and educational background. I will also offer G.E.D. class free of charge (you will have to volunteer hours to wavier the testing fees). All the above will be offered at reasonable...
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...Eisenhower High School in my physical education class during my sophomore year. I did not know Miguel's name, and I was too shy to walk up to him and introduce myself. Over time, after noticing him in class and around campus, I got to witnessed more of his beauty, attributes, and how romantic he can be. It was my junior year when my best friend, Tamera, and I joined show choir. The moment I set foot in that choir room, I saw my crush, Miguel, and time slowed down. He was a beautiful person I have ever seen in my life; Miguel was the most attractive guy that I have ever seen. Tamera had already known him, so she introduced me to him. He is about 5'9, an inch taller than me and has an ivory bronze complexion. His hair is the color of ebony and wavier than an ocean on a stormy day. His exotic Salvadorian eyes are the color of milk chocolate with eyelashes so long they curl at the end. His nose is pointy, and his lips are lusciously rosy pink. He has a deep timber in his voice, and a smile that can make me feel like a million and one butterflies are racing in my tummy. His smile brightens up my day as the glorious sun does to a blooming sunflower. Miguel is a real gentleman. He is sweet, kind, caring, respectful, and trustworthy. A week before our homecoming dance, Miguel kindly asked me if he could walk with me. My heart pumped, and I could not believe that he wanted to walk me home. I could not catch my breath at the moment, but I calmly said, "Yes." While walking, I was looking...
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...Every school year, millions of students participate in school sports. Participating in school sports has grown from an estimate 4 million students playing a sport in the early 1970's to about 7.7 million in 2011. Unfortunately school principals, athletic directors and coaches cannot guarantee that students will remain accident free while participating in any sport. In today's litigious world, schools, and staff can be subject to a lawsuit. Over the past few decades, more tort cases have been filed. A tort concerns civil wrongs and address the duty, breach and injury sustained to one individual as a result of another's conduct. The premise is that a person who is injured could be able to recover something from the person who injured him or her. Usually, in a tort case, injured parties typically seek monetary damages. In an educational setting, tort law is the prevalent area of the law that subjects educators to personal liability. There are a variety of torts, which can basically be divided into three types of torts: (1) intentional torts, the intent to do harm to a person, (2) negligent torts, no intent to do harm to a person but to fail to exercise proper care and (3) strict liability, actions that causes damages regardless if the person is not at fault or negligent. Of the three categories, intentional and negligent torts tend to be more common types of tort actions in school sports settings. However, the vast majority of tort liabilities applicable...
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...------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- (------------------------------------------------ ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- To: Stephen Huffman ------------------------------------------------- Office Held: Ohio State Representative (District 80) ------------------------------------------------- From:...
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...Running Head: Right to Counsel Paper Right to Counsel Paper By: University of Phoenix Course: CJ364 Instructor: Darrick Kinchen Date: December 05, 2011 Right to Counsel Paper The right to counsel is a right that was largely developed in the 20th century; this right has become an expectation through many court cases. One also may enjoy the right to represent themselves in a criminal proceeding. In the following it will be discussed about the developments of these rights and additionally the role of an attorney in the criminal justice system will be discussed as it applies to the right to counsel. Zalman (2008) “The twentieth-century growth of urban populations and bureaucratic, multi-judge courts required that ad hoc methods of providing lawyers for indigents be replaced with more formal legal aid and defender systems. Some cities and states began to do this in the early twentieth century. But under the U.S. Constitution, there was no obligation in federal or state criminal trials that the government, which was prosecuting the defendant, had any obligation to ensure a fair trial by providing defense counsel. In 1932, the Supreme Court began to define the right to counsel.” In Powell V. Alabama this case set a benchmark for the right to counsel, as in before this case in 19322 there was never...
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...terminated employee is to receive a lump-sum cash payment equal to one month’s salary but only if the employee voluntarily signs a waiver of any right against Rump. The following additional facts are given: * The plan was approved on December 27, 2005 by Rump’s board of directors and Rump’s CEO, Ronald Rump. * The corporate restructuring plan identifies 100 employees to be terminated, the job classifications and locations of each employee to be terminated, and the expected completion date of January 31, 2006. * On December 31, 2005, each affected employee was e-mailed a summary of all the plan’s terms, which included the amount of severance benefits the employee would receive upon termination, subject to signing the litigation wavier by January 31, 2006. * Rump believes it is unlikely that significant changes will be made to the plan or that the plan will be withdrawn before its execution. * The plan allows employees to leave Rump at any time, but no later than January 31, 2006. The employees must sign the waiver no later than January 31, 2006. Identification of questions and alternatives Should Rump recognize a liability for expected employee termination benefits as of December 31, 2005? Conclusions and Authoritative Reasoning Rump should recognize the liability for expected employee termination benefits as of December 31, 2005 for all 100...
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...During the late 1800’s early 1900’s youth at one point were locked up with adult offenders, and those that were mentally ill. “Delinquent, neglected, and runaway children in the United States were treated in the same way as adult criminal offenders” (Siegel & Welsh, 2011). They were punished for minute offenses and some for non-criminal behavior simply because there was no other solution. “The adult criminal code applied to children, and no juvenile court existed” (Siegel & Welsh, 2011). Because of this Houses of Refuge were created. Houses of refuge were the early introduction to juvenile justice. A house of refuge was ‘the first institution designed to house poor, destitute and vagrant youth who were deemed by authorities to be on the path towards delinquency” (Center on Juvenile and Criminal Justice, 2013). They were created and designed by the child savers to target youth who showed signs of delinquent behavior. Houses of refuge were located in impoverished or urban areas. They eventually became overpopulated because it, like adult prisons, was housing delinquent juveniles with not form of rehabilitation. A new plan of action had to take place to correct this system. The top goal of the juvenile justice system is to prevent crime and by juveniles and rehabilitate those that were accused of offenses. The juvenile justice system began finding alternative ways to deal with deviant youth. In 1874 The Society for the prevention of cruelty to children or SPCC was created in...
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...employees that refuse to sign the litigation waiver will not receive any of the severance benefits. The employee will be terminated whether or not the waiver is signed. The following additional facts are given: 1. The plan was approved on December 27, 2005 by Rump’s board of directors and Rump’s CEO, Ronald Rump. 2. The corporate restructuring plan identifies 100 employees to be terminated, the job classifications and locations of each employee to be terminated, and the expected completion date of January 31, 2006. 3. On December 31, 2005, each affected employee was e-mailed a summary of all the plan’s terms, which included the amount of severance benefits the employee would receive upon termination, subject to signing the litigation wavier by January 31, 2006. 4. Rump believes it is unlikely that significant changes will be made to the plan or that the plan will be withdrawn before its execution. 5. The plan allows employees to leave Rump at any time, but no later than January 31, 2006. The employees must sign the waiver no later than January 31, 2006. Identification of Issues...
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...Miranda. Ernesto Miranda was arrested in a serious criminal case, it involved the kidnapping and rape of a young women. His arrest was based on generally circumstantial evidence, without any clear proof. Police investigators decided to interrogate Miranda in order to ascertain the facts of the matter. Evidence in the case indicates that under police interrogation, Miranda confessed to the charges against him. A written statement was drawn up, which had included waivers in which Miranda attested that he was not coerced and that he understood his legal rights. Miranda signed this document, providing clear means for any prosecution to secure his conviction in a court of law. Important to the legal challenge is the fact that, despite this wavier, Miranda was never actually told he...
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