...circumstances. Flexibility would only make the system vulnerable. 3. Are our laws fair? * There are, of course, abuses and mistakes by judges and juries, and procedural mishaps occasionally tip the scales of justice in the wrong direction. Sometimes—as in George McGovern’s case—innocent parties are forced to bear the cost of defending themselves in court. On the whole, however, the U.S. legal system is remarkably fair. 4. Do people consider laws fair? * I think most of the people consider that a United States law is not fair. 5. In the United States legal decisions are based on the rule of law. What is the rule of law? * Predictability and Fairness. How do we know what’s legally “fair” and what isn’t? Granted, depending on who’s enforcing the rules of the game, just about anything can be “fair” and just about anything can be “foul.” Legal tradition in the United States, however, rests on the principle of the rule of law—the principle by which government legitimately exercises its authority only in accordance with publicly declared laws that are...
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...and Jose will be constituted as the general partnership, whereas Miriam would be known as partnership by estoppel. An estoppel is classified as one who is not permitted to deny the partnership. Control in a general partnership is based on the agreement by all partners. A general partnership only has one level of taxation, and is considered a tax-reporting entity and not a tax-paying entity. The profits that will be acquired from the sports bar and restaurant, each partner will be granted their share. Since each individual gets their amount as agreed upon, it goes into an individual account meaning that each need to report their earnings on tax forms individually. The liability that exists in a general partnership include unlimited personal liability. Each partner in a general partnership is liable for maintaining the partnership’s obligations. In the event of a law suit, joint partnership is sued as a group, and several liability individual partners are sued. There are three main rules that apply to a general partnership; each partner is liable for their own actions, actions...
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...According to the readings done throughout this course, the most popular model for a professional-client relationship is the fiduciary; however, in some instances a paternalistic approach is regarded as the appropriate model. I hope to explain exactly what each type of relationship is as well as the benefits and shortcomings of each relationship type throughout the course of this paper. Next, I will show why the fiduciary is thought to be the best type of relationship model. As well as, how and when the paternalistic approach should be considered. In life, not all things are black and white. When it comes time to deal with situations in a gray area, having knowledge of these two types of professional-client relationships will certainly reveal themselves as being necessary. Each model follows specific guidelines that allow for both the client and the professional to firmly understand what role they play in a professional-client relationship. Starting with the fiduciary, Bayles (1981: p. 68) says it is a relationship, “in which the professional’s superior knowledge is recognized, but the client remains a significant authority in the decision making process.” In this relationship, trust becomes a huge factor. The client, lacking the knowledge of professionals, is less capable of making a good decision on their own. He or she must be willing to trust that the professional has done everything within his or her power and knowledge to present only the best options to the client. This...
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...DUTIES TO CLIENT Fiduciary Duty Attorney Must place the client’s interests above their own for representation and must treat the client fairly. Duty of Loyalty Attorney must pursue clients objectives unfettered by conflicting responsibilities or interests Duty of Diligence Attorney must pursue clients interests without undue delay Duty of Competence Attorney must give client competent representation legal knowledge, skill thoroughness and preparation Duty of Confidentiality from the 6th Amendment Right to Effective Counsel Duty of Confidentiality versus Attorney-Client Privilege The Attorney Client privilege is a shield in evidence which protects all documents created for the client during discovery....if a third party is present the privilege is lost. Work-Product Doctrine this extends to memorializations of conversations with 3rd parties, but not the actual conversations themselves. Anything produced/recorded in the process of and bearing on the legal representation of a client is protected (e.g. interviews, artifacts, documents, mental impressions...meaning ideas/thoughts, etc) POLICY: We want attorneys to record their impressions so they can have more sophisticated representation, therefore we protect it. BUT, if your opponent can show a substantial need for the material AND they show that they cannot get it in any other way....then you have to hand it over. The attorney-client privilege is thus stronger than work product (because WP can be...
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...Is the American Dream still alive? Most people seem to think so, and those who do ask themselves, can everyone get that Dream for themselves? I believe that the American Dream is still alive and I think only some can achieve it. There’s many hurdles in life that people face and for some those hurdles are huge to what others face. Some people are born dirt poor, others with disabilities, some are left without a family to help raise them or support them, and the most common is that they have parents who don’t care or push them to be better. So how are we supposed to expect everyone who’s born with those great disadvantages to make it in life, we can’t and that's the truth. Successful people come from all type of social classes, JD Vance being one of those lucky few who made it out of his poverty stricken youth and is now a...
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...History of Ethics: 1908 – Canon of Ethics 1969-70 Model Code 3 parts: 1. ethical considerations → what lawyers should do. 2. disciplinary rules → what lawyers must do. good 3. BAR _______________ acceptable set minimum conduct bad 1983 – Model Rules – most states follow. Set forth rules & comments akin to DR (set forth minimum conduct acceptable) 2000 – Ethics 2000 Commission ▪ California Rules of Professional Conduct – the only state to reject the ABA’s model rules or code. ▪ Ethics are governed by the highest court in the profession, not the legislature ▪ Vast majority of states, state bars (looking to ABA rules, not CA though) come up with the rules. 1. Licensing and Bar Admissions ▪ Regulated by the states. Most jurisdictions have chosen to test as a means of acceptance to the bar. ▪ Residency Requirement: 1. Out of State Residents - May the state discriminate against who gets into the BAR on the basis of residency? No. Supreme Ct v. Piper – woman applied to NH bar, lives 400 yards from NH border & application denied. Piper was admitted despite the state’s claims that non-residents were less likely to be familiar w/ local rules, lawyers not living in NH can’t be trusted, and out of state lawyers are less available for in state proceedings. Rule: State bar cannot discriminate on the basis of residency. 2. Geographical Restriction – some states permit waiver of the bar exam – ex: if...
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...Question 1: Discuss vicarious liability and cyber-liability Vicarious liability is the principle of law that holds one party liable for the acts or inactions of another (Beyer, 2006). The concept means that a party maybe held responsible for injury or damage even when he or she was not actively involved in the incident. Under the specific type of fault required or complicity rule, vicarious liability will only be found if the employer authorized or ratified the conduct or the manner in which the particular task was performed or empowered the employee for example by making him or her a manager or recklessly hired or retained an employee that was unfit for the particular job. The existence of vicarious liability can be justified on both legal or policy grounds and organizational management grounds. There are reasons for the application of vicarious liability in legal or policy. First reason is the wrongful act of the employee are so closely related to their duties that they can be properly and fairly regarded as being within the course of employment. Second there is the business risk rationale, that it is an inevitable part of commercial life that agents and employees may act beyond their authority and instructions causing damage to a third party. Employers have calculated and accepted this risk thus incurring legal liability. Given that an employer generally benefits from the work undertaken by its employees it is not unreasonable that it also bear any losses that those activities...
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...10 Things Happy People Do Differently 10 strategies happy people incorporate into their lives Published on October 16, 2012 by Paula Davis-Laack, J.D., M.A.P.P. in Pressure Proof Happiness is having a large, caring, close-knit family in another city. George Burns How happy are you and why? This is a question I spend a fair amount of time thinking about, not only as it applies to my own levels of happiness, but also as it applies to my family, friends, and the people who I work with. Since graduating with my master’s degree in positive psychology, I’ve worked with and observed thousands of people in a wide variety of settings, and happy people just flow with the groove of life in a unique way. Here is what they do differently: 1) They build a strong social fabric. Happy people stay connected to their families, neighbors, places of worship, and communities. These strong connections act as a buffer to depression and create strong, meaningful connections. The rate of depression has increased dramatically in the last 50-75 years. The World Health Organization predicts that by 2020, depression will be the second leading cause of mortality in the world, impacting nearly one-third of all adults (Murray & Lopez, 1996). While several forces are likely behind this increase, one of the most important factors may be the disconnection from people and their families and communities. Related Articles Choosing the Object of Your Devotion Happiness Depends Upon Close Relations The...
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...questions emerge about the juvenile's parents and what role they played (or should have played) in their child's life. Parental responsibility laws, varying greatly within and among the states, have appeared as one answer to these questions. Although these laws would seem to garner great public support under the new punitive attitude toward juveniles, no recent empirical studies have been conducted to determine if the public believes that parents should be held responsible and punished for their children's crimes. This dissertation organizes the different forms of parental responsibility laws into three separate categories. The first category is the civil liability imposed on parents when their children damage someone's property or inflict personal injury. The second category is the “contributing to the delinquency of a minor” statutes that apply to parents or other adults who encourage a juvenile in some way to break the law. The third category is the most broad because it encompasses the parental responsibility laws that encourage or require the parents to become involved in their child's delinquency case. Through a series of three empirical studies, public support of parental responsibility and punishment were examined. Contrary to expectations, public support was relatively low. Overall, demographic...
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...HEALTH CARE Introduction Health care (or healthcare) is the diagnosis, treatment, and prevention of disease, illness, injury, and other physical and mental impairments in humans. Health is delivered by practitioners in allied health, dentistry, medicine, nursing, optometry, pharmacy and other care providers. It refers to the work done in providing primary care, secondary care, and tertiary care, as well as in public health. Access to health care varies across countries, groups and individuals, largely influenced by social and economic conditions as well as the health policies in place. Countries and jurisdictions have different policies and plans in relation to the personal and population-based health care goals within their societies. Health care systems are organizations established to meet the health needs of target populations. Their exact configuration varies from country to country. In some countries and jurisdictions, health care planning is distributed among market participants, whereas in others planning is made more centrally among governments or other coordinating bodies. In all cases, according to the World Health Organization (WHO), a well-functioning health care system requires a robust financing mechanism; a well-trained and adequately-paid workforce; reliable information on which to base decisions and policies; and well maintained facilities and logistics to deliver quality medicines and technologies. The delivery of modern health care depends on groups of...
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...ADMS 3660 MIDTERM NOTES Chapter 1 and Parable of the Sandhu Case * Watched video on Disney and how they treat employees, work is a performance etc. * Ethics is the study of morality * Morality refers to the standards that an individual or group has about what is right/wrong, good/evil. * Business Ethics concentrates on moral standards as they apply to business policies, institutions, and behaviour * Corporate Social Responsibility refers specifically to a description and moral evaluation of the impact than an organization has on society * Ethics can be a business constraint “ethics costs” but also an advantage “ethics pays” 1970 – 1985: Rise of business ethics (academia) 1985 – 1995: Ethics into firms 1995 – 2000: Internationalization 2000 – 2012: Corporate Scandals and government regulation * Ethics Scandal Costs: Fines, lawsuits, prison, investor losses, bankruptcies, unemployment, and increased regulation * Market Morality: Will everyone invest their money as agreed or will greed effect them? * Parable of the Sandhu Ethics vs. the law Unclear over moral responsibility Easier to say what is morally right than to do it * Employees value health and safety ethics Consumers value product safety Shareholders want return on investment Need to look at environment * Macroenvironment: social, economic, political, technological factors * Our society is pluralistic in nature * Pluralism: there is diffusion of...
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...RMIT COMMERCIAL LAW [pic] Weekly Case-studies for Small Group Seminars Semester 1, 2012 Week 2 case study Deciding what legislation means Case-study: The toxic waste Late in the afternoon on 1 December 2009 Alex Demetriou, who owns a waste removal business, collects a truckload of contaminated soil from excavations at a building site in Melbourne. He drives the full truck back to his company’s yard in Werribee. He leaves it parked there overnight, intending to drive it to a remote dump the next day. A municipal inspector sees the truck in the yard and discovers that the soil in the truck is toxic waste. The inspector tells Alex that the law forbids storing such materials near a river or river bed without a special permit. Alex admits that the soil is contaminated and says that he cannot produce a permit. The Werribee River is three kilometres from the haulage company’s yard. The inspector makes a report to the Police, who charge Alex with a breach of s 3 of an Act called the Contamination Avoidance Act. Alex is given the option of admitting guilt and paying a fine of $1,000. Otherwise, he will have to defend the charge in court. Alex asks for your advice. He admits the soil was left in the yard, but says it was only left there overnight and that he always intended to move it the next day. He says that, in these circumstances, he does not...
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...Lavery. "She said, 'Somehow it reminded me of you. You really ought to see it,'" Lewis recalled. Lewis asked Betty what the play was about, and Betty said that one of the characters was a psychiatrist who studied serial killers. "And I told her, 'I need to see that as much as I need to go to the moon.'" Lewis has studied serial killers for the past twenty-five years. With her collaborator, the neurologist Jonathan Pincus, she has published a great many research papers, showing that serial killers tend to suffer from predictable patterns of psychological, physical, and neurological dysfunction: that they were almost all the victims of harrowing physical and sexual abuse as children, and that almost all of them have suffered some kind of brain injury or mental illness. In 1998, she published a memoir of her life and work entitled "Guilty by Reason of Insanity." She was the last person to visit Ted Bundy before he went to the electric chair. Few people in the world have spent as much time thinking about serial killers as Dorothy Lewis, so when her friend Betty told her that she needed to see "Frozen" it struck her as a busman's holiday. But the calls kept coming. "Frozen" was winning raves on Broadway, and it had been nominated for a Tony. Whenever someone who knew Dorothy Lewis saw it, they would tell her that she really ought to see it, too. In June, she got a call from a woman at the theatre where "Frozen" was playing. "She said she'd heard that I work in this field, and that I see...
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...varied, but equal contributions to the overall project and report. We are grateful to Status of Women Canada for funding this project and for the continued sponsorship of the Ontario Coalition of Rape Crisis Centres. We also thank the members of our Advisory Committee for pushing and challenging us throughout this project. We thank the women who facilitated focus groups and helped us contact the women in this study. Finally, this report would not be possible without the contributions of the women who told us about their experiences. © 2004 Centre for Research on Violence Against Women and Children ISBN# 0-9688655-3-4 1 “To understand violence, we have to examine both the personal experience and the terrain of that experience.” Dr. Yasmin Jiawani This report is built on the personal experiences of women who have experienced workplace harassment, but their stories are also about the “terrain” or the context of those experiences. In drawing out the commonalities of their experiences, we have begun to shed light on the terrain. We must transform the terrain if women are to have equality and safety in their workplaces. 2 We dedicate this report to Theresa Vince whose death in 1996 changed the views of many people in Ontario about sexual and workplace harassment. Her tragic and untimely death showed us that workplace harassment can no longer be easily dismissed as a trivial problem. Fundamentally, the goal of this report is to prevent any other woman...
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...Content A fraternity (Latin frater : "brother") is a brotherhood, although the term sometimes connotes a distinct or formal organization and sometimes a secret society. A fraternity (or fraternal organization) is an organized society of men associated together in an environment of companionship and brotherhood; dedicated to the intellectual, physical, and social development of its members. History There are known fraternal organizations which existed as far back as ancient Greece and in the Mithraic Mysteries of ancient Rome. Analogous institutions developed in the late medieval period called confraternities, which were lay organizations allied to the Catholic Church. Some were groups of men and women who were endeavoring to ally themselves more closely with the prayer and activity of the Church; Others were groups of tradesmen, which are more commonly referred to as guilds. These later confraternities evolved into purely secular fraternal societies, while the ones with religious goals continue to be the format of the modern Third Orders affiliated with the mendicant orders. The development of modern fraternal orders was especially dynamic in the United States, where the freedom to associate outside governmental regulation is expressly sanctioned in law. There have been hundreds of fraternal organizations in the United States, and at the beginning of the 20th century the number of memberships equaled the number of adult males. (Due to multiple memberships, probably only 50%...
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