...pg 199 public comments period. Pg 190 -One of the purposes for publishing proposed rules is to allow the public an opportunity to review and provide input on the proposed rules. The period during which the agency accepts comments on the rule standing equal protection violation of 24th Amendment unlawful poll tax violation of the 14th Amendment discrimination First Amendment. 2. Unauthorized appropriation is a privacy tort – using someone's name, likeness, or voice for commercial advantage without his or her permission. The Midler case specifically used the California law of appropriation to decide the case. In order to sue for palming off, the owners would need to show that the product would create consumer confusion. On page 520, the author of the textbook uses the example of DeBiers instead of DeBeers (diamonds) as a “potentially confusing” name. Palming off, one of the oldest unfair methods of competition, occurs when one company sells its product by leading buyers to believe it is really another com- pany’s product The tort of misappropriation is a form of protection for a business whose trade...
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...SEMINAR ON LEGAL CONSIDERATIONS Submitted by, TANIA M. JAMES Submitted on, 01- 11-2012 INDEX S.NO | TOPICS | PAGE.NO | 1. | OBJECTIVES | | 2 | INTRODUCTION | | 3 | DEFINITION OF LAW | | 4. | SOURCES OF LAW | | 5 | TYPES OF LAW | | 6 | SELECTED CATEGORIES OF LAW AFFECTING NURSES | | 7 | SELECTED LEGAL ASPECTS OF NURSING PRACTICE | | | COMPONENTS AND CHARACTERISTICS OF THE LEGAL PROCESS | | 8 | LEGAL PROTECTIONS IN NURSING PRACTICE | | 9 | | | 10 | NURSING PRACTICE AND THE LAW | | 11 | LEGAL ISSUES IN PRACTICE | | 12 | NURSE–CLIENT RELATIONSHIP | | 13 | LEGAL ROLES OF NURSES | | | SUMMARY | | | CONCLUSION | | | RESEARCH ABSTRACT | | 14 | BIBLIOGRAPHY | | OBJECTIVES * To introduce legal considerations * To define law * To understand sources of law * To list out the types of law * To explain the selected legal aspects of nursing practice * To understand the components and characteristics of the legal process * To explain the regulation of nursing practice * To enumerate standards of nursing care * To describeselected legal aspects of nursing practice * To explainlegal protections in nursing practice * To describe nursing practice and the law * To describe legal issues in practice * To explain nurse–client relationship * To list out the guidelines for safe nursing practice * To formulatelegal...
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...Question 1 After a judgment is entered in favor of plaintiff, what may the plaintiff seek if the defendant refuses to pay? |Answer |a. |a writ of certiorari | | |b. |a writ of rejoinder | | |c. |a writ of habeas corpus | | |d. |a writ of execution | | |e. |a writ of remuneration | 2 points Question 2 After a judgment is entered in favor of plaintiff, what may the plaintiff seek if the defendant refuses to pay? |Answer |a. |a writ of certiorari | | |b. |a writ of habeas corpus | | |c. |a writ of rejoinder | | |d. |a writ of payment | | |e. |none of the other choices | 2 points Question 3 A court order to an official, such as the sheriff, to seize the property of the defendant to satisfy a judgment is known as a: |Answer |a. |writ of certiorari | | |b. |writ of law | | |c. |writ of execution | | |d. |writ of rejoinder | | |e. |writ of payment | 2 points Question 4 A court order for a certain amount of a debtor's paycheck to be paid on a regular basis to the winner of a court judgment is called: |Answer |a. |writ...
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...CHAPTER 1 “LEGAL FOUNDATIONS” Administrative law is the body of law that governs the activities of administrative agencies of government. Clean hands doctrine a rule of law that a person coming to court with a lawsuit or petition for a court order must be free from unfair conduct (have "clean hands" or not have done anything wrong) in regard to the subject matter of his/her claim. Common law is based on precedent (legal principles developed in earlier case law) instead of statutory laws. It is the traditional law of an area or region created by judges when deciding individual disputes or cases. Constitutional law – a body of law dealing with the distribution and exercise of government power. Criminal Law versus Civil Law – Civil * between you and another citizen (no government involved); * disagreements between citizens were no crime has been committed (only e.g. injury); * designed to compensate parties (including businesses) for losses as a result of another conduct ; * e.g. speeding and parking violations; * don’t result in loss of freedom, though they can result in loss of privileges or fines. Criminal * between you and the government/law; * are a protection of society; * Congress and House of Representatives are involved; * When the individuals break the laws/are against the government; * actions that have been declared illegal; * they are prosecuted by the state (city, state or country); * normally punished with...
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...Constitutional Law- Supremacy Clause- “This Constitution, and the laws of the United States which shall be made in pursuance thereof…… shall be the Supreme law of the Land; and the Judges in every state shall be bound thereby …..” Article VI Judicial Review- U.S. Constitution doesn’t provide that federal courts can declare a statute unconstitutional and void, but they can./Marbury v. Madison, 1803 introduced judicial review Activism v. Restraint- Over time, not a liberal vs. conservative issue.In the early days of the New Deal, judicial activism was responsible for striking down progressive measures. Originalism v. Living- When interpreting the Constitution, ask what the people who wrote it – or wrote the amendments – understood the provisions to mean. VS. To interpret the Constitution look to the language in the document and the understanding of the framers, but do so in light of the long history of common law which preceded and followed it. That gives you a mechanism for applying the document to situations which could never have been envisioned when the Constitution was written. Public v. Private Action- Companies and individuals can’t deprive you of your Constitutional rights, only a govt can. Commerce Clause- “The Congress shall have Power ……… To regulate Commerce with foreign Nations, and among the several States …….”Article 1, Section 8 Affordable Healthcare Act- Nat. Fed. of Independent Businesses v. Sibelius (2012)/Focus: The individual mandate – a requirement...
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...Fundamentals of Law for Health Informatics and Information Management Second Edition Check Your Understanding Chapter Answers CHAPTER 1 Check Your Understanding 1.1 1. A hybrid record is refers to record that is totally electronic. False 2. An electronic health record can be managed across more than one healthcare organization. True 3. Confidentiality refers to the right to be left alone. False 4. HITECH widens the scope of privacy and security protections under HIPAA. True 5. Privileged communication is a legal concept designed to protect the communication between two parties. True Check Your Understanding 1.2 1. Ownership of a health record generated by a doctor on a patient belongs to the patient. False 2. A custodian of records is responsible for certifying that a record is what it purports to be. True 3. When a patient refuses treatment he or she is exercising the ethical principle of beneficence. False 4. In a malpractice case, a professional code of ethics may be used as a benchmark for what should be acceptable practice by a healthcare professional. True 5. The ethical principle of nonmaleficence refers to making sure rules are fairly and consistently applied to all. False CHAPTER 2 Check Your Understanding 2.1 1. Private law defines rights and duties between individuals and the government. False 2. Statutes are enacted by legislative bodies. True 3. Administrative law is created by court...
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...How to Fire an Employee… Without Getting Burned February 14, 2013 Legal Editor: Mike Jacobson Twitter: @HRTerminator michael.jacobson@reedbusiness.com XpertHR • Practical guidance for HR professionals helping you: – Comply with complex and changing employment law across all jurisdictions – Reduce risk of fines from violations – Save time by finding trusted answers in one place Why is this important? • 2007 study by Jury Verdicts Research indicates that lawsuits by employees are up 400% in the past 20 years. • Recession. • Information Services. • As of 2009, there were, on average, 6.5 claims for every 1,000 employees, every year. Five most popular employment law search topics on findlaw.com: “losing a job,” “compensation” “discrimination and harassment” “wrongful termination” and “family & medical leave act.” “Ya fiyad.” “But, umm. Please don’t sue me?” Poll Question Have you ever fired an employee who later sued your company? • I’ve fired employees, but my company has never been sued. • I’ve fired employees and my company has been sued. • I’ve never fired an employee. Bet your bottom dollar… • $50,000-150,000 – cost range of defending an employer through trial. • $25,000 - 75,000 – cost range of defending an employer up to the summary judgment stage. – If an employee can prove the absolute minimum to bring a case against the employer, it may cost the employer ~$50,000 to have a CHANCE to win a frivolous case. – And if they lose the motion, that’s...
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...company by deceptive or dishonest means. While incidence of fraud is estimated to be low, it remains an area of great concern for insurers. Losses Due To Fraud As with most crimes, it is impossible to accurately gauge losses to fraud because only that which is detected is measurable, and the typical suggestion is that the "true" value may be significantly greater than the measurable value. With that in mind, it is (gu)estimated that 10% of insurance payments are attributable to fraud - which is again an entirely arbitrary number - and the cost of losses are ultimately borne by the consumers who pay insurance premiums. I have thus far found no source that expresses the actual (detected) fraud as a percentage of insurance claims. Tort vs. Crime vs. Moral Imperative Insurance fraud is clearly a civil offense: it is a misrepresentation that seeks to exploit a contract between private parties. However, because payments made on fraudulent claims raise the premiums paid by all insured individuals, insurance fraud is often treated as a criminal offense as well. The crime of insurance fraud is defined and prosecuted on the state level. There is only one clause in federal law that addresses the topic of fraud, but this pertains exclusively to federal healthcare benefits programs. Insurance fraud is classified as a criminal offense in 48 states (the exceptions being Oregon and Virginia), and 41 states have a separate law enforcement agency dedicated to fraud prosecution. ...
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...flexability (Ex: Brown vs Board of Education – society changed) DUE PROCESS: “fairness” 1. You and I are entitled to notice of legal proceedings against us 2. Everyone is entitled to their day in court, and opportunity to tell their side of the story. 3. The defendant must have minimum contacts with the forum state before you can sue him there. FORUM STATE: The state in which you have been sued. PLANTIFF: Starts the process by filing a lawsuit DEFENDANT: allegedly has done something wrong CONNECTIONS TO THE FORUM STATE: 1. Residency – where you live with the intent to remain permenantly (domicile- where you live temporarily) 2. You own land in the forum state. 3. You are doing business in the forum state. 4. You commit a tort (civil wrong) 5. Opperating a motor vehicle in the forum state. REMEDIES: “legal solutions” 1. Monetary- money damages * compencitory: make you whole or fix you * punative damages: to punish so hard financially * nominal: insignificant, small in amount, technically wronged but no damage 2. Equitable- non-monetary damages * injunction: court order to do or stop doing something; contempt of court * specific performance: a special...
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...Week 1: Business Ethics and International Responsibility - Lecture Introduction to Ethics and International Law Introduction | Business Ethics | Social Responsibility | Ethical Dilemma Resolution Models | Video – Business Ethics: An Oxymoron? | Practice Quiz | | Introduction | | The E in Enron definitely did not stand for ethics, but Enron and its contemporaries like Arthur Andersen, Tyco, and WorldCom altered the lives of thousands of people and shaped new laws regulating business. All topics covered in this course, from product liability to civil rights, from intellectual property rights to antitrust and consumer protection, will all make the same point. My goal is not to instruct a basic business law course but rather to create a dialogue involving questions and issues that each of our respective businesses must navigate successfully if they are ultimately to maximize stakeholder value. We will do this during Week 1 by covering our two most important TCOs: A and I. These will be foundational for the term. As TCO A is our ethics TCO and TCO I is our international TCO, note that both of these TCOs will be important under and inside each of our topical TCOs (e.g., contracts, environmental law, employment law, etc.) | | Business Ethics | | As we move through the course, each learned TCO should remain in the back of your mind. We will build on them while learning the law. As you will find, most of the TCO A ethical strategies include as a first question...
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...http://0-www.lexisnexis.com.library.ggu.edu/lnacui2api/delivery/Print... 1 of 1 DOCUMENT MATTCO FORGE, INC., Plaintiff and Respondent; MATEO MINGUEZ, Plaintiff and Appellant, v. ARTHUR YOUNG & COMPANY et al., Defendants and Appellants. No. B087488. COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE 52 Cal. App. 4th 820; 60 Cal. Rptr. 2d 780; 1997 Cal. App. LEXIS 89; 97 Cal. Daily Op. Service 948; 97 Daily Journal DAR 1354 February 7, 1997, Decided SUBSEQUENT HISTORY: [***1] The Name of this Case has been Corrected February 26, 1997. Review Denied April 30, 1997, Reported at: 1997 Cal. LEXIS 2448. PRIOR HISTORY: APPEAL from a judgment of the Superior Court of Los Angeles County. Super. Ct. No. C731746. Dion G. Morrow, Judge. DISPOSITION: The judgment is reversed as to Mattco's award of damages, except the portion that awarded Mattco out-ofpocket-expenses and interest thereon, which is affirmed. CASE SUMMARY: PROCEDURAL POSTURE: Appellant accounting firm sought review of the judgment from the Superior Court of Los Angeles County (California), which found in favor of respondent client in jury verdicts on respondent's malpractice action following the trial court's ruling that to establish liability and damages respondent needed to show only that appellant caused respondent to suffer harm and that respondent's underlying action had value. OVERVIEW: Respondent client filed a malpractice suit against appellant accounting firm, alleging...
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...1/13/16 The Basics of the Legal System – Chapters 1 & 4 Sources of Law in the U.S 1. The Constitution * The U.S. Constitution is the supreme law of the land * The U.S Constitution establishes the federal government and enumerates its powers * The body of the constitution * Creates the three branches of government and grants certain powers to each branch * The amendments to the constitution * Protect individual rights by putting limitations on the governments ability to act in certain ways * Amendments protect the government, not private individuals The Legislative Branch * Created by Article 1 of the Constitution * House of Representative * Senate * Responsible for the creation of new laws * Congress is generally responsible for where the money comes from and where the money is spent * All statutes start as BILLS * Bills must be passed by both the House and the Senate * Bills that pass both houses must be signed into law by the president or.. * The president can VETO the bill * If signed by the president the Bill becomes a STATUTE 2. Statues, Codes and Ordinances * Statutes are enacted by Congress and state legislatures * Ordinances are enacted by municipalities and local government agencies * Code = Codified Law = Statute The Executive Branch * Created by Article 2 of the Constitution * President * Vice President * Cabinet Members * Responsible...
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...Chapter 1 Introduction to Law and Legal Reasoning TRUE/FALSE QUESTIONS A1. The stability and predictability of the law is essential to business activities. B1. An important function of the law is to provide jurisprudence. A2. Law is a body of enforceable rules governing relationships among individuals and between individuals and their society. B2. How judges apply the law to specific disputes may depend in part on their personal philosophical views. A3. The basis for the U.S. legal system is natural law. B3. A judge’s view of the law is of little importance in a common law legal system. A4. Constitutional law includes only the U.S. Constitution. B4. Congress can only pass legislation that falls within the limits set up by the U.S. Constitution. A5. A state constitution is supreme within the state’s borders. B5. The U.S. Constitution is the supreme law of the United States. A6. Whether a law is constitutional depends on its source. B6. Each state has its own constitution. A7. Uniform laws apply in all states, including those in which the laws have not been adopted. B7. The Federal Trade Commission developed the Uniform Commercial Code. A8. A state law that conflicts with the U.S. Constitution will be deemed unconstitutional. B8. State agency regulations take precedence over conflicting federal...
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...THE LIABILITY OF INTERNET SERVICE PROVIDERS FOR UNLAWFUL CONTENT POSTED BY THIRD PARTIES N.D. O’BRIEN 2010 THE LIABILITY OF INTERNET SERVICE PROVIDERS FOR UNLAWFUL CONTENT POSTED BY THIRD PARTIES By N.D. O’BRIEN Submitted in fulfilment of the requirements for the degree of MAGISTER LEGUM in the Faculty of Law at the Nelson Mandela Metropolitan University January 2010 Supervisor: Prof F. Marx PREFACE I would like to extend my thanks to the following people: To my parents and Emma Taggart for their help, encouragement, sacrifice and support; To my supervisor, Prof Marx, for his assistance and guidance; To Dawn Prinsloo, at the NMMU Library, for providing me with her time and guidance; To Ms. Fourie, the Law Faculty Officer, for her always prompt and friendly assistance; To Mr. Ant Brooks and the Internet Service Provider Association, for providing me with a variety of interesting information and insights. Without their invaluable assistance I would not have been able to have completed this work. i SUMMARY Internet Service Providers (ISP’s) are crucial to the operation and development of the Internet. However, through the performance of their basic functions, they faced the great risk of civil and criminal liability for unlawful content posted by third parties. As this risk threatened the potential of the Internet, various jurisdictions opted to promulgate legislation that granted ISP’s safe harbours from liability. The South African (RSA)...
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...something that you carry around. The last time you sang at a karaoke bar someone may have asked you to be “brief,” but instinctively you know that that is not the kind of brief that is being discussed here. And you may even be wearing “briefs.” But, what is a brief of a case? For that matter, what is a case? The purpose of this article is to teach exactly what briefs are, why they are important, and how to draft them. You will learn most of the various ways to brief a case, the basic elements of each brief, and how briefs are used in various contexts. Additionally, you will read sample cases and briefs of those cases in every format. By the time you finish reading this, you will be so sick of briefs, that you will wish this writing were much briefer! So, now let’s get down to business. What is a case? A “case” starts out as a lawsuit between two or more people. The parties to the lawsuit have a trial and one party wins while the other loses (or possibly there is no trial but one of the parties wins because of a decision based on legal procedure). Next, the party who lost the case gets angry and bitter. So, he or she decides to file an appeal. An appeal is a request that a “higher court” [“™”] examine what was done in the trial court to make sure that no legal errors were committed. (The “higher court” is usually referred to as an appellate court....
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