proximate cause of her 10 year daughter’s diagnosis of leukemia. Risks The threat of a lawsuit presents many risks to the well-being of Alumina. As the main threat is responsibility of negligence on the part of Alumina, there are also some subsequent torts that Alumina may be presented. If Alumina is not smart about how they go about handling the accusations of Ms Bates, they run the risk of making an already stressful and embarrassing situation even worse. As the simulation begins, the
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evidence to be admissible in court? Explain how evidence can be excluded (exclusionary rules) What are the types of privileged evidence? -Torts What is a tort? Name the different types of torts What happened in the McDonalds story discussed in class? Explain Intentional Torts: Battery, Assault, Mental Distress Explain what elements are required for a tort to be negligent What is professional negligence? What are defenses to negligence? Compare and contrast Contributory Negligence and Comparative
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Chapter 1 Today’s Business Environment: Law and Ethics 1. Which of these issues may impact a company’s operations? a. international issues b. political issues c. ethical issues d. legal issues e. all of these issues can impact operations ANSWER: e (page 3-4) National: AACSB Analytic; Diversity; AICPA BB-Legal 2. Which area of law is most likely to impact directly the finance and accounting departments of
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Crime and Punishment: A Dissection of its Various Elements. “The true measure of crimes is the harm done to society” – Cesare Beccaria. Crime as a concept and its origin There is no easy definition for what denotes a crime. Any theory on criminal law has to answer two questions – ‘What acts should be punished?’ and ‘To what extent can it be punished?’ Glanville Williams, admitting the impossibility of a workable content based definition of a crime, points out that the definition of crime
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Assignment 1- The court structure In this assessment, I will describe the hierarchy of the civil courts, the criminal court and the differences between the two hierarchies. The purpose of this article is to inform the readers about the court structure and role of the different courts. A diagram of the court structure Supreme Court- this is the highest judicial court in a country or state. Court of appeal- the court of appeal is a court of law that hears appeals against both civil and criminal
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AT WILL Either party may terminate the employment relationship at any time and for any reason (unless doing so would violate provisions of an employment contract) o Exceptions: Contract theory- implied employment contract Tort theory- emotional distress, defamation Public policy- whistleblowing o Wrongful discharge- violation of an employment contract/statute protecting employees • WAGE/HOUR LAWS Fair labor standards act- minimum wage & overtime pay (1.5 times regular pay) o Child
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LAW OF TORT W/C: 4/3/2013 DAMAGES 1a) why is an award of exemplary damages controversial and when may it be made? * They are controversial as they are used punitively with the intention of punishing the defendant- a lot of people feel that the punitive function should be performed by criminal, not civil law; * Statute and precedent prevented their abolishment; * Three categories of exemplary damages were identified in Cassell & Ltd v Broome [1972]: 1. Conduct calculated
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5. The Key Study Areas are as follows….. * TCO A -Business ethics: Three layers of Business ethics: * 1) Basic values (honest, keeping promises) * 2) Notion of fairness (how do we treat others?) * 3) Issues related to community, environment, neighbors Business ethics considers fairness and morals standards amidst the pressure of earning a profit and providing returns to shareholders. Sometimes we may have business ethical tensions where Employee has personal economic
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Scenario 1 Quarterback vs Opposing Player The tort actions caused by the opposing player during the football game were intentional. The reason is because the opposing player did try to tackle the quarterback. The plaintiff in this case would be the quarterback. The opposing player would be the defendant because he is the person who intentionally tried to hit or tackle the quarterback. The quarterback has the right to sue the opposing player because the hit was an intentional battery. This
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``This paper will discuss Case Example A. Elaine was fired by Jerry after being employed for two months. Elaine is suing Jerry to get her job back. Shortly after Elaine was fired, Jerry hired a man name Kramer who has less education than Elaine. Elaine was discharged with no reason because she was an at-will employee. Elaine needs to figure out what the legal facts are behind her discharge. The main fact that needs to be proven is whether or not Elaine was wrongfully discharged. Elaine can
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