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Civil Liability of Security Personnel
Current statistics reveal that private security personnel are twice the number of public law enforcers (Moore, 1987). Of utmost consideration is that these private security personnel are put in charge of, and authorized to, protect the lives and property of customers. They need to realize the magnitude of this responsibility. And without adequate training, that realization is hardly possible. They are not law enforcers or peace officers who fall under the same rules and regulations imposed on, and followed by, public police (Moore).
Sadly, most of these private security officers do not have qualified training or have very little of it (Moore, 1987). Yet they respond to situations with unreasonable or extreme force. While public police officers enjoy some protection from the Constitution, private security personnel can be subject to civil action for undue acts. Civil action can exact them to compensate their victims…… [Read More]
The issue of the use of force and civil liability amongst police officers has been the subject of debate for many ears. The odney King trial and subsequent riots brought a great deal of attention to the excessive use of force and the justice system. In the years since the odney King case, there have been many incidents of excessive force.
The use of force and civil liability is problematic for citizens, victims of brutality, the police and other public officials. It is important to understand that the problem does not arise as a derivative of "the use of force" but rather it is the "excessive use of force" that is problematic for the aforementioned stakeholders. One of the problems that arise when police officers use excessive force is the distrust that occurs between citizens and officers. Citizens begin to fear the very people that are supposed to…… [Read More]
Civil Liability Associated With Policing
Civil liability and policing
The law enforcement agencies and their officers are widely trusted for upholding the law and implementing the requirements of the law as well as protecting the innocent citizens from those who may want to break the law. However, several instances have seen the law enforcement agencies or officer fall in the trap of facing litigation. Civil liability remains a concern within American policing and it might never stop going in any time in the near future. On several occasions civil lawsuits are filed against police for instance when they violate the civil rights of a citizen, engage in neglect of the law as well as blatant abuse of powers bestowed upon them by the law and the constitution. Police officers as well as their administrators are aware of the possible litigations that normally surface though many citizens are still not aware…… [Read More]
Police civil liability is one of the more complex areas of civil law. Because of their unique position in society, police officers have to be free to engage in behavior that would be tortious if it was committed by people outside of law enforcement. However, that same unique societal position means that those in law enforcement are given opportunities to abuse power that others do not have. The apparent dichotomy of those two realities is that people need a way to seek redress from law enforcement for violations of civil liberties, while those in law enforcement need to be able to do their jobs without fearing that every action will trigger a successful lawsuit. Society has decided to balance the two competing needs by providing ways for complainants to seek legal redress for harms done to them by law enforcement officials, while also providing some immunity and limited defenses for…… [Read More]
If there is ever a case where the courts cannot determine what the original intention of the parties was, the country with the most logical connection to the contract is often chosen as the country of law for deciding the dispute. The place of performance of the contractual duties; the place of residence of the contractual parties; the nature of the subject matter of the contract -- all of these have been used to decide contract jurisdiction.
Torts -- wrongs done to others -- are the domain of civil law. s with contracts, there is a "proper law of the tort," which country has the most significant relationship with the event or the parties. The law of that country applies. Therefore, the place where the wrong occurs is usually which law applies. This is similar to the way tort cases work in the United States. The state in which…… [Read More]
Acceptance must be made by an intended party to the contract and must be understood by the offerer before he withdraws or retracts the offer.
And consideration is some forebearance on the part of both sides to make a contract enforceable. For instance, a simple promise is not enforceable. However, when a grandfather promises to pay his grandson $5 for every 'A' in school, and the grandson agrees, there is an enforceable contract in that both sides are giving up something: The student is working hard for grades and gives up his right to slack off, and the grandfather is giving up $5.
Consideration usually cannot be nominal, in that you generally cannot have $1 consideration for sale of a house.
Many other rules apply to contract law, like mutual mistake, unilateral mistake, the mailbox rule that defines when offers and acceptance are valid through the mail, impossibility, frustration of…… [Read More]
Medford Fire -- Rescue Liability Checklist
MF-R liability checklist
Does your department have copies of all legislation, regulations, bylaws, codes, and standards that are relevant to your department's operations?
The Department has access to all legislation at Federal, State, County, District and municipal levels, including regulations, bylaws where applicable, extensive codes, and standards issued by government, agency and professional associations. These documents are dispersed widely throughout government and agency literature, but most of the relevant operational policy documents are public and available on request if not accessible through the Internet. This regulatory detail is so extensive and widespread that a large part of Department administration's continuing education is devoted to simply keeping up with the ongoing changes and amendments to these laws, codes and best practices.
Has your municipality passed a fire bylaw? If so, was it tailor-made to suit the particular needs of your department? Does it accurately reflect…… [Read More]
Irrespective of whether or not AC Apartments satisfied its duty of reasonable care with respect to the safety of its tenants, the harm for which liability is claimed must relate directly to any failure to satisfy that standard. More particularly, to establish liability, the plaintiff must also establish that any negligence of AC in failing to exercise reasonable care was the proximate cause of the harm that resulted (Freidman 2005).
For example, had the apartment complex manager previously been sentenced for rape as a juvenile, even a thorough criminal background check performed by AC Apartments would have failed to disclose that information, through no fault of AC Apartments. A more interesting factual situation arises if AC failed to satisfy its duty of care owed to its tenants by neglecting to perform any pre-employment criminal background check of the manager but where the only relevant information available would have required…… [Read More]
Cognitive Bias in Jury Damages
Utilizing Cognitive Biases to Legal Advantage
Assuming that the putative view of an ordinary citizen, unaffiliated with the judicial system, is one that the merits of a case are based solely based upon a presentation of facts is common. However, several psychological predispositions illustrate the strategic role that attorney's assume in jury selection. Understanding the philosophy underlying the moral psychology of the mind offers insights into how both the case for plaintiffs and defendants are open to suggestive framing.
The determination and award of damages in cases that comprise compensatory damages is easily quantified, however considering pain and suffering compensation presents fertile ground for legal study. Empirical studies of jury awards demonstrate that the framing of damage by plaintiffs is influential to the outcome. Similarly, preconceived notions of sexual harassment and prior psychological trauma bear influence upon cases that counsel must be aware of to…… [Read More]
Business Law: Saukars, Nib Corp, and Guesthouses.
In order to examine the potential legal issues between the parties, it is important to look at the contractual relationships between those parties. First is the relationship between the guesthouses and their customers. Food service is part of that relationship. Customers at the guesthouses may have a claim against the guesthouses stemming from them contracting food poisoning from the food served to them at the guesthouses. Because the customers' contractual relationship is with the guesthouses, they would be an appropriate object of suit, but the guesthouses may be able to enjoin or seek indemnification from other parties for those damages. Tort liability for food poisoning is relatively straightforward. Most states have strict product liability laws covering food safety, so that the supplier of contaminated food products is assumed to have been negligent. As long as the customers can demonstrate that the food that…… [Read More]
Product Liability Tort
RISK AND RESPONSIILITY
A tort is a civil wrong, loss or harm inflicted by a person's behavior upon another (LII, 2010). While it is not necessarily an illegal act itself, the law allows the person harmed to recover his loss or receive compensation for the harm. It differs from a crime wherein the person's harmful act affects society in general. A claim of tort may be filed in a civil court. The three main elements of a tort are duty, the breach of that duty, and the injury or harm caused by the breach. The four main types of torts are intentional, negligence, strict liability, and nuisance. One type of negligence torts is products liability (LII).
Products liability can be incurred by any or all of the persons involved in the manufacturing chain of a product for the damage it causes (LII, 2010; Lim, 2012). It may…… [Read More]
Codification and Liability isk: Napoleonic Code vs. Common Law
In today's modern world, insurance has become an everyday concept. We ensure our homes, vehicles, and valuable property. In many states, vehicle insurance is now demanded by law of its drivers. Yet, very few of us step back and actually question where this notion of insurance actually comes from. It is a strange concept, to pay a premium monthly in order to protect oneself from damages later in the event of a catastrophe. In fact, insurance around the world is not considered the same thing. In fact, codification of insurance in various countries is influenced by different legal systems. While in the United States, insurance is influenced by common law practices, other countries in Europe, the Middle East, and South America use codification principles stemming from the Napoleonic Code.
In most Western countries, like the United States, common law is the…… [Read More]
This is usually a low standard to achieve. As long as a person acts in a way which avails the person of the protection of the laws of that state, that person has subjected themselves to the jurisdiction of that state (International Shoe).
Next, the complaint will allege subject matter jurisdiction, i.e., that the lawsuit fulfill the requirements for this court to hear it? Pertinent requirements can include how much money haws plaintiff sued for or whether the case poses a question about a federal statute or the U.S. constitution. In many cases involving litigants from different states, the Plaintiff will allege that he is suing the Defendant for an amount greater than $75,000.00, which is the minimum monetary amount for federal subject matter jurisdiction (Title 28 U.S.C. § 1332(a)) and that the Plaintiff does not reside in the state in the same state as any defendant (Am Jur Pleading…… [Read More]
Bobby and achel Liability
There is potential liability on the part of the various parties in the scenario involving Bobby, the nurse, the surgeon and City General Hospital. In this essay, the author will consider each party's responsibility and potential liability/neglect separately. We will define comparative negligence and discuss its application to the analysis of liability in the scenario. As we shall see further on, there is an inherent contradiction between the cost containment of managed health care and the law, but this does not excuse the gross negligence of the medical staff or reduce the ability of the plaintiff for civil damages.
EMTALA (Emergency Medical Treatment and Active Labor Act) requires almost all hospitals to provide an examination and needed stabilizing treatment, without consideration of insurance coverage or ability to pay, when a patient presents to an emergency room for attention to an emergency medical condition that requires immediate…… [Read More]
Via stipulated agreement, a licensee who faces disciplinary action has the right to negotiate a settlement. uch a settlement is also subject to the Board vote, and may be approved or denied as a result. When disagreeing with the outcome of the disciplinary hearing, the licensee may also appeal to have the Board's decision overthrown. However, if the accused believes that the charges are valid, he or she may also voluntarily surrender the nursing license, and will no longer be allowed to practice in the state of California.
In cases where it is believed that an accused and convicted nurse will be able to rehabilitate, such an individual is entered into the Board's Diversion Program. This program is mainly focused upon nurses that are subject to problems such as chemical dependency and/or mental illness. These are seen as conditions that can be either remedied or managed in such a way…… [Read More]
Vicarious Liability Case
This present study is a vicarious liability case assignment and it is divided into two primary sections. The first section aims at distinguishing between corporate criminal liability and tort law vicarious liability resulting from the negligence of a health care organization's employee. The second section defines and discusses apparent agency and then states the impact status of the agent/employee vs. independent contractor has on analysis of liability.
Corporate criminal liability vs. vicarious liability
Corporate criminal liability falls under criminal law which defines the extent to which a company or a corporate that exists as a legal person can be held liable for the omissions or acts of an employee working for it. Crime punishable by corporate criminal liability can be defined as a breach of public right and duties which affect the whole community. The doctrine of vicarious liability is entrenched in law of torts and it…… [Read More]
Rachel and Choo Hospital
Choo Choo's Liability
The fact that Rachel was initially discharged from the emergency department following examination by a physician with nothing more than a prescription for pain medication when she was in fact suffering form a very serious blood infection could definitely leave Choo Hospital exposed to litigation. There are several key elements of this case, as briefly as it has been described, that lead to this potential exposure to liability and tortuous action. First, the emergency room physician is expected to provide a certain level of care in his diagnosis, and if it was reasonable to foresee a more serious underlying problem of the general pain the patient presented with, the physician (and by extension the hospital) could be liable for failing to make proper recommendations and determinations. Second, then, a determination must be made as to whether or not the blood infection that was…… [Read More]
... If gun manufacturers are responsible for violence, why not the makers of the steel used in the guns?" (Levy, 2004, p. 80)
The application of the principles of assumption of risk and product liability to incidents that are ever more removed from the ideal usage of the product or service eventually creates a situation in which all are liable for everything and everyone.
The notion of choice upon which assumption of risk original rests is lost if individuals are no longer free to exercise any discretion in the usage of products and services. Yet, in today's climate, businesses must be more aware than ever of the potential liabilities of the products they sell and the services they offer. The bungee jump operator, the auto manufacturer, or the operator of textile mill or coal mine, must be up front about any and all potential dangers involved in the use of…… [Read More]
What liabilities and rights do NewCorp and Pat have in this situation? What legal principles, such as statutory or case law, support those liabilities and rights?
NewCorp is liable to follow the guidelines of the handbook outlining how to deal with unsatisfactory employees, but they also have the right to dismiss an employee at will. Pat on the other hand, has the right to be informed about the indication of the problem and put through a corrective plan to improve his shortcomings before dismissal. Nevertheless, this is a case of implied contract where there is lack of clause clarifying that the policy is not intended to include employment affiliations (Cheeseman, 2010). The employment-at-will doctrine allows the employer to dismiss employ at will; however, in this case NewCorp violated their own guidelines showing poor ethics in the decision to terminate Pat's employment.
Wrongful discharge is supported by the…… [Read More]
1. In a civil action, how can a claim of negligent hiring have a greater chance of succeeding?
Jurisdictions have been increasingly putting laws in place pertaining to what makes organizations a potential target for a lawsuit on negligent hiring. Though in most instances, claims of negligent hiring may be effectively fended off, it proves increasingly tricky in the following cases:
· If the individual harming or injuring another is an employee of the company.
· If the employee is found guilty of harming, injuring or doing any damage to the complainant.
· If the organization was aware of, or ought to have been aware of, the employee’s tendency to inflict harm or injury.
· If the organization was inattentive when hiring the individual and failed to carry out a proper background check which could have identified the individual’s tendency to cause harm to clients or colleagues (McCrie, 57-60).…… [Read More]
The Airline Certification Process And Dot eporting egulations
Airline certification is a complex process that involves a series of steps an airline company should follow and meet its requirements for the certification process. The certification provides the airline company with the authority to carry out its operations in the global markets with minimal limitations. The certification process begins with filling in the application form in the air carrier authority. The information provided when filling the form includes supporting information, confidentiality treatment, service, and filing. The application is then processed by the carrier authority staff where they make decisions based on the information provided by the company and their credibility. Upon the acceptance by the staff, evidence requirements are submitted by the organization applying for the certificate. Evidence requirements include information such as fitness test, corporate ownership and structure, technical ability and management expertise of the organization, and operating…… [Read More]
Excessive Force Liability
The International Association for the Chiefs of Police (IACP) has maintained an updated model policy on the use of force for over two decades (Hough & Tatum, 2012). A number of 'use of force' policies implemented by policing agencies can be found online, but the basic tenets are the following: (1) use only the minimum amount of force necessary to bring a situation under control, (2) deadly force should only be used to prevent death or serious injury to the officer or bystanders (Tennessee v. Garner, 1985), and (3) the determination of an imminent threat of death or serious injury should be based on objective and reasonable evidence (IACP, 2006; Graham v. Conner, 1989). Officers should also warn the intended target that deadly force will be used if they failed to comply when possible (Tennessee v. Garner, 1985).
Based on these guidelines, Officer Jones was not justified…… [Read More]
International Safety Management
ISM safety code
Acting as a mandatory regulation, ISM Code usually lays down standards of shipowner's responsibility for safe management of ships and pollution prevention accepted internationally. The obligation of the shipment owner is to establish, maintain as well as implement a Safety Management System that is to meet the ISM Code's requirements.
The aspects of civil liability's impact is to be focused on the impact on liability of shipowner for cargo loss or damage, in addition to shipowner's legal right to limit his liability for claims. Some of the concepts such as seaworthiness, actual fault and privity, crew's negligence, the role of the designated person and recklessness with knowledge are to be considered. There has already been a change in the conditions in terms of policies that meet the requirement of the ISM Code through Hull and Machinery (H & M) underwrites and protection…… [Read More]
Texas House Bill (HB304) - Relating civil liability bullying a child
1. Title of the Suggested Bill
Texas State’s ‘anti-bullying’ house bill possesses the following key features. Its title appropriately alludes to the protection of children’s rights (CAIR Texas, 2017). If enacted, the law would:
a. Offer tools to educational institutions: This bill would authorize educational institutions to examine cases of bullying outside of school, develop a tip line that maintains anonymity, and enable greater educational institution latitude in penalizing pupils who engage in major cyber bullying (e.g., urging a child to kill him/herself).
b. Reduce the number of victims: Centers for Disease Control (CDC) estimates reveal suicide to be the second main cause of adolescent deaths.
c. Offer tools to law enforcers: Law enforcers can, by means of summonses, increasingly expose anonymous users on social media websites who post or convey intimidating messages. The law will render e-bullying and…… [Read More]
Hall by publishing the truth in any letter of recommendation (Dershowitz,
In reality, Dean Moore's refusal was not the result of any prejudicial or otherwise impermissible basis. Nevertheless, the dean's strongest possible position would be to offer to write the requested letter but to inform Ms. Hall that any such letter would necessarily, as a matter of social responsibility and sound public policy, have to include a description of the circumstances of Ms. Hall's departure from NBSU in conjunction with an objective and fair description of her actual academic performance and technical competence. Even if her refusal to provide any letter is justified, defending a discrimination lawsuit is expensive and potentially damaging to the institution. On the other hand, there is no such thing as a legal claim arising from someone's refusal to lie and any suit brought by Ms. Hall based on the dean's insistence on full disclosure…… [Read More]
PENALTIES - CIVIL & CIMINAL
There are statutes that impose penalties both civil and criminal for government contractors who commit fraud, waste or abuse. Some of those statutes are as follows:
False Claims Act;
False Statements Act;
Bribery and Gratuities statutes;
Mail and Wire Fraud statutes; and the Public Integrity Act and recent legislative initiatives to strengthen criminal penalties for violations of conflict of interest laws. (Peckar & Abramson, 2007)
The government has the right to audit the records of the contractor for up to three years following a contract for the government being completed. Companies with contracts exceeding $5 million are required to: (1) post a fraud hotline poster; (2) establish a written code of ethics; (3) establish an employee ethics and compliance training program; and (4) establish an internal control system. (New ule for Government Contractors, nd)
SUMMAY & CONCLUSION
The Corporate Compliance Plan…… [Read More]
sentinel event is reported to JCAHO through a root cause analysis and an action plan according to set timetables and procedures. In addition, a sentinel event can have numerous civil and criminal implications. Fortunately, through the methodical reporting and root cause analysis established by JCAHO, hospital administrators can develop highly effective risk management programs.
The Basics Of Sentinel Event Reporting
A reviewable sentinel event may be self-reported or reported after notification that JCAHO is aware of the event. Self-report uses a computerized form in the "Continuous Compliance Tools" subsection of the "Self-Report Sentinel Event" section on the "Joint Commission Connect" ™ intranet site (JCAHO, 2012, p. 13). The hospital must prepare a root cause analysis and action plan within 45 calendar days of the occurrence or awareness of the occurrence and must submit them to JCAHO within 45 calendar days of the known occurrence. If reviewability is determined more than…… [Read More]
counseling profession has experienced a great deal of change, especially during the 1990's. Several of those changes occurred in 1992; these include the changing of the AACD's name to the ACA (American Counseling Association), the adding of counseling as a primary mental health profession into the health care human resource statistics of the Center for Mental Health Services and National Institute of Mental Health, and the writing of the multicultural counseling standards and competencies, which was done by Sue Arredondo and McDavies. Another major change that occurred in the 1990's was the inclusion of counselors as providers for managed health care organizations.
Two of the major trends being faced by counselors in the new century include having to serve an increasing number of clients recovering from violence, crisis situations, and trauma, and helping clients cope with loneliness and isolation. The negative characteristics of the first trend are that crisis situations…… [Read More]
Australian Corporate Directors
The four step process of understanding business law is very helpful in arriving at some important conclusions about the case of Coco Ltd. And its recent accident. The four step process suggests provides a manner in which this problem can be properly understood and the correct actions may be implemented to prevent further problems. This part of the essay will advise the directors of Coco Ltd. Of their current problems.
Identify the Legal Issue
Before delving into the legal issues of this case it is important to understand the behaviour of Mr. Hugo, a director here at Coco Ltd.. Hugo, in a recent purchase from his in laws' Brett and Sandra cocoa plantation a disastrous terrorist event took place. During the transportation of nearly boat load of cocoa, the ship was attacked and sunk by terrorist pirates disguised as American Navy Forces. The ship was sunk with…… [Read More]
On the strength of this, the university can argue that it has fully upheld its responsibilities and the terms of the legally binding contract it has signed with Ms Edwards, with full disclosure and with full knowledge by both parties.
Ms Edwards, on the other hand, is planning to breach her own obligations in terms of the contract, even knowing that the institution is a directly affected party, especially in terms of potential damage to the property it owns. She is further in violation of her contract by not planning to notify the university and by planning to gain financially from this breach of contract. Hence, the university could argue for its own legal standing in terms of the contract as opposed to that of Ms Edwards.
Finally, the university can also argue that Ms Edwards already experiences significant financial gain by using the premises of the university. Her weekly…… [Read More]
A Corporate Compliance and Enterprise isk Management Plan for iordan Manufacturing
iordan Manufacturing is a wholly owned subsidiary of the Fortune 1000 company iordan Industries, and is engaged in the manufacturing of a variety of finished plastic goods and parts for use in other finished products that the company as been contracted to provide. The company has been highly successful utilizing a global network of manufacturing and distribution to maximize profitability by reducing labor costs and diversifying its product offerings, but this international exposure also places certain legal constraints and responsibilities on the company that must be accounted for in iordan Manufacturing's corporate compliance plan, which is the primary focus of the following paper.
In order to develop this corporate compliance plan, however, some background information on the company is necessary to determine organizational structure and culture, and also to develop a corporate compliance plan that is in keeping…… [Read More]
The statute applies even where there is no actual government reimbursement.
The opportunity to invest in a "private-pay only" joint venture may, in some circumstances, constitute an inducement to physicians to refer patients to the joint venture partner for other services covered by governmental programs.
In general, violation of the statute is a two-way street
While it is theoretically possible for one person to violate the statute by offering a kickback to (or soliciting a kickback from) another person even where the other person refuses to play ball, one does not commonly see prosecutions based on that fact situation.
Where the requisite bad intent exists, an arrangement may violate the statute even where there are also legitimate purposes behind the arrangement.
Many claimed Anti-Kickback Statute violations arise from arrangements that may serve legitimate, socially useful purposes, such as providing healthcare services that might not otherwise be available in the local…… [Read More]
2. Did the fact that Hatchett's initial injury occurred in a work-related setting affect the court's analysis of her legal claims? As a policy matter, should this fact make a difference in the ADA/FMLA analysis?
The particular circumstances of Hatchett's initial injury were never considered by the court in the analysis of her claims. As a policy matter, the circumstances of the initial injury are completely irrelevant to the ADA/FMLA claims because those circumstances would only be relevant to the issue of civil liability, such as for negligence in a tort claim for damages caused directly by the injury.
The purpose of the ADA provisions are to protect disabled persons from employment discrimination and the purpose of the FMLA provisions are to protect the right to continued employment for persons who might otherwise be terminated as a result of suffering from or receiving necessary treatment for medical conditions. Neither the…… [Read More]
Fault: An Alternative to the Current Tort-Based System in England and Wales
The United Kingdom
statistics regarding claims
THE NATIONAL HEALTH SYSTEM
OBSTACLES TO DUE PROCESS
THE CASE FOR REFORM
THE REGULATORY ENVIRONMENT
THE RISING COST OF LITIGATION
LORD WOOLF'S REFORMS
MORE COST CONTROLS
THE UNITED STATES
THE INSURANCE INDUSTRY
TORT REFORM IN AMERICA
STATISTICS FOR ERROR, INJURY AND DEATH
THE CALL FOR REFORM IN 2003: A FAMILIAR REFRAIN
THE UNITED STATES SITUATION, IN SUMMARY
NEW ZEALAND CASE STUDIES
THE SWEDISH SCHEME
COMPARISON: WHICH SYSTEM IS BETTER?
FIRST: UNDERLYING DIFFERENCES
TALKING TORT: AMERICAN PECULIARITIES
AMERICANS CONSIDER NO-FAULT
BRITAIN CONSIDERS NO-FAULT
Appendix A THE UNITED KINGDOM
At issue is the economic effectiveness of tort law in the common law legal system of England and Wales, as applied to medical and clinical negligence and malpractice cases. In response to economic concerns and a continual…… [Read More]
Limitations of the Research or Gaps
A Critical Analysis of the usiness Judgement Rule under the Australian Corporation Law
There have been many large businesses which have collapsed unexpectedly to cause irreparable damage to the investors worldwide in recent years. The most recent and larger cases are those of the fall of the mighty U.S.-based Enron International and the Australian firm, HIH Insurance. These cases shook the faith of the stakeholders in the ability and the intention of the directors who were in charge of the operation of these enterprises. These cases have also made it harder for the directors to negate the fiduciary duty imposed upon them by the law. For instance, according to the 1997 Directors' Duties and Corporate Governance prepared by the Commonwealth of Australia, 'There has been increasing debate in Australia about the standard of corporate governance, particularly in light of the experiences of the late…… [Read More]
The Corporation must have cross-boarder transactions. Which of the following would be classified as Cross-Boarder?
(a) a merger wherein at least two companies are governed by the laws of different member states
(b) the conversion into an SE of an existing company that for at least ONE year has had at least one subsidiary in another member state
(c) the formation of a parent company where each of at least two of the companies is governed by the laws of different member states.
(37) What is the minimum share capital required to convert to an SE?
(a) 120,000 Euros
(b) 200,000 Euros
(c) 300,000 Euros
(d) There is no capital requirement to convert to an SE
(38) the process of registration includes the following EXCEPT:
(a) Bank Accounts must be established after notarization of the Articles of Association
(b) Cash Contributions must be paid AFTER corporate registration
(c) Directors must…… [Read More]
Criminal laws absolutely prohibit furnishing alcohol to minors, even formally requiring bartenders to check the identification of any patron who appears even slightly older than the legal age for alcohol consumption (Schmalleger 1997). Conceivably, the same absolute standard could easily be applied to drinking in conjunction with driving. Furthermore, when it comes to protecting their own financial interests, bartenders often enforce standards beyond what it required by law: they may prohibit certain forms of attire associated with violent criminal gangs, and they often serve drinks in plastic cups, precisely because they are fully aware of the degree to which alcohol impairs good judgment and that glass bottles and glassware are capable of inflicting much more damage in situations where intoxicated patrons provoke physical altercations.
In fact, bartenders know or should know that the social culture of alcohol consumption, particularly among certain demographic groups, makes it the norm rather than the…… [Read More]
trainee solicitor with the firm Dewey Cheetham & Howe. The secretary has made an appointment with an Arthur Morris who wants to speak to a solicitor about being injured in a road accident riding as a passenger in a car that rolled on the Logon Motorway in Queensland two months ago. oth the passenger (Morris) and the driver of the car had been drinking.
(1) When did the accident occur?
This question is very important based on the Limitations of Actions Act 1974, which states that in the majority types of legal action there are "time periods known as limitations periods within which cases must be commenced." (Limitations of Actions Act 1974) Failure to commence proceedings within the allotted limitation period will bar the action from being taken and make the action subject to "possible suspension or extension of the period, or the other side failing to take issue." (Limitations…… [Read More]
Criminal Justice Leadership
Identify two types of ethics and explain their role in criminal justice organizations. Support your responses with resources.
Ethics are concerned with the issues of right and wrong and provide a framework for moral living. Ethics in the criminal justice system is an integral part of police work. Ethical considerations are paramount to decisions involving discretion and a strong moral foundation suits police work well. Banks (2010) notes that knowledge of ethics provides people an opportunity to analyze assumptions and weigh options. Two types of ethics that have particular importance in criminal justice are normative ethics and ethical absolutism.
Normative ethics is fundamental to proper and prudent decisions made by personnel in the criminal justice system. Banks (2010) writes that normative ethics involve taking into account the range of moral issues in an area and that a person should always act morally, having deduced the…… [Read More]
Kelly a. Wagner of Connecticut Law Tribune has written in an article entitled Good Samaritan Statute Under Scrutiny that a patient dies because of the Turkey sandwich given to her while she was on board with the paramedics while going to the hospital. It was found out that the patient has no teeth or salivary glands, which led to the choking of the patient. It was argued that the paramedics should have known the medical condition of the patient. The situation then could have been avoided. The suspect's attorney argued that the employees do not have any civil liability because the Good Samaritan Law covered what happened. The law, which was passed in 1963, offers immunity from liability for dentists, school personnel, police, firemen, EMTs and others who provide emergency medical assistance or first aid during a crisis. (Wagner, 2002, Good Samaritan Statute Under Scrutiny, par. 14). The final verdict…… [Read More]
sexual harassment, and discuss aspects like defenses, judge ruling basis, cause of action, and employee's and employer's civil liability. Both discrimination and employee laws will be applied here.
Sexual Harassment Background Information
The issue of sexual harassment at workplaces poses an ethical problem, with around 50% of all women employees experiencing it during some point of time at their workplace; the effects of sexual harassment on people are always negative, and harmful (Bimrose, 2004). Thus, career guidance has a significant role to play in preparing and supporting working women, who may have already faced, or are currently, facing sexual harassment at work. ecent studies on workplace-related gender inequalities have recommended combating of stereotyping by urging women to take up non-traditional vocational training, education, and jobs.
Though the above solution is pertinent, the problem of workplace sexual harassment is not accorded due recognition. There are several reasons for this; the foremost…… [Read More]
Human esource Management Issues -- Affirmative Action
The long history of the United States includes a shameful three-century-long period during which African people were rounded up in their native lands, bound by shackles, forced into the putrid, rat-infested holds of ships, and transported to North America where they were worked, often to death, as slaves, especially in the southern states. Despite the fact that the institution of slavery officially ended by the 1865 enactment of the Thirteenth Constitutional Amendment, known as the Emancipation Proclamation, it would be an entire century before black Americans received the full rights of citizenship and the same protections of law to which they had officially been entitled since the era immediately following end of the American Civil War.
During that time, they endured systemic discrimination, frequently with the outright support or tacit approval of local, state, and federal authorities, including law enforcement (Edwards, Wattenberg, &…… [Read More]
The objective of this study is to read the case Deal V. Spears United States Court Of Appeals, Eighth Circuit, 980 F. 2D 1153 (1992) and to answer the questions of whether it is lawful to monitor the telephone conversation of an employee if the employee has given prior consent and to answer if in this case whether Deal give her employer consent in this case? This study will additionally examine whether due to the recent burglary of the store, whether the employer had a legitimate business reason to record and review the employee's phone calls made or received at work. Finally, this study will consider what, under the Watkins precedent, is the extent to which an employer can monitor personal phone calls to employees within the ordinary course of business exemption of the federal wiretapping law where is no evidence of express consent here.
The basis…… [Read More]
In that regard, officers who misunderstand reasonable suspicion, probable cause, the limits of officer safety as a predicate to conducting frisk searches, and the complex procedures for securing and executing both search and arrest warrants run the risk of undermining the government's prosecution of criminal defendants by poisoning the evidence necessary to convict them (Dershowitz, 2002;
Hoover, 2005; Schmalleger, 2008).
In modern American criminal justice administration, physical evidence secured and testimonial evidence adduced in violation of established legal standards are subject to exclusion as the judicial remedy for improper police procedure that violates the Fourth
Amendment constitutional and other derivative rights of defendants (Dershowitz, 2002;
Hoover, 2005; Schmalleger, 2008). Furthermore sufficiently egregious violations of constitutional due process in several areas can result in civil liability for the officer personally and for government agencies under Title 42 U.S.C. 1983 and even in criminal
liability under Title 18 U.S.C. 242 (Schott, 2008).…… [Read More]
The workforce should be clear about the implementation of technologies for protecting natural resources, through formulating strategies.
atification of the International Maritime Organization (IMO) 1984 Protocols
Domestic legislation on compensation and liability is needed to implement two IMO protocols related to compensation and liability. The United States should ratify the 1984 Protocols to the 1969 Civil Liability and the 1971 Fund Conventions. Expeditious ratification is essential to ensure international agreement on responsibilities associated with oil spills around the world' (A eport to the President: Executive Summary).
Introduction of Safeguards
It is imperative to establish such environmental safeguards so as to minimize the possibility of oil spillage, by improving transportation, production, storing facilities. 'The infrequency of major oil spills in recent years contributed to the complacency that exacerbated the effect of the Exxon Valdez spill' (CNN: Exxon found guilty).
Legislation on liability and compensation is needed
The Exxon Valdez incident has…… [Read More]
However, this aspect of tort law does not apply equally to all areas of tort law. For example, under theories of intentional infliction of emotional distress, a tortfeasor's behavior has to shock the conscience of the court. That a particular victim is particularly sensitive does not increase a tortfeasor's liability.
Finally, tort law does not always involve one wrongdoer and one victim. In fact, both parties can have some liability for the harm incurred, or multiple parties can be responsible for the damages. In order to determine liability for the damages, one must explore the possibilities of contributory and comparative negligence, joint and several liability, and assumption of the risk. The laws determining liability vary by state. For example, in some jurisdictions joint tortfeasors are only individually liable only for the proportion of damages they caused, while in other jurisdictions joint tortfeasors are jointly and severably liable.
As demonstrated, tort…… [Read More]
Within the law protects children according to chapter 262 of Texas family code by removing the child from the home if the government official believes the child is in danger. They can remove the child from the home without a court order " A governmental entity with an interest in the child may file a suit affecting the parent-child relationship requesting an order or take possession of a child without a court order as provided by this chapter.(b) In determining the reasonable efforts that are required to be made with respect to preventing or eliminating the need to remove a child from the child's home or to make it possible to return a child to the child's home, the child's health and safety is the paramount concern" (CHAPTE 262. POCEDUES IN SUIT BY GOVENMENTAL ENTITY TO POTECT HEALTH AND SAFETY OF CHILD). This law would be good if the…… [Read More]
Business Management -- Diversity Issues
Contemporary business managers must be competent in all areas of diversity issues in order to comply with applicable federal laws, state laws, and to insulate their business organizations from potential civil liability arising from lawsuits for violations of those laws (Halbert & Ingulli, 2008). Cultural diversity issues typically arise in connection with the increasing demographic diversity of American society in general. Ethnic diversity issues also typically arise as a function of societal diversity, but ethnicity is a particularly important element of sensitivity to diversity in contemporary business because of the designation of minority races as "suspect classes" in relation to the protections afforded by the Civil ights Act of 1965 (Halbert & Ingulli, 2008). Gender, while not as strictly protected by law as racial identity, is subject to the protections of the laws of equality in many states and also is a potential source of…… [Read More]
Miranda Rule -- Prohibits the introduction of any testimonial evidence elicited from criminal suspects while under arrest or in police custody unless police first advise them of their constitutional rights to remain silent, refuse to answer questions, and to be represented by an attorney before beginning any custodial interrogation. I have heard this term used frequently in television crime programs.
Prosecutor -- Is an attorney employed by the state whose responsibility it is to file criminal charges against individuals arrested by police and charge with crimes; typically, prosecutors represent the state at the criminal trial. The context in which I am most familiar with prosecutors is in their portrayal in television programs about criminal justice and news reports about criminal trials.
Pretrial Release Program -- Is a system of releasing criminal defendants from custody until their trials to reduce jail overcrowding; in principle, bond is one form of…… [Read More]
California Labor Laws
The state of California possesses some of the strictest labor laws and enforcement tactics in the United States - a factor that largely affects the business climate of the state. County health departments, such as the California Department of Industrial Relations - Occupational Safety & Health Administration (CAL-OSHA), enforce and protect California labor laws, acting against all businesses who violate the laws (West Group, 1999).
This essay will discuss some of California's most important and current labor laws, outlining how each law affects California's business climate. It will also determine whether these labor laws are beneficial or detrimental to the apparel industry.
California's Labor Laws
The following section outlines some of California's labor laws, which are considered some of the most stringent in the nation.
California's overtime laws hold that any employee who works more than eight hours per day must be paid at 1.5 times his…… [Read More]
Nu Star Energy L.P. is a limited partnership that is publicly traded and headquartered in San Antonio. It has 9,063 miles of pipeline, eighty-six terminal facilities, four storage facilities for crude oil and two refineries for asphalt. It is the second in size among independent liquid terminal operators in the United States. It operates in the U.S., Netherlands, Canada, United Kingdom, Antilles and Mexico. The entire system of the partnership can hold up to 86 million barrels in its storage infrastructure. It has refineries for asphalt, crude oil and has pipelines for refined products. Also present are terminals for refined products, a storage facility for petroleum, a terminal operation as well as storage facilities for crude oil. NuStar strives to protect the environment and continually works to improve its programs and processes so as to meet even the most stringent of environmental practices. This has resulted in better environmental performance.…… [Read More]
On the plus side, though, the research also showed that innovations in technology, both high- and low-tech, hold enormous promise for improving miner safety by providing early warnings of impending disasters and by providing rescuers with better techniques for locating and rescuing trapped miners. In the final analysis, the technology already exists to accomplish these improvements and it remains a matter of establishing the relevant priorities at the state and federal levels to ensure that all mines are equipped with these devices before disaster strikes, and that these technologies are available for rescue efforts when the inevitable does occur. Future studies should investigate how these technologies can be deployed more cost effectively for developing nations and what steps should be taken ahead of time to ensure that these devices provide the maximum amount of protection for the investments involved.
Cooper, S., yan, J., & Sinback, M. (2003). Employment-related crimes.…… [Read More]
Concealing to Confronting Sex Abuse
It is one thing to consider child sexual abuse from the perspective of the criminal offender. Sexual abuse almost certainly qualifies as an anti-social behavior that is transmitted from generation to generation. Although this issue was not discussed in any of the articles, there is simply far too much evidence that child sexual abusers are very likely to have, themselves, been abused as children to ignore the idea that this behavior is transmitted from generation to generation, abuser to victim. In fact, child sexual offenders seem to have a modified version of the subculture of violence, but the subculture is actually one of sexual violence towards children. In this isolated culture, the sexual victimization of children is normalized. That explains the prevalence of child pornography and groups like NAMBLA. In fact, the offender may minimize the damage that he experienced at the hands of his…… [Read More]
Confidential Information Case Study
Confidential information generally consists of non-public information about people or institutions that if it were to be disclosed, could be expected to place either the person or the institution at risk. These risks could be criminal in nature, but also could be civil liability, financial standing, employability, reputation or privacy. ("601" 2010) In most businesses, employees are strictly regulated as to what information can be disclosed about other employees. However, in many businesses, people are routinely exposed to confidential information that could possibly cause harm and must weigh the various ethical concerns involved. These include the problems involved over their agreeing not to disclose such information when they were hired, as well as the possible harm disclosing the information could cause to the company, or any of it's employees. But this must be weighed against the possible harm that not disclosing such information could…… [Read More]
HM Issues in Global Business Expansion
Introduction to Human esource Management
In the last several decades, human resource management (HM) has evolved into a major component of modern business organizations (George & Jones, 2008). In principle, HM functions have always been part of professional business management; however, it became a distinct professional field with dedicated specialists only since the latter part of the 20th century. Generally, HM consists of all of the processes and functions that relate to personnel management, from the entire cycle in between recruitment and retirement or alternative ends of careers such as voluntary departure and involuntary termination. More specifically, HM departments typically handle the hiring process, new-employee orientation and training, the resolution of personnel issues and conflicts, benefits administration, employee performance review, and post-employment debriefing processes (George & Jones, 2008).
Contemporary Human esource Management in the Age of Globalization
In the age of globalization, HM departments…… [Read More]
Chavez v. Martinez case is one of the major lawsuits in the history of the United States that addressed the potential civil liability for coercive interrogations. In this lawsuit, the U.S. Supreme Court more clearly recognized the constitutional issue that confirmed that coercive interrogation may violate the right of a suspect to substantive due process in certain conditions. This violation is likely to occur even when no self-incriminating statement is used against the suspect under interrogation (Manak, p.1). Nonetheless, the violation will be identified only when particular alleged conduct develops to a level of coercive interrogation that surprises the conscience. Consequently, the ruling in Chavez v. Martinez case has had significant impacts on the interview and/or interrogation process by police officers.
Background to the Case:
Martinez filed a lawsuit against law enforcement officers after being shot during a struggle or altercation with these officers. hile undergoing treatment for the gunshot…… [Read More]
This places a significant burden upon the labs and the forensic experts that prosecutors depend on to produce forensic evidence. The article explains that there is a serious problem associated with crime lab ethics, which has been heightened in recent years. The article asserts that many crime labs have been cited for sloppy procedures and producing erroneous evidence (Morrison and Roane, 2005). The fact that crime labs are not required to be accredited adds to the problem because there are not any standard procedures that govern the management of the labs. Under new laws all federally funded crime labs will have to be accredited by 2006 but currently 30% of the federally funded crime labs do not have any accredidation (Morrison and Roane, 2005).
The article also reports that many experts such as crime lab technicians, coroners, forensic anthropologists and police chemists have been fired for presenting erroneous evidence in…… [Read More]
In Italy, the local marketing approach would also emphasize the authentic nature of the environment except that local marketing would be less explicit and devoid of specific references in that regard. Instead, it would attempt to present services, menus, and other accoutrements in a manner that would allow local customers to come to their own conclusion that the hotel provides a highly authentic Italian experience.
This exercise was extremely valuable to the study of Human Resource Management issues. Prior to this exercise, it would not have occurred to me how important local customs in a foreign country might be from the perspective of human resource management and the potential for civil liability to American employees working abroad. The exercise also provided an opportunity to make an important decision based on the comparative potential risks and rewards of two alternate courses of action.
From the perspective of marketing in…… [Read More]
Acceptable Use Policy
Employee Acceptable Use Policy
E-mail Policies and Procedures
Instant Messaging Policies and Procedures
NETORK AND INTERNET
Permitted Use and Term
Availability and Access
Content and Communications
Prohibited Activities / Prohibited Uses
Software Usage Policies and Procedures
ACKNOLEDGEMENT OF UNDERSTANDING
Acknowledgement of Receipt and Understanding (Spectorsoft, 2005, pp. 3-8).
ELECTRONIC ACCESS POLICY
The Company provides some, if not all, employees with electronic access, consisting of an e-mail system, a network connection, and Internet/Intranet access. This policy governs all use of the Company's network, Internet/Intranet access, and e-mail system at all Company locations and offices. This policy includes, but is not limited to, electronic mail, instant messaging, chat rooms, the Internet, news groups, electronic bulletin boards, the Company's Intranet and all other Company electronic messaging systems.
2. E-MAIL POLICIES AND PROCEDURES
The Company's e-mail system…… [Read More]
Davis v. The Boad of County Commissiones of Dona Ana County:
Maiah C. Davis filed a lawsuit against Dona Ana County fo injuies he suffeed while a patient at Mesilla Valley Hospital. In the lawsuit, Davis accused Joe Heea, an employee at the hospital, of sexually assaulting he. Futhemoe, she alleged that the hospital hied Heea on incompetent, favoable suggestions fom Dana Ana County Detention Cente whee he was also investigated fo allegation of sexually haassing female inmates. Accoding to the epot by the Detention Cente's diecto, Heea was accused of making statements with sexual ovetones, expessing his desie fo sex, and obtaining sexual favos fom inmates. Some of the efeences made in the epot include ponogaphic video and condoms found in his office as well as being in possession of undewea belonging to a juvenile. As a matte of fist impession, the New Mexico Cout of Appeals which detemined…… [Read More]