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e. The mother is verbally abusive or is lying). This is problematic, because it means that the children could be given custody to a dysfunctional parent without the court knowing what is happening. (Weiner, 2003, pg. 183)
In the case of the father, the advantages of these legal standards are that the court is looking at what is most stable for the child. As, the mother will have a special bond with them and could be more stable in looking out for their best interests. However, the disadvantage with this approach is that the father may be more emotionally and financially stable. The fact that the court is making this kind of assumption means that they could be automatically assuming that the mother is the best parent to raise the child. However, when you look beneath the surface the father could be more stable and capable of providing the best…… [Read More]
Family Law Court Observation
Family Law Court Observation
I visited the NYC Family courthouse that is located in 60 Lafayette St. on October 13, 2016. I thought I had a pretty good idea of what it was going to be like. Since I've watched a lot of crime related and legal drama television shows, I already had a picture painted in my head of what to expect. When I first arrived I had to walk through a metal detector and clear security like at the airport, but that was something I was prepared for. When advising a client on how to dress I would definitely tell them to dress professional, but comfortable and leave as much jewelry as possible at home. I then proceeded to the fourth floor to observe the first proceeding. There were some aspects of the courthouse that were exactly like…… [Read More]
Case # 2 -- Sperm Donation Bans
The State Y law is likely to be adjudicated unconstitutional because it infringes on fundamental rights without sufficient justification to satisfy the appropriate level of judicial scrutiny (Friedman, 2005). It can be argued that the statute infringes on and burdens a fundamental right (i.e. The right to start a family); therefore, the statute would have to satisfy the highest level of strict scrutiny to overcome a 14th Amendment constitutional challenge (Friedman, 2005). Since the aims of the state would have to be compelling and the methods imposed narrowly tailored to serve that purpose in the least burdensome manner, the statute would be overturned.
Even if the court applied only the intermediate level of scrutiny, such as that typically applied to issues of illegitimacy, the statute would probably be struck down because its purpose is not sufficiently important and the specific measures are not…… [Read More]
Mr. Smith deserves custody of Samantha Smith
In the hypothetical custodial and child support-related case of Smith v. Smith, Mr. Smith is suing for child support payments for Samantha Smith, a child whom is not biologically the natural child of either Mr. Or Mrs. Smith. However, as a result of in vitro parentage and surrogate pregnancy, Samantha became the child of both parents, to be raised as if she were biologically their child, according to an agreement both of them signed. During the first year of her life Samantha lived with both Mr. And Mrs. Smith. During the second two years of Samantha Smith's life she lived solely with Mr. Smith. These two years were marked by at first frequent and then sporadic visitation by Mrs. Smith.
Of course, the issue of child custody is a difficult one even in cases where reproductive technology is not involved. But in the…… [Read More]
Family Law, Part Two
The following is an overview of the various topics covered in Family Law, Part Two. The pertinent areas of discussion will be defined, explained, described, compared and contrasted in order to illustrate the information garnered from this segment of Family Law. Included is a description of the impact of the Child Support Enforcement and Establishment of Paternity Act of 1974 on state requirements in the area of child support. Also offered, in a section on spousal support, is a comparison and contrast of permanent alimony, lump-sum support, and rehabilitative support. Then, an explanation is presented regarding the significance of timing in the classification of property in the division of marital property. Additionally, a description of how the 1968 case of Levy vs. Louisiana significantly changed the legal status of children of unwed parents. Finally, the pros and cons of using a sperm bank for artificial insemination…… [Read More]
Family Law Act a court must take into Account ' the best interest of the child'. What does this mean? What are the factors the court is to consider in determining the best interests of the child and how do these operate? (200-500 words)
In short, the best interest of the child as defined by most courts is what will serve the child's interests best, at least in the short-term, and whether the child's current domicile and situation is the best fit involved. If the current parent(s) or guardian situation is not the best available option and/or the parent/guardian is obviously or even ostensibly unwilling or unable to provide the needed care that the child needs. his need can be borne of neglect or it can be based on outright abuse on the part of the parent or guardian. his situation can also arise if there are people or situations…… [Read More]
The complex dynamics of any individual family creates certain problems for legislative processes and all-encompassing rules. The relative factors that determine any single individual's family status is often outside of that individual's control and presents multiple avenues of responsibility, and at the same time creating multiple avenues of means of success. Unfortunately, marriage in today's society is consistently threatened by the complex and varying forces that influence relationships. In some instances where marriages produce children, outside powers step in to ensure that equal protection is guaranteed for all involved in this problem. The purpose of this essay is to examine certain situations where child support obligations are in question. I'll examine the biological, legal and socioeconomic relationships that help contribute to determining what fairness is in terms of child support payments.
According to the U.S. Census ureau, "in the spring of 2000, an estimated 13.5 million parents had…… [Read More]
Orthodox Jewish family consists of the mother, father, and four daughters whose home was raided by law enforcement officers on suspicion that the family was engaged in child pornography. Following the raid, naked pictures of young girls was found on one of the cell phones of the parents. Pursuant to a search warrant, the officers recovered computers, cameras, and cell phones and later called a case into ACS child protective services. The ACS caseworker obtained several photographs of the children while naked including one in which a 5-year-old girl sleeping in her bed with her underwear removed and legs spread apart. While the mother admitted to the ACS caseworker that she took that photograph, the case was referred to Kings County Family Court for legal direction and intervention.
Family Law Legal Issues in the Case
As evident in the case, this is an example of a situation involving family law…… [Read More]
Child Custody and Family Law
Considering the rate of divorce in the United States, child custody and family laws are of immense importance and well deserving of scrutiny. As such, this sort of litigation and the processes by which arbitration is made are thoroughly examined within obert Emery et al.'s "Limited science and a flawed system." This document examines a number of research studies that indicate that there is a considerable degree of dubiousness entrenched within the methodology used to determine child custody in cases of divorce and otherwise. Many of the studies examined within strongly suggest that there are severe circumscriptions in the science used for child custody cases, with the implication being that many such cases are ultimately decided with dangerous amounts of autonomy in a highly arbitrary fashion.
An analysis of the research methods of several different studies proves this point. One of the factors that is…… [Read More]
Family Discrimination Laws
States like Connecticut, New Jersey, and Alaska are taking the lead when it comes to passing laws protecting employees from discrimination based on family responsibility. These anti-family responsibilities discrimination (FD) laws are designed to protect workers, but whether they are a good idea is a matter of opinion. There are concerns that these laws may be abused, and that employers may end up bearing the brunt of missed days and dissatisfied customers because employees are missing too much work time to be with their families (Pynes, 2013). Personally, I do support the idea of anti-family responsibilities discrimination laws. I think that work is very important, but there should be a good work-life balance. Most people do not have that anymore, because they know they will likely risk being fired if they want or need to miss any work time to spend with their family. People should not…… [Read More]
Less dramatically, in my own personal experience I have known people who have engaged in minor acts of delinquent behavior, for no apparent reason, and I have (successfully, I believe) had to deal with peer pressure to engage in antisocial acts.
In this course I would like to learn more about the juvenile justice, theories of why young people commit crimes, and how someone's family influences the likelihood that they will commit a crime. On a persona level, I am interested in family law in general, since so many of my friends come from divorced homes and have had to deal with the family court system. I think the course would prove useful in many fields I might choose to enter, including education, social work, the law, or law enforcement.… [Read More]
Family Law eform
Briefly describe major features of women's roles and positions in Confucian patriarchal and patrilineal family.
The Confucian patriarchal and patrilineal family had very limited roles for women. This occurred with them serving as second class citizens when it comes to their inheritance and overall place in the family. In other words, the male family members were first in line for power, authority, influence and assets. If something happened to them, is the when women would receive property and play a greater role. In many cases, they were less influential in their ritual responsibilities when it comes to their ancestors. Inside the kin group, they were subservient to males. This meant that they were not educated and served as the nurturer for raising the lineal heirs. While at the same time, they were expected to remain silent in public and perform various duties around the house. (Shin, 2006)…… [Read More]
As one commentator notes; "What this adds up to is, in my view, a significant shift in the balance of work and family life. oles are changing, the nature of care is changing, and the stress related to juggling the balance is increasing (Edgar, 1997, p. 149)
A number of statistics also help to outline the nature of the family structure in a developed economy like Australia. In terms of workforce participation, the figures are as follows: "….86% for fathers and 56% for mothers in two-parent families, and 65% for male and 43% for female sole parents"(Edgar, 1997, p.151). This is also indicative of a shift in the role of the female as solely a homemaker. "In 1993, 53% of couples with dependent children were both employed & #8230;" (Edgar, 1997, p. 151). Therefore, there are still imbalances and disparities in terms of the family structure and this is a…… [Read More]
d., pg. 67). Thus, the definition of the British family is almost wholly contained within a woman's decision. Women who have children and enter the workforce create new trends in British family life, such as the fact that children are cared for primarily by professionals working in the home, at nursery schools, or grandparents (Kathleen, n.d., "Family Life," 2009). The redefining of family relationships to give equality to both the husband and wife and the problem of finding childcare while both parents work is a result of women's entry into the workforce and modern conceptions of family life.
While these characteristics apply to the primary types of families in the United Kingdom, it is important to recognize that this state is diverse in terms of ethnicity, culture, sexual orientation, religion, etc. Cloud (2008) discusses the difficulties in conducting research for one often not-discussed portion of society -- homosexuals. Cloud (2008)…… [Read More]
Families, Delinquency & Crime
The fundamental changes occurring to families in the 2st century can be classified into two different categories, depending on the internal or the external perspective that is used in the analysis. The external perspective proposes an analysis of the sociodemographic changes that have occurred to families under the impact of the external factors of the 2st century. The sociodemographic changes are characterized both by the numbers, by a quantitative reflection of families, and by the relationships that are formed within each family.
From the first perspective, the 2st century has imposed both changes in the number of families (some cultures, notably the Western ones, have encountered decreases in size because of an increased reluctance of individuals to get married) and in the formation of these family groups. As such, in many of these family groups, the norm has translated from a man-woman marriage as the basis…… [Read More]
It also varies with urban or rural residence. Urban households commonly earn more and enjoy a higher standard of living than rural households. The allocation for food spending corresponds to the biggest part of the family budget. However, as family income increases, the share in food in consumption expenses generally drops. This is most likely because of the popularity of "fast foods" nowadays.
The process of socialization takes a lifetime whereby the individual acquires the established beliefs, values, sentiments, norms and behavior of his group and society. It is through socialization that the individual becomes a functioning member of his group. It is also through this process that values, customs and beliefs are passed on from one generation to the other.
Because of the significance of early experiences and primary relationships, the family remains to be the most important socializing agent in the child's life (Davidson and Moore,…… [Read More]
It is expected that an initial
investment of $400,000 will be needed in order to effectively establish the Center. In addition, the Center will require a maintenance cost of $50,000 per month.
5. Budget and Strategy
Strategy 1: Arranging meetings with community leaders
This strategy ensures that the community at large will accept FAC in its capacity as an establishment to provide help and counseling within the existing cultural, religious, and educational paradigms. Public trust is important for the success of the Center. Specifically, this strategy includes arranging meetings times, venues and refreshments. This is estimated at a budget for about $5,000 per meeting. This strategy will also include the possibility of securing the services of a cultural consultant; preferably also a person with some standing in the community. The budget for this is estimated at an initial fee of about $3,000, which will repeat monthly for as long as…… [Read More]
"While biological and psychological factors hold their own merit when explaining crime and delinquency, perhaps social factors can best explain juvenile delinquency" which "is a massive and growing problem in America." (http://www.skidmore.edu/academics/english/courses/en205d/student7/stud7proj2.html)
Doggett, a. "Juvenile Delinquency and Family Structure" http://facstaff.elon.edu/ajones5/Anika's%20paper.htm
Goode: 1994, 1997, 2001, 2005; and Pfohl, Images of Deviance and Social Control, 1985.
Social Disorganization at the micro level:
Control Theories: Why most don't deviate?"
Owner: obert O. Keel. Last Updated: Monday, October 3, 2005. http://www.umsl.edu/~keelr/200/socdisor.html
Miller, a.(2005) Every Smack is a Humiliation-- a Manifesto
Ormrod, J.E. (1999). Human learning (3rd ed.). Upper Saddle iver, NJ: Prentice-Hall. "Social Learning Theory" http://teachnet.edb.utexas.edu/~lynda_abbott/Social.html
Schegel, K.(1998) Lecture Notes. http://www.indiana.edu/~theory/Kip/Control.htm
Juvenile Delinquency.Family Structure" http://family.jrank.org/pages/1006/Juvenile-Delinquency-Family-Structure.html
Causal Theories of Juvenile Delinquency: Social Perspectives" http://www.skidmore.edu/academics/english/courses/en205d/student7/stud7proj2.html
Control Theory 2" http://www.homestead.com/rouncefield/files/a_soc_dev_6.htm… [Read More]
Many nations do not use restorative justice as a policy, but eventually bright, progressive leaders worldwide will hopefully learn the value of restorative justice, and implement it at some level.
Youth Justice Process in New Zealand. (2005). Family Group Conference. Retrieved 29 June 2008, at http://www.justice.govtnz/youth/fgc.html.
This government-produced review of the ideologies and practical implementation of the Family Group Conference was a valuable and basic article in terms of the understanding the process and how it works well in most cases.
The Family Group Conference in New Zealand
The Family Group Conference (FGC) was established in New Zealand in 1989, with the purpose in mind of more skillfully and more fairly dealing with problems and issues of boys and girls (under the age of 14) and young people (14-16) who get in trouble with law enforcement. According to information provided by the Youth Justice Process (www.justice.govt.nz),the FGC has modernized and…… [Read More]
Forms of marriage that should be legally banned
ay marriage violates the sacred texts, traditions, and beliefs among many religious organizations. For this reason, it must be banned. The American Baptist Churches, Association of Evangelicals, United Methodist Church, Presbyterian Church, and the Catholic Church have all opposed same sex marriage. If marriage is expanded to incorporate, gay couples may encourage religious organization to marry same sex couples and schools will teach kids that opposite sex marriage is same as same sex marriage.
Marriage of children or underage girls has been closely linked to the increase in the spread of HIV / AIDS. The trend of men marrying young girls has been a condoned social norm. Therefore, it must be declared illegal based on the promulgation of the 2012 Children's Welfare and Protection Act. Evidently, the practice should be banned because of the conflicts with the provisions of the constitutional clauses.…… [Read More]
Once the children are of age, the parents' duty to take care of them reduces as the child takes charge to start a new life somewhere else. The parent usually has saved enough money through life insurance scheme and retirement savings to cater for himself after retirement. hen the child is grown, there is no dependence between the parents and children. Traits like hard work and honesty are encouraged towards children to ensure their survival in different societies when he grows up. In some cases when the parent is too weak and old to look after himself, he is taken to a home for the elderly since none of his children is available to take care of him (Stewart et al. 580).
The other model of family model is the model of psychological or emotional interdependence. In this model, the children are of less material help to the family. Parenting,…… [Read More]
Though Antigone is certainly the protagonist of the play, she makes her decision very early in the action -- she chooses to bury her brother despite the civil disobedience and disrespect of the State that it shows. Ismene, on the other hand, wavers between the two duties. hen Antigone is caught, her sister tries to take the blame with her: "But now you're in trouble, I'm not ashamed / of suffering, too, as your companion" (Sophocles, 540-1). Though Ismene's motives might be somewhat questionable, she is at least claiming a sense of duty and companionship with her sister -- and a desire to honor her brother -- by joining in the guilt of the act against the State. Antigone will not let her, again for reasons that could be put under debate. One possible explanation for Antigone's refusal to let Ismene share the punishment for the act would be her…… [Read More]
If the child is punished for small infractions of the rules and other children are not, this makes him feel that life is unfair, and makes him act in the ways that he is expected to act. Formal labeling is manifest when teachers treat students labeled as gifted as brighter, which motivates the children to perform better on tests, or when students labeled as 'special education' or 'ESL' are assumed to be capable of less than other children. If less is expected of them, they will naturally perform at a lower standard.
Q5. Identify some of the factors that could lead to inept parenting in single parent family households.
Even the best single parent faces considerable challenges. Single parent households tend to be less affluent economically, which automatically presents a difficulty in terms of ensuring that children have safe and healthy environments in which to live. Single parents…… [Read More]
Reclaiming Children and Youth.. Retrieved October 02, 2009 from HighBeam Research: http://www.highbeam.com/doc/1G1-206794465.html Wester, K, MacDonald, C & Lewis, T. (2008). A glimpse into the lives of nine youths in a correctional facility: Insight into theories of delinquency.(Report). Journal of Addictions & Offender Counseling. American Counseling Association. 2008. Retrieved October 02,
2009 from HighBeam Research: http://www.highbeam.com/doc/1G1-178713105.html
Gibbs, J., Potter, G.B., DiBiase, a.M. & Devlin, R. (2008). The EQUIP program: Helping youth to see -- really see -- the other person: Youth who present anti-social behavior need powerful interventions that strengthen empathy, counter negative peer influence, and challenge thinking errors. Reclaiming Children and Youth. Retrieved October 02, 2009
from HighBeam Research: http://www.highbeam.com/doc/1G1-183982220.html
Harkwick, K. & Brannigan, a. (2008). Self-control, child effects, and informal social control: A
direct test of the primacy of sociogenic factors. Canadian Journal of Criminology and Criminal Justice. Canadian Criminal Justice Association. Retrieved October 02, 2009
from HighBeam Research:…… [Read More]
In fact, many studies show that deviant or antisocial children may experience a strengthening of the bonds between parents and society in the process of their development.
Therefore, while social control theory is one view, there are many alternative theories that take other findings and variables into account. In general, the view that a deviant child who does not change by a certain age is "condemned "to a life of crime if sharply criticized, as it often does not concur with empirical findings. Theories put forward by Gottfredson and Hirsch propose another view of the life-course towards crime that takes into account the fact that in many case early deviant behavior does not necessarily lead to a life-long pattern of criminal behavior.
Describe the labeling theory and the consequences that labeling can have on a child. Should we be concerned with labeling? Why or why not?
In essence,…… [Read More]
In summary, observational preexperience had differential effects on the timing of subsequent contingency performance of infants (p. 693)."
This research supports the potential for vicarious learning as a pre-emptor to juvenile delinquency when the family, academic, and social conditions are reflective of the elements that reflect a lack of structure, participation in community, poverty, and poor education systems that are not financed to provide the infrastructure in a child's early years.
4. Explain your understanding of Baumrind's Typology of Parenting Styles. Based on your understanding of the parenting styles described by Baumrind, which style of parenting style is most effective? Which is the least effective style of parenting? Why? Be sure to support your answer.
Diana Baumrind discussed parenting types, the authoritarian parent, the permissive parent and the authoritative parent (Grolnick, W., 2003, p. 5). Baumrind's description of the parenting styles is:
The authoritarian parent attempts to shape, control, and…… [Read More]
In fact, this theory does well to explain the prevalence of modern youth gangs. First, gang members oftentimes engage in behavior that is absolutely contrary to the norms and rules that they have learned at home, but, because of a lack of belief in society, at large, they allow themselves to discard those norms. Therefore, delinquents are "free to engage in virtually any opportunity for deviant behavior that presents itself." (Simon, Simon, & Wallace, 2004, p. 22). In addition, social control theory does not suggest that being friends with a delinquent leads to delinquency; on the contrary, it suggests that people seek out the companionship of similar people, so that delinquents will frequently seek out the company of other delinquents. Therefore, delinquents will flock together and will be willing to commit a wide-range of delinquent behaviors. Moreover, they may become bonded to the gang in a way that they were…… [Read More]
At the same time, the Japanese parent will likely encourage the child's freedom, especially in the early stages of life, while the American parent will tend to correct from early stages of development any misbehavior or errors. With the relationship mother-child, the Japanese mother will tend to emphasize less the development of the communication side for the child and will prefer a more symbiotic relationship (Ibid. page 71).
4. A family can best be defined through some of the main characteristics it has. However, one should also known that there are some general characteristics that everyone accepts as to what a family is and several others that are only accepted by groups of individuals as to what the family is. As such, both aspects need to be taken into consideration and discussed.
First of all, the family is judged to be the fundamental unity cell of society. From this perspective,…… [Read More]
Specific recommendations for family therapists who employ parent training techniques are offered.
Summary and Conclusion
While Rogers does not completely define precisely the 'human' it is easily understood to be that of all aspects of the individual therefore, the environmental/ecological interaction theory, while not perfect is a good basis for the provision of healthcare to families by the nursing professional. Every aspect of the lives of a family illustrated through the interactions between the individuals and the community, neighborhood, place of employment, daycare institutions or school, laws, safety precautions, travel, mode of travel, mode of living, housing environment and indeed all elements expressed by the Macro, Micro, Meso, and Exo Levels effect the individuals. The individuals affect the environment and the elements contained therein as well through either actions or even inactions. These two facts clearly demonstrate the validity of the theory and the theoretical framework base described in this…… [Read More]
Family Policy Integration
I discourse on family policy integration and education including a systematic approach to family policy and overview of the many reasons family integration helps communities prosper. Detailed analysis of why human service organizations benefit more from integration than the current method of providing services to individuals, which is more costly and tends to see families as separate entities.
Family policy integration and education is a systematic approach to family policy that would focus on reducing the need for developing programs and services that target individual adults and children, and focus instead on strengthening and empowering families (odriguez, et al., 2011; Westman, 2009). The goals of family policy integration include developing services which allow families to become sustainable, and human services organizations to take charge of programs in a manner that allows them to take ownership of programs that require greater accountability for their results (Westman,…… [Read More]
He has been expelled from three school since he began his education and is currently attending junior high school after last attending a small charter school in his community. The shoplifting incident also caused his mother to ask his father to take him back into his home, he has lived with mostly his mother with infrequent visitation from his father, except for a year period where he lived with his father and stepmother and their other children, which ended at age 12 when he tried to vocalize feelings of concern about puberty to his stepmother and she perceived the conversation as deviant and asked that he be returned to his mother.
Justin's anti-social behavior began at birth but has had periods of extremes, beginning with near constant conflict with his mother over mundane requests as well as other general rejections of authority, including an incident of extreme foul language focused…… [Read More]
Law Enforcement Introduction
The Modern Police Forces
Prior to the formation of the Philadelphia force in 1833, policing primarily consisted of "night watches" and sheriffs recruited from the community (Sabeth). The role of law enforcement was ad hoc in nature to fight crime, night watch patrols, and not an organized or uniform organization. Incidentally, the rural nature of the country did not necessitate an established and robust policing force until the urbanization and industrialization of the 1830s and 1840s. In response to a growing need to maintain law and order on city streets, a significant and visible presence was needed to counter riots and avert crime.
Philadelphia, and later New York, first established polices forces whose jurisdiction and duties were attended twenty-four hours a day (Sabeth). The significance of the modern police force was that it was developed to prevent crime, law enforcement, and maintain order by being visibly present…… [Read More]
FAMILY DOLLA & MODELLS ANALYSIS
Family Dollar & Modell's Sporting Goods Analysis
Family Dollar & Modell's Sporting Goods Analysis
The award winning series Undercover Boss is a CBS reality show series that is about a senior management boss of a corporation who works as an undercover in a bid to discover, along with understanding the operation of the whole business. This likewise helps them to be able to recognize if there are any gaps in the corporation so that they can come up with the best way of speaking to them as a result. However, As CEO of Family Dollar, I am going to compare 2 positions from Undercover- Boss season 5 episodes 7. I would compare distribution center "warehouse" and Sales associate.
My name is Xavier Lewis, CEO of Family Dollar. Since 1959, when Family Dollar first swung its doors open to the public their doors (Leonard,…… [Read More]
While it is a felony to flee the scene of an accident, a police office is ethically bound to report the issue if he himself is in such an accident. The same is with drunken and disorderly behavior or destruction of property. In "Choirboys" the police officers would congregate in a park after hours to engage in drunkenness, disorderly behavior and sexual orgies with women. And this park was supposed to be out of bounds and closed to the public after hours.
The introduction in this essay already alluded to the "blue wall of silence" that accompanies every police organization. This is an exclusive fraternity and officers are required to look after and out for each other. In fact, beat cops see themselves as removed from the detective squad, whom they refer to as suits. Certainly, most police hate the Internal affairs squad, though they were once beat cops…… [Read More]
Second, I would look at whether I had provided my subordinates with a common purpose, and whether I had taken the time to explain that purpose to my subordinates. Third, I would determine whether I had ensured that my subordinates understood priorities, both my priorities and the priorities of my superiors. Fourth, I would examine my methods of confliction resolution to determine whether I had been using a win-win method of conflict resolution or if I had been adhering to older, punitive means of conflict resolution. Fifth, I would examine my policy towards my subordinates; did I listen to them when they came to me with problems, or did I try to offer solutions without really hearing what they had to say. Sixth, I would look at what I had done to promote synergy; whether I had done anything to actively encourage community cooperation with my organization. Finally, I would…… [Read More]
11. The issued rose in this case is unauthorized use of a company vehicle, which resulted in an accident. Prater was told to bring the truck home over the weekend to work on the body only. His boss never gave him permission to use the truck for any other purpose. Besides, the insurance on the truck would probably only pay for the accident if it occurred on company time. Prater could be charged for stealing the truck and unauthorized use. The ruling in this case should be for the plaintiff. Prater should have to pay for the accident and repairs to the truck.
5. In this case, the city is still the rightful owner of the piece of restored artwork. It does not matter how long Hoeltzer had the artwork, it is still the property of the city. Therefore, the city has legal title to the artwork unless…… [Read More]
Moreover, the risks posed by felons with known propensities (or stated intentions) to respond violently to law enforcement apprehension efforts are usually subject to judicially approved no-knock arrest warrants; therefore, they can be excepted from this particular element of analysis.
However, a subject who is forewarned of officers' intention to breach his home's entrance by the amount of time required by knock and announce standards presents the worst case scenario for all involved: he may be insufficiently startled to preclude any response on his part in the manner of a subject who is completely surprised (or fast asleep) at the moment of entry; but he may have just enough time to reach reflexively for stowed or secreted weapon while at the same time being deprived of sufficient reaction time and/or cognitive awareness to perceive the inadvisability of doing so under the circumstances, with deadly results. Stated very simply, a startled…… [Read More]
Specifically, perimeter security requires protocols for continuous monitoring of the entire perimeter, especially in conjunction with responding to potential breaches in any given sector (McGee 2006). Grounds and perimeter security also requires scenario-based training in conjunction with non-security-related emergency procedures. Specifically, periodic emergency drills involving building tenants and personnel may present a vulnerability where grounds and perimeter security procedures are not equipped to accommodate larger than normal volumes of foot traffic, such as typically associated with fire drills.
Optimal grounds and perimeter security protocols must include procedures for accommodating the increased traffic necessitated by non-security-related emergency drills without compromising general grounds and perimeter security considerations. For the same reason, information detailing emergency drill schedules must be protected from unauthorized access or unnecessary dissemination in advance (Larson 2007).
The primary technological advances in physical facility, building, grounds, and perimeter security relate to computerization of relevant security information and its…… [Read More]
International law: Paralegals in this field may work for government agencies that deal with international trade or multinational firms. Expertise in foreign languages is preferred.
Corporate law: Paralegals in this field assist "with employee contracts, shareholder agreements, stock-option plans, and employee benefit plans. They also may help prepare and file annual financial reports, maintain corporate minutes' record resolutions, and prepare forms to secure loans for the corporation" (Paralegals, 2009, BLS).
Criminal law: In criminal law practice, paralegals are often given the task of identifying "appropriate laws, judicial decisions, legal articles, and other materials that are relevant to assigned cases" (Paralegals, 2009, BLS). They may depose witnesses, keep track of evidence, or more generally monitor the progress of cases through the criminal justice system.
Litigation: Litigation paralegals "analyze legal material for internal use, maintain reference files, conduct research for attorneys, and collect and analyze evidence for agency hearings. They…… [Read More]
criminal justice. Each question must be 300 words long.
Identify the requirements for the insanity plea in your jurisdiction and contrast this with the M'Naghten standard, the Brawner standard, ALI standard, and the Durham rule. Identify similarities and differences. Support you response with examples from your research and reading assignment.
In the 1843 case of the United Kingdom House of Lords Decisions of Daniel M'Naghten's, the court determined that an insanity plea to would hinge on whether the defendant knew what he was doing, or, if he did know what he was doing, did he know that it was wrong. In 1972,the U.S. v. Brawner case in the D.C. Circuit Court of Appeals determined not to involve the jury in the determination of the defendant's mental state. This decision was grounded in the ALI test of a Model Penal Code. The Brawner rule overturned the Durham Rule, which was overly…… [Read More]
Also in the case of divorce, the spouses have to bear the responsibility of proving what all falls under community property for ensuring equitable distribution. Hence we can see that community property law is effective and promotes equity, but, there are certain wrinkles which need to be ironed out for ensuring that the law is followed fairly and justly.
Abts, Henry W. (2002) "The Living Trust: The Failproof Way to Pass Along Your Estate to Your Heirs..." McGraw-Hill Professional.
Gregory, John DeWitt; ichards, Janet; Wolf, Sheryl L. (2003) "Property Division in Divorce Proceedings: A Fifty State Guide" Aspen Publishers Online.
Lawyers Attorneys. (2007, May) "Community Property Law" etrieved 17 April, 2008 at http://legalcatch.wordpress.com/2007/05/22/community-property-law/
N.A. (2008) "Family Law - Divorce Law - Community property" etrieved 17 April, 2008 from http://family-law.freeadvice.com/divorce_law/1community_property.htm
N.A. (2008) "Married Couples: Who Owns What?" etrieved 17 April, 2008 at http://www.nolo.com/article.cfm/pg/4/objectId/70F6390D-B251-4CA7-A0B734844FB69A31/catId/F251EA55-13A9-4EE0-85D21CEB27636030/309/298/AT/
N.A. (n. d.) "The Ins and Outs…… [Read More]
If a person to whom a ring is given can prove all three of these elements, then a court is likely to deem the ring to be a gift. Thus Heathcliff would have no claim to the ring at a future date in time.
"Alternative Dispute esolution - Guide to Alternative Dispute esolution Law," 2010, viewed 25 August 2010,
"Australian Family Law," 2010, viewed 25 August 2010,
"Australian Legal System Lecture 2 Case Law," n.d., viewed 25 August 2010, < http://www.google.com/url?sa=t&source=web&cd=9&ved=0CDEQFjAI&url=http%3A%2F%2Fwww.scribd.com%2Fdoc%2F36157559%2FTopic-2-The-Australian-Legal-System-20209&rct=j&q=Australian%20Legal%20System%20Lecture%202%20Case%20Law%20&ei=Njp1TI-AG4GAnwf3lI2kBg&usg=AFQjCNF4mVEaS2T-O84YTsbnHjkBn2TLGw&cad=rja>
"Lecture Five: Principle of Precedent," n.d., viewed 25 August 2010,
"Marriage Act,"1961, viewed 25 August 2010, < http://www.austlii.edu.au/cgi-bin/sinodisp/au/legis/cth/consol_act/ma196185/s111a.html?stem=0&synonyms=0&query=s111A>
"Top 2 The Australian Legal System," n.d., viewed 25 August 2010, < http://www.scribd.com/doc/36157559/Topic-2-The-Australian-Legal-System-20209>… [Read More]
The National Council on Family elations places a high degree of emphasis on the development of quality policy and programs. Methodical and research-based program development in particularly important, evidenced by the tenth major content area on Family Life Education Methodology (NCF, 2011). This content area refers to program effectiveness, measured by various established qualitative and quantitative means. It also refers to program progress and effectiveness specific to target populations. Education techniques, ongoing assessments, and sensitivity training needs are also taken into account by this provision of the NCF (2011). Finally, public relations are becoming increasingly important to the practice of family research, family counseling, and family law. Policy and program development are core applications. Therefore, this content area is of the utmost importance. ecent research validates the NCF (2011) provision as follows.
Fawsett, E.B., Hawkins, A.J. Blanchard, V.L. & Carroll, J.S. (2010). Do premarital education programs really work? A…… [Read More]
Mary Law entitled: "Autism Spectrum Disorders and Occupational Therapy' states of the autistic child that this child "may be the child who is standing in the middle of the field at recess spinning around in circles, or she may be the child who can't stand the way a certain fabric feels on her body or the way a certain texture of food feels in her mouth, or it may be the child who is throwing a severe temper tantrum because they just can't communicate their needs." (Law, 2006) According to Law, Autism Spectrum Disorder is characterized by four main categories:
1) Impairment in social interaction;
2) Impairment in verbal and nonverbal communication;
3) Restricted repetitive and stereotyped behaviors and interests and activities; and 4) Delays in development. (2006)
Law states that occupational therapy focuses on assisting individuals to "participate in daily occupations, including taking care of oneself, contributing to society…… [Read More]
For example, Archie couldn't prevent his black neighbors from moving next to him or stop his daughter's marriage to a liberal Polish man. Archie's ire stemmed from his belief that gains by minorities were coming at the expense of the hard working, lower-middle class whites such as himself.
Therefore, he used stereotypes to position minorities as groups of lazy people wanting a free ride and unfair favoritism. When Michael tells Archie that the black man and other minorities also want their rightful share of the American dream, Archie responds, "Now let me tell you something. If your spics and your spades want their share of the American dream, let them go out and hustle for it, just like I done." (Cited in Firetto and Gaffney, 2006). Archie refuses to acknowledge the struggles of minorities to earn their rightful place in society, stating that the black man has had more opportunity…… [Read More]
family in the UK
The traditional definition of family has always been unanimous among the various disciplines in life. Though the different disciplines may use different wording to derive the meaning of the concept of family, the underlying core similarities coalesced them all into similarity in definition and spirit. It basically boils down to a social unit that lives together, primarily a married heterosexual pair or couple and their children more often living together (Family Plus, 2009).
According to the anthropologists, the family was distinct from the household with the word family often used to refer to a group of individuals who have a common genetic connection. This genetic connection was manifest in the bearing and nurturing of children, ad the unit referred to as family had the right to property which was basically land at the moment.
It is evident with passing time and changing society that the definition…… [Read More]
trade libel is fair to business owners. Argue both sides of the issue.
From the general public's viewpoint, the definition of trade liable is accurate. This is because the store detained someone they accused of shoplifting. To determine where the stolen item was hiding; they effectively conducted a strip search by revealing private areas. At one point, Cockrell (the plaintiff) had to remove a bandage that was use to cover a recent scar from a liver transplant. He asked security not to remove it and they insisted. This is a clear violation, as the security at Wal Mart has no right to conduct these activities. Instead, they should have detained the person and contacted the police. (Statsky, 2011)
Wal Mart will argue that shoplifting is a major problem and they were following proper procedures. This occurs by bring the subject into an isolated area and checking them. After they have…… [Read More]
Lincoln Lawyer by Michael Connelly
In The Lincoln Lawyer, a legal thriller novel, Michael Connelly delves deep into the inner-dynamics of criminal justice system, highlighting the disconnect between the system's underlying idealistic philosophies, and the often ethically questionable, practical realities of how the system actually plays out. The protagonist, Mickey Haller, is a successful and well-known Los Angeles criminal defense attorney and trial lawyer, who operates his practice out of the back seat of his chauffeured Lincoln Town Car. Haller displayed a highly cynical attitude regarding the nature of the justice system, asserting that "[t]he law was not about truth. It was about "negotiation, amelioration, manipulation." Haller saw himself as a mere "mechanic," working with a "large rusting machine that sucked up people and lives and money." His 15 years of 'wheeling and dealing' in the system, representing gangsters, drug dealers, prostitutes, and thugs, led him to conclude that the…… [Read More]
Crimes Committed Against Persons in the United States
The United States is one of the world's super powers. Like any other country, it experiences the challenge of crimes committed against people too. The FBI has shown that the rate of violent crimes committed in the US has been declining for the past two decades. Violent crimes can be classified into types that include rape, murder, aggravated assault, and robbery. Statistically, the rate of crimes committed to people in 2016 decreased by 1.1% when it is compared with those reported in 2015. The rates of crimes against people vary across regions. For example, the FBI reports that in 2016, there was a positive change in the rate of 2.0% in murder cases in Northeast region and 1.2% in Midwest (Federal Bureau of Investigation). Therefore, this research paper examines the different types of crimes committed against persons in the US, their characteristics,…… [Read More]
During this Diaspora, the African Slave Trade transferred 9-12 million people from one continent to another with major repercussions on cultural and political traditions in the New World. There have been a number of modern Diasporas based on the post-Cold War world in which huge populations of refugees migrated from conflict, especially from developing countries (Southeast Asia, China, Afghanistan, Iran, Latin America, South American, Rwanda, etc.).
Part 1.2.1 - Civil Law is a legal system inspired by Ancient Roman law. In Civil law, laws are written into a codified collection that is a group of ideas and systems that work in tandem to help organize societies without the need for judicial interpretation. Overall, civil law is in place to formulate general principles and to distinguish substantive rules from procedural rules, and is based on the tenet that legislation is the primary source of law.
Conceptually, civil law is a group…… [Read More]
Federal and State Legislation
Domestic Violence Legislation at the Federal and State Level
Domestic violence is considered any violent act taken against someone involved in an intimate or family relationship (Eulich, 2013). It is a serious problem with countless victims each year. In 1994, Congress passed the United States Crime Bill which gave power to the federal government to help combat domestic violence, in particular violence against women and children. Specifically, the Violence Against Women Act (VAWA) was created to address this problem which is considered to not only hurt victims, but also damage families, children and society as a whole (Eulich, 2013). The Act mandates that such crimes may be prosecuted by the Department of Justice and that the Gun Control Act (that existed as part of the federal Crime Bill) be extended to include issues related to domestic violence crimes. This VAWA gives the federal government a platform…… [Read More]
Add to this confusion the growing prevalence of telecommuters and the issues of the FLSA become even more complicated. Of course some telecommuting positions fall into the exempt category, and therefore are not subject to overtime pay, however some do. Due to the freedom to engage in 'private pursuits', employers may monitor when a virtual employee logs onto his or her computer and may require that he or she get permission before working overtime (Gabel & Mansfield 2003, 316). Only by fully understanding the FLSA and the legislation that has evolved from its implementation, can Human Resource professionals be certain to obey the regulations and not compromise their organization.
In addition to the monitoring of ever-changing compensation laws, Human Resource professionals must also be well versed in discrimination legislation as well. The Civil Rights Act of 1964, one of them of the most important pieces of discrimination legislation created,…… [Read More]
Another case illustrates how important proper investigation can be to the outcome of a case. Various authors cite the case of a fire in a home that killed two children. The children's mother had left them in the care of her boyfriend, who left them alone and left the residence. A small fire was seen burning outside the home after he left. The authors note, "The suspect was arrested and charged with arson and murder. Law enforcement authorities claimed that accelerant was detected on the suspect's clothes and in fire debris sampled outside the dwelling" (Various authors, 2003, p. 127). In fact, the accelerant found outside the home was completely different from that found on the suspect, (which was gasoline), and eventually the charges were dropped. The defendant worked as an automobile mechanic, which explained the presence of gasoline on his clothing. This indicates how a botched investigation can lead…… [Read More]
The National Housing Act indirectly promoted the idea of lenders offering much longer-term mortgages with the currently accepted concept of monthly payments with the dual interest and principal payment scale. Amortized real estate mortgages opened the door for an average person to purchase and own a single family home.
As a result of the National Housing Act, the United States government inadvertently committed itself along with private lenders to insure long-term mortgages that could be held for as long as twenty or more years at an interest rate that was affordable. Although the process at first was bogged down by paperwork and bureaucracy it eventually caught on.
Part of the reason the process took hold was because in addition to guaranteeing the loans, the National Housing Act through the formation of the Federal Housing Administration also investigated properties and neighborhoods which added an extra measure of security and guaranteed real-estate…… [Read More]
In order to fully safeguard the country's borders, it is necessary to take into account that criminals tend to develop as fast as new technology can be implemented. Hence it is important to improve methods for intelligence, surveillance and reconnaissance, analysis and training, and support efforts to deter not only illegal aliens, but also the substances some of them bring into the country. On the other hand, it is also important to recognize the human element inherent in the immigration problem. Some believe they have no choice but to risk their lives in order to have any quality of life at all.
Camarota, S.A. (2004). The High Cost of Cheap Labor: Illegal Immigration and the Federal Budget. Center for Immigration Studies. etrieved from http://www.cis.org/articles/2004/fiscal.pdf
Msnbc.com. (2010). Obama orders 1,200 Guard troops to border. etrieved from http://www.msnbc.msn.com/id/37340747
The White House (2010). emarks by the President on Comprehensive Immigration eform. American…… [Read More]
Psychology of Marriage and Family Systems
Considering the reading assignments in both texts, what do you see going on with Pete and his family?
Family dynamics is affecting Pete and his family. The point of focus is the pattern of dynamics apparent in Tim's family, including the impact that the youngsters behavior has on the family members. The following points affect family dynamics:
Intra-parental relationship number of youngsters in the family persona of each of the family member an absence of a parent the assortment of individuals who are living under the same roof level and type of influence from extended family or others a chronically sick individual within the family a veritable assortment of societal and emotional trauma faced in the past by elders, such as an divorce, affair, unemployment, death, homelessness familial attachments, or lack thereof (i.e. insecure, secure)
inherited features of family members through generations…… [Read More]
Law for Aquinas is God and a True Example of Aristotle's Prime Mover
Natural law requires minimal moral content as a prerequisite for viewing something as in contravention of the law, while the positivist school holds that the law is whatever the state (in whatever form that exists) says it is. The concept of the natural law has the advantage of being based on something immutable, though admittedly morality may differ somewhat from one society to another. The concept of natural law was first developed in the Greek world and has been carried through to the present day. There are a number of different approaches to this concept. The Graeco-Roman tradition held that there was a natural law that was accessible to mankind through reason. Christian theorists adopted aspects of Cicero's Stoic philosophy, an example of natural law, because of its emphasis on moral content. The Christian legal philosophy that…… [Read More]
Child welfare services have a complicated history in America and still today face a continual crisis. On the one hand, foster care requires resources from the state and breaks up families; on the other hand, implementing family preservation plans carries its own risk. This policy reform paper will examine the problem presented by The Family First Prevention Services Act (FFPSA), enacted as part of Public Law (P.L.) 115–123, also known as the Bipartisan Budget Act of 2018. It will then provide analysis of the problem from the standpoint of historical, social, economic, and political perspectives. It will then examine the policy, evaluate it and discuss current proposals for reform.
It is recognized that removing children from their families and placing them in foster group home services can be psychologically and emotionally damaging for the child (Ringel et al., 2018). However, leaving children in families where abuse is…… [Read More]
data collection includes survey form, structured interviews using closed ended questions, and gathering information regarding a sample size appropriate to analyze and draw conclusion on the basis of the research results. The statistical techniques are used for data analysis to analyze collected data in quantitative research methods. The qualitative data is gathered through case study method and open ended question of an unstructured interview from notable sample. The qualitative methods of research are also equally popular in understating the ignored aspects of a topic. The research question discussed below is addressed on the basis of qualitative and quantitates research methodology.
What is the role of social media in affecting law enforcement?
The usage of internet has increased over the past years. Internet technology has encouraged a revolutionary change. Starting form the desktop computers, laptops, handheld computers, to a variety of internet enabled cell phones has created a huge…… [Read More]
United States, the scope of responsibilities of a sheriff varies across states and counties. The sheriff is most frequently a chosen/elected county official, serving as the arm of the parish court or county. However, some cities, a good example being the Commonwealth of Virginia, have a sheriff's office with dual purpose as the arm of the city jail and court. The sheriff can also perform court duties. These may encompass such functions as managing the city or county jail, providing courtroom security as well as prisoner transportation, assisting in serving warrants including serving process. Within urban areas, the sheriff may be constrained to those duties. Numerous other sheriffs as well as their deputies may serve an area as the main police force. In addition to also having jurisdiction over the whole county even in what some may consider more urban areas (Sullivan, osen, Schulz & Haberfeld, 2005, p. 123).
In…… [Read More]