Lawyer pay ranges vary widely from location to location, position to position, and experience level to experience level. This means that a law school student should expect to make more the longer they have been a lawyer and the longer they are able to develop a community or company presence. Lawyers can make as little as $40,000 working for a small firm or independently or they can make millions in the right position. Students graduating from law school should expect to make between $50,000 and $80,000 their first year as lawyers, with many factors influencing these numbers (Levit and Linder, 66). This is typically enough to successfully pay down any student loan debt while maintaining a relatively comfortable lifestyle. In the current economic recession, things have changed a bit. Recently, law school graduates have become more of a commodity, given that student loans and opportunities have not been what they…… [Read More]
ut experience shows that the concern for the safety of others, particularly of possible or future victims, becomes stronger than the rule of confidentiality or an attorney's loyalty to the client. The attorney should continue to encourage the client to confess his own crime for his own benefit in the long run. And the effect that non-revelation will have on the attorney and his relationship with the client is that it can erode the integrity of the relationship itself. It must be built on honesty and integrity. The attorney cannot be effective by colluding with a guilty client. He must tell the client that the truth will eventually come out (Schneider & Levinson).
Resolving an Ethical Dilemma
Philosophers performed this according to one of two general approaches (White, 1993). The first is based on the practical purpose of the act and the second is based or judged according to the…… [Read More]
Edwards will be punished, but not in the same kind of fashion as everyone else (i.e. public lashings and prison sentences). ("Getting a Drink in Saudi Arabia") ("Saudi Arabia") ("Criminalization of Drug and Alcohol Addiction")
For example, if lead attorneys were able to discuss the case with prosecutors they could be able to work out some kind of plea bargain. Under this approach, Mr. Edwards would agree to pay a fine for his activities on the beach and will be deported from the Kingdom (with the understanding that he will not return). If this kind of scenario could be achieved, Mr. Edwards could avoid the severe penalties that he is facing. ("Getting a Drink in Saudi Arabia") ("Saudi Arabia") ("Criminalization of Drug and Alcohol Addiction")
To reach this objective, the American attorneys must hire legal counsel that is based in Saudi Arabia. They will provide specific insights about how this…… [Read More]
Firstly, a legal representative provides professional services, for which he or she is rewarded. A favorable outcome should then also carry with it extra rewards. Furthermore, a contingency fee can provide an incentive for legal representatives to give their best work and increase the likelihood of a favorable outcome.
5) the only reform of the legal process for tort actions that I would suggest is a more thorough investigation of the process before bringing the matter to trial. Furthermore, stricter measures should be implemented against official and federal entities in order to prevent and discourage an abuse of the process. Matters such as false evidence and favoring certain parties should be more strictly monitored by independent parties. Furthermore, money and power should play no role in the positions of the parties involved in the action. If wrongful death occurs, for example, the responsible party should be judged accordingly.
Polten…… [Read More]
There is "…Corrosion, especially during the last two decades, of the ideal of the lawyer-statesman, an ideal that joins the narrowly prudential character of private counsel with the broader virtues of public services" (Klinkenborg, 32). The operative philosophy that "…money will always be a vastly more far-reaching form of power than the command of ideas" explains the "enormous growth" of the number of lawyers in America in recent years, Klinkenborg asserts. The reader is "…invited, encouraged, to share McDeere's salacious glee as the perquisites of his new profession are heaped upon him," Klinkenborg writes (36).
McDeere receives "…an eel-skin attache, a BM [in the film it's a Mercedes], a new wardrobe, a low-interest mortgage, [and] the annulment of student loans," Klinkenborg writes (36). All of this "titillation" is part of the legal "culture" (36) the writer continues, and it is part of the "corporate lawyer's surrender to the ethic of…… [Read More]
Wasserstrom concentrates upon the relationship which is established between the lawyer and the client. He brings about two criticisms. The first one focuses on the relation between the lawyer and the other people in general, saying that "the lawyer-client relationship renders the lawyer at best systematically amoral and at worst more than occasionally immoral in his or her dealings with the rest of mankind."
The second one focuses on the relationship between the lawyer and the client. The author believes that this "relationship is morally objectionable because it is one in which the lawyer dominates and in which the lawyer typically and perhaps inevitable, treats the client in both an impersonal and a paternalistic fashion."
The whole morality issue is derived from the professional dimension, but in Wasserstrom's opinion, the case of the lawyer is different from other professions. The fact that the lawyers professional acts are directly connected…… [Read More]
This type of discrimination could become a serious legal issue if one of these white males could prove he was not selected exactly because he was part of the majority.
There is also a business perspective to this. The pressure that is put on the market by such a project may lead to a decrease in the quality of services that the law firms can provide. Unfortunately, because of an educational system that is often based on the income resources of the student participants, minority populations do not always manage to have access to the same type of education that upper class white males might, for example. It is an unfortunate thing, but it may be the case that someone who can afford to pay for law studies at Harvard is better prepared than someone from a minority population that went to community college. From this perspective, it would be…… [Read More]
Also, recipients must be carefully chosen so that those who receive scholarships will support the institution throughout their career and represent that institution via honorable social service or career success. Detecting promise early in a student's career can be difficult. However, experienced admissions committees can sense which applicants offer the greatest potential.
Because I believe that academic records and resumes only offer a partial picture of an applicant's potential, I would rely strongly on their performance in interviews. If had the opportunity to ask the applicant questions, I would focus on the student's future goals. Their dreams might illuminate their character in ways a written track record cannot. Some students are shy or have trouble expressing themselves in writing. Therefore, an interview allows all applicants to share parts of themselves that might not be evident elsewhere in their application.
All alumni owe a certain degree of gratitude to the university…… [Read More]
Legal Writing Conventions
I am no longer willing to continue in a relationship with you. I have tried very hard over the past several months to be patient with you. However, I simply cannot tolerate your behavior any longer. In fact, I am convinced there is something very wrong with you. It is simply unacceptable for you to hang up the phone on me, repeatedly, in the middle of our conversations. I can't think of anything more rude in a long distance relationship when two people spend so much time on the phone. I don't understand how you can profess to care for me and then behave in such a pathological manner. Perhaps that pathology is why you run out of restaurants when we're together. You don't seem to realize that crawling on the floor to get out of a booth is unacceptable behavior, and indicative of some…… [Read More]
As a practical matter, we think that unless a lawyer has, or anticipates, a considerable practice in the New Hampshire courts, he would be unlikely to take the bar examination and pay the annual dues of $125." The U.S. Supreme Court decided similarly in the Supreme Court of Virginia v. Friedman, when it struck down a requirement in Virginia barring non-residents from even taking the exam. The defendant, a Maryland resident, already had a full-time job in Virginia. The court found: "If a state denies non-residents such a privilege, it must have a substantial justification for the difference in treatment that substantially relates to the state's objective in correcting the problem. The practice of law, like other occupations, is sufficiently basic to the national economy to be deemed a privilege protected by the Clause. Although Virginia did not totally exclude nonresidents from practicing in the State that does not mean…… [Read More]
Crime Attenuant: How Lawyers Have Used P.M.S as a Criminal Defence for Women
Premenstrual Syndrome (PMS), the unique, often troubling physical and psychological symptoms that can accompany onset of menstruation in many women each month, has been used successfully in the past, and continues now to be used by lawyers worldwide (e.g., in the United Kingdom, Canada, the United States, and elsewhere) in defence of women accused of crimes (Johnson, 1987; McArthur, 1989; Eastreal, 1991; Dershowitz, 1994). Specifically, PMS symptoms typically are "Symptoms that begin 7 to 14 days prior to a menstrual period and usually stop when menstruation begins (Griffith, 1995, p. 500). Actual physical and psychological PMS symptoms may include:
Nervousness and irritability; Dizziness and fainting; Emotional instability;
Increased or decreased sex drive; Headaches; Tender, swollen breasts;
Bloating, constipation, diarrhea, and other digestive disturbances; Fluid
retention that causes puffiness in the ankles, hands, and face; Higher
incidence of…… [Read More]
In fact, most lawyers practice neither criminal law nor personal injury law; they assist individuals prepare wills, set up their businesses, protect themselves from financial risks, purchase homes, patent inventions, and respond to IS tax audits. Most lawyers spend long hours working at their desks and never actually see courtrooms or accident victims (Haskell 1998). Certainly, some lawyers are dishonest people without moral scruples or ethics who will do almost anything to make money. But more often than not, that is a function of the type of person they are, just as some schoolteachers, postal carriers, and even members of the clergy are dishonest and immoral.
Telemarketers suffer from common stereotyping as being dishonest, rude, inconsiderate liars who care only about making a sales pitch. As with other stereotypes, some telemarketers may fit those negative characterizations, but assuming them to be true about everyone who happens to earn a…… [Read More]
If you laid all of the lawyers in the world, end to end, on the equator - It would be a good idea to just leave them there. -Unknown
Ah yes, the lawyer -- the bane of civilized society as we know it -- the definition of self serving duplicity, concerned with the almighty dollar far more than facilitating the wheels of justice in their ever-toiling task. Indeed, the lawyer has come to represent all that is wrong in American society, from dishonesty to abject greed.
Even for my mother, kind hearted and trusting as she is, a visit to an attorney, or worse, a visit from an attorney, was cause for significant distress, distrust, and outright fear -- after all, she hardly had good experiences with the her attorney.
Again and again, as parents will often do, my mother would tell my sister and I…… [Read More]
criminal justice and American culture. Specifically it will discuss jail time served by Blacks, Hispanics and whites, and the lawyers who prosecute them. The statistics indicate that African-American men, especially between the ages of 25 to 29, are incarcerated at a higher rate than either Hispanics or whites. There are several factors that are associated with these statistics, including where these young men grow up, their income, and their education, among others. There is also the issue of racial profiling. This paper will look at these statistics and attempt to answer the question of why these young men serve more jail time than other American men do.
In most areas of violent and non-violent crime, African-American men are more represented in American prisons than any other race. Some people may feel African-Americans are more prone to crime and violence, but many studies point to several other factors in criminal activity.…… [Read More]
learn how the law works by memorizing a set of rules or theorems. A misconception lies in the commonly asked question, "What is the law?" -- since it presupposes that it's all laid out somewhere on great stone tablets. The truth is that the answer often is, "It depends." As you'll soon discover the legal system basically is a method of applying abstract rules or social policy to concrete situations. To comprehend its workings, you have to get involved in the process -- it's a little like learning to swim in that you've got to jump in and splash around a bit. It's not an unpleasant sensation, but it may seem little strange until you get used to it and learn to keep your head above water. You'll discover it's a bit like peeling an onion in that as you strip away one layer of complexity you find another one…… [Read More]
J. Simpson or John Gotti. In both cases, the defendants are entitled to the presumption of innocence only in court; but there is no such "presumption" in the intellectual "court" of one's mind.
A lawyer with integrity would refuse to represent any defendant he believed was probably guilty of horrendous crimes and simply let that defendant be represented by a court-appointed attorney who is obligated by law to represent any defendant who cannot afford a private attorney. If all criminal defense lawyers had high personal ethical standards, the Simpsons and Gottis of the world would find it impossible to retain any defense counsel other than those obligated by law to take their cases.
4. Define and briefly explain ethical dilemma. Of the four categories of dilemmas: discretion, duty, honesty and loyalty, which one applies best to the following situations? Explain your rationale. Also, explain how an officer might analyze the…… [Read More]
Twelve ESL learners who participated subsequently found that participating in text-based online chat rooms promoted a noticeable difference in their face-to-face conversations, particularly in noticing their own linguistic mistakes.
Psychologists stress little if any learning occurs without attention. "Text-based online chat, a particular form of synchronous computer-mediated communication (CMC) involving written oral-like conversation, has the great potential of increasing noticing for two reasons:
1. Compared to face-to-face conversations, CMC allows conversations to flow at slower speeds than face-to-face; consequently permitting "speakers" to have longer times to process receiving and producing the target language.
2. CMC can save texts (previous messages) in format that users may later access. (Lai and Zhao)
The following copy of "ESL Online Talk Community" illustrates concept Lai and Zhao present.
Practice makes perfect, but many ESL students do not have opportunities to practice speaking English. This Website is trying to establish an online community to enable…… [Read More]
..]; and (b) external factors that involve juror and defendant demographic characteristics" (Gordon & Anderson, 1995, p. 455-456). These factors can be difficult, if not impossible to overcome, and lead to numerous problems in the court system, from hung juries to incorrect decisions about guilt or innocence.
Trial lawyers are exceedingly good at using social psychology methods during trials. These lawyers use the principles of how people relate to each other and get along in life to make their clients seem more sympathetic and innocent to the jury and judge. For example, a murder suspect comes to court with his young baby in the front row for all the jury and courtroom to see. These psychological persuasion tactics are quite influential to many jurors, who have their own belief systems and ideas about what is right and wrong and the lawyers understand this and use it to their advantage.
eferences…… [Read More]
Same Sex Marriages Should Be Legally Sanctioned
Some of the most pervasive problems that exist within American society today are the problems of prejudice, stemming from fear of what is different and seems to be alien. Only by making what is alien seem to wear a more familiar, human face, can such deep-seated hatred be uprooted and destroyed. Prejudice, and the violence that is the result of such hatred, is particularly virulent against those individuals whom identify as homosexual, even if they wish to form stable and legitimate marital unions until death do them part. One of the reasons for this is because homosexuality is still seen as a vice, rather than as a legitimate bond between two loving people. The solution to this problem is to legally sanction same-sex marriages, giving same-sex unions equal legal and moral legitimacy as heterosexual unions.
Conservative opponents of same-sex marriages are quick to…… [Read More]
1 Times and Trayvon
The police unit that responded to the Trayvon Martin killing did not do a thorough inspection. They did not even know that Zimmerman’s car was there until his wife attempted to move it. They did not thoroughly canvas the neighborhood and knock and doors—otherwise they would have probably learned that Trayvon was a guest there at his father’s girlfriend’s place. The unit did not even have a homicide division because there were so few murders in the region. For that reason, it may be understood that there were gaps in the procedural work: they were simply inexperienced and not staffed for such an investigation. Would the case have ended up differently had the police been more thorough in their investigation? It is difficult to say: the trial quickly became politicized, which means a lot of talking heads were less interested in facts than in race war.…… [Read More]
Threat or perception of threat is best described by protection motivation theory:
This theory states that the extent to which people show preventive behavior in light of a threat depends on their protection motivation (. W. ogers, 1975, 1983). According to this theory, the level of protection motivation depends on the seriousness of the threat, the probability that the threat will manifest itself, the judged efficacy of the recommended behavior (called response or outcome efficacy), and the self-efficacy expectation relating to that behavior. (Wiegman & Gutteling, 1995, p. 235)
In a practical sense what this theory says about the perceived threat is that as incidences of observation occur in the lives of individuals, be they real or imagined they will likely become more protective and therefore attempt to engage in avoidance of behaviors that have been identified with the production of environmental threat. By doing so this the individual, and…… [Read More]
When she died in Toronto, after having a stroke while playing cards, her last words were "oddamn it, why did you lead that?" (Falk 315).
Until the end, she was strong, feisty and a true role model for all humans who strongly believe in and want to promote a cause. In oldman's biography, Falk clearly recognizes that oldman is no saint or a andhi, and will never be remembered as such. However, "Emma oldman provided an example for all women in the affirmation of her sexuality and her internal struggle with gender norms; she provided an example for all human beings in her total disrespect for the evil of institutions. She advocated freedom, which is admirable. But she lived freely in a world enslaved, which is heroic."
American Civil Liberties Union. News Reports. 7 August, 2007. http://www.aclu.org/safefree/nsaspying/31194prs20070804.html
Falk, Serena. Love, Anarchy and Emma oldman New Brunswick, NJ: Rutgers
University Press,…… [Read More]
The ole legal nurse consultant may provide service in a number of roles, including but not limited to:
Trainer and in-service presenter
Quality improvement, risk management, claims management
Liability insurance marketer and clinical resource" (Chizek, 2003)
As standards of care constantly change, medical and nursing staff must keep informed of current standard to develop and/or modify policies and procedures, which must be maintained and secured indefinitely. In the event the facility is sued, these will be used to establish the current standard during the time of the questionable occurrence. Policies and procedures also provide the legal nurse consultant with the foundation for facility documentation to be judged for compliance. (Chizek, 2003)
The minimum length of time the modified policies and procedures should be kept is the time frame of the statute of limitations in the individual jurisdiction. In most jurisdictions,…… [Read More]
Ethical Advantages and Disadvantages of an Appointed vs. An Elected Judiciary: The Case of Justice Harry L. Carrico
Following more than four decades of noteworthy judicial service, Justice Harry L. Carrico retired simply because he finally became too old to remain on the bench after he turned 70 years old. The valuable service by Justice Carrico is a good example of one of the advantages of an appointed judiciary, but his retirement has raised some questions concerning the ethical advantages and disadvantages of an appointed vs. An elected judiciary. To gain some further insights in this area, this paper provides a review of the article, "Carrico Ending 42 Years On High Court, Virginia's Chief Justice etires After 42 Years of Judicial Service," followed by a summary of the research and important findings in the conclusion.
eview and Discussion
A wide range of appointed and elected approaches are in place for…… [Read More]
The issues, problems and recommendations
The subject matter of the case study itself highlights a number of issues, factors and problems that existed at the Mermon Correctional Institution, which is located outside the Washington D.C. One of the most significant problems that the Mermon Correctional Facility faces in the case study is of the existing staff levels employed by the prison administration. According to many prison staff members, which also included the victim Correctional Officer Marsha Willis, the number of staff enrolled by the prison administration was less than the numbers that should have been present in an average correctional facility in the country. According to the classification of prisons made by the Federal ureau of Prisons, a correctional institution requires to have a high staff member to inmate ratio. Such a policy was in place to ensure that the prison security measures were up to the mark required for…… [Read More]
Health and Safety in Construction Industry
The construction industry is by far the most dangerous one as it takes more lives every year and results in many short- and long-term minor or severe injuries. The UK government regulatory bodies have been playing a significant role in ensuring that proper health and safety procedures are followed. Throughout the last four decades, its role has been impeccable in decreasing fatalities in the construction industry, although the excessive rules and regulations, frequent changes, bureaucratic structure and lack of project management and risk management techniques have dented its efficiency in protecting small construction companies and contractors, resulting in a compensation and claim culture engulfed with individual profiteers such as insurance companies, lawyers and health and safety consultants. These excessive regulations have pushed constructors to adopt some illegal practices in order to decrease cost and probability of claims from injured workers. The risk management and…… [Read More]
role of media in effecting the human perception regarding Juvenile Delinquency. The orks Cited five sources in MLA format.
Media affects our view of the world and the issues therein. This is because, "media messages are cultural products that communicate norms and standards" (Descartes & Kottak) As Dow views, "television programming (is) public discourse that carries important meanings for its viewers, meanings that cannot be separated from their links to the larger context in which television is created and received" (Descartes & Kottak).
hen extended to other forms of media, the above observation remains valid. Sequentially, the media in its own way has addressed issues pertaining to both work-family and the changing roles of parents thereby leaving a strong impact on its consumers, bringing about a change in their perceptions of various issues accordingly.
Therefore, it can be safely culminated that "the media both reflect and help shape…… [Read More]
Let such programs fund themselves through private charitable contributions. If they're justified they'll survive.
Laws and policies should be reformed so they protect all the rights and due process for both men and women equally.
In concluding, justice and fairness can only be attained and preserved where we rely on the judgment of people as jurors. hen we subtly suggest that they defer to expertise in human behavior for a judgment we're in for trouble.
A great deal of propaganda can be created these days to force people to think in a way they normally - and healthfully -- wouldn't. The abuse syndrome defense has gone beyond fairness. It's acceptance has triggered an enormous amount of unfairness in society -- aside from what the propanganda would have you know.
Bartholomew, K., Regan, K.V., Oram, D., & hite, M.A. (2008). Correlates of Partner Abuse in Male Same-sex Relationships. Violence…… [Read More]
For example, "in 1999, a Los Angeles jury issued the biggest punitive damage verdict ever -- $4 billion -- against General Motors (GM). The plaintiffs had been trapped and burned when their automobile gas tanks exploded. In court it was revealed that GM had chosen not to warn the public about the gas-line defect because it judged it would be cheaper to pay out individual lawsuits than to recall the defective automobiles," as explicitly stated in an internal company memo (Court 2004)
Do you think pre-conviction forfeiture in criminal cases is constitutional?
Strictly speaking, the practice is of highly dubious constitutionality, given that Amendment 7 of the U.S. Constitution requires a trial by jury to convict them of a crime. In some cases, pre-conviction forfeiture has been used to remove animals when someone is charged with abuse, which may seem like a noble use of the statute, but even then,…… [Read More]
The Karzai government adopted a five-point plan for accountability. It refused amnesty for gross violators of human rights abuses. An action plan was created by Afghan officials and the Afghan Independent Human Rights Commission, with the support of the United Nations and the international community. The plan consisted of a five-part strategy for peace, justice and reconciliation in Afghanistan. It contained measures to concretely recognize and remember the sufferings of the Afghan people during the long civil war; to increase public confidence in their State institutions; to promote reconciliation and national unity; and to strengthen the criminal justice system, including the affirmation that amnesty would not be granted to gross human rights violators (ureau of Democracy, Human Rights and Labor).
The test of these measures, of course, lies in the efficient implementation. Afghan government adopted a controversial amnesty law, which seemed to shield certain groups from legal or judicial pursuit.…… [Read More]
" And sales is one example of this type of professional culture, regardless of what product is being sold (McCarter, 1999). The personal image of Mary Kay may generate some loyalty in the hearts of her sales staff, because of her charismatic figure and rags-to-riches success story, but ultimately saleswomen are there to make extra income, to win bonuses, and they compete against one another for incentives.
In short, the article makes an astute point -- when assessing organizational culture, do not confuse the image the corporation presents to the public with the actual employee culture behind closed doors. An apparently pro-working class company like al-Mart may depend upon a low-wage staff to provide its perpetually low prices, and cosmetic sales are still a 'selling' profession. Mary Kay's success is based upon her saleswomen showing drive and taking the initiative, not upon the power of her eyeliner.
McNamara,…… [Read More]
His most well-known contribution to the field of chemistry was the statement titled; the Avogadro constant or Avogadro number. Avogadro stated that "a mole equals 6.022 x 1023." (American) It also states that equal volumes of gases, at the same temperature and pressure have the same amount of molecules.
Avogadro's number really means the number of molecules in a mole. His number is essential in chemistry because it calculates the amount of pure substances in stoichiometric relationships. It also determines how much heavier a simple molecule of one gas is than that of another. This number is also very large 6.0221367x10^23. However, Avogadro only hypothesized this and he was not responsible for calculating it, Loschmidt was. (Furtsch)
Even though, Avogadro was not fully responsible for the discovery of the mole, he did solve many controversies and gathered enough research for other scientists, like Loschmidt, to calculate. His curiosity…… [Read More]
Legitimacy of International Institutions
International institutions are based on the multilateral treaties or the agreements among multiple states. States generally enter in the treaties to promote their common aims, and law recognizes the existence of international institutions. Typically, international institutions are established based on the charters that bind the member states together. "International institutions are the set of rules means to govern international behaviours" (Simmons & Martin 2001 P. 194). This definition is very important because international institutions have established set of rules guiding the conduct of member states. Based on the definitions of international institutions, it is revealed that member states are subject to abide by the decision of international institutions. However, there are hot debates among scholars and political actors whether international institutions posses legitimacy on the member states. (D'Amato,2007, Zurn, & Stephen 2010).
The objective of this paper is to investigate the legitimacy of international institutions.
Legitimacy…… [Read More]
It is the opinion of this author that equilibrium and efficiency are the ideal aim of corporations in the marketplace because it provides them with opportunity to maximize their profits over the long-term. While it may not necessarily provide for higher than normal profits at all times. While it does for the companies in the competitive marketplace to stay in the game. Having the ability to decide price and preempt market spikes and dips distinguishes nearly perfect competitive markets from monopolistic and monopoly types. In a perfectly competitive and efficient market, prices, choice, quality and customer service is driven by the consumer. This will mean that each item produced by the firm will exhibit prices that are determined by the market which. This will in turn tell the company how much product needs to be produced in order to facilitate equilibrium in the marketplace. Just as most students in…… [Read More]
Rick manipulates the law and the legal system for personal gain and aggrandizement, just like Ben Addison, and watching these characters enjoy these manipulations is what creates enjoyment on the part of the reader as a sort of naughty thrill.
One could even argue that the entire premise of the book exploits the degree to which the legal system has been corrupted and become incredibly malleable and too easily manipulated. The word "corruption" most often calls actions like bribery or kickbacks to mind, and while there are examples of this type of corruption in the Tenth Justice this is not the type of corruption that is truly insidious or causal of the plot in the novel. Instead, it is the illegality -- or at least the alegality -- of the structure of the Supreme Court as presented by Melzer (which is likely rooted in some truth, if exaggerated in the…… [Read More]
Stare decisis, from the Latin meaning "to stand by that which is decided," is a judicial doctrine, which provides that precedent decisions are to be followed by the courts ('Lectric). The doctrine of stare decisis has developed in common-law legal systems, which enable judges to create law through judicial interpretation. In contrast, jurisdictions with a civil-law legal system reject the doctrine of stare decisis, because civil-law systems require a stricter separation between the legislative and judicial branches. The United States' legal system developed from a common-law base and embraces the doctrine of stare decisis.
Although the doctrine of stare decisis appears, at first blush, to give great power to the judicial branch, it is actually a judicial discretion constraining device. If the legislature is unhappy with a high court's interpretation of a law, it can change the law to reflect the actual legislative intent. However, if the legislature is content…… [Read More]
The second is the methods of work that must follow a quality certified system.
Overall System Design
Since the work relates to scientific study, a scientific temperament and better equipped laboratory is a must. For each section of the system dealing with major and minor investigations, appropriate equipments, modern electronic gadgets and data processing systems must be provided and they must also be upgraded frequently. The personnel must be trained in the use and proper management of digital forensic laboratories and high technology crime detection and investigation. These must be installed and maintained on turnkey approach. One suggestion is to contract a company which has experience in setting up the lab and turn over the installation to them. For example, the Pyramid Company provides turnkey contracts for setting up such Laboratories and Centres. (Pyramic Cyber, 2012) Such service providers would provide for the commissioning of equipments and tools as specified…… [Read More]
Solutions to Marriage Debate
The marriage debate is a polarizing debate regarding, most people assume, whether gay individuals should have the right to marriage or not. On the homosexual side, it is important to be afforded the same rights as married couples both because they wish to enjoy the same benefits accorded those who are married and because the status of married carries with it different connotations. The opposite opinion is marked by individuals who do not want homosexual couples to use the term "married" because it is a union endorsed in the Bible and would be sullied if people that these individuals believe are in active sin were able to claim that they were married. It is a difficult questions and one that has been debated in public places, the media and by politicians. This paper looks at two journal articles with contrasting views that may not offer a…… [Read More]
2007, potato chip industry Northwest competitively structured long-run competitive equilibrium; firms earning a normal rate return competing a monopolistically competitive market structure.
The competitive business environment of today forces economic agents across the globe to develop and implement a wide array of strategies by which to respond to the challenges of the various stakeholder categories, such as competitors, business partners, employees, customers, the governmental and non-governmental institutions and so on. One particular means by which the companies address these new challenges is that of uniting their forces in order to combine their resources, market shares and capitals and as such become more profitable. Particularly, the economic agents engage in mergers and acquisitions as a means of consolidating leading positions within the market places.
Such a situation was observed within the potato chip industry in Northwest. Up until 2007, the industry was characterized by the presence of…… [Read More]
Ethics in a Long-Term Healthcare Business
Ethics in the health care industry spans a wide spectrum of activities and most of the obligations are cast by law on the professionals and the second by the common practice and morals of the profession. Both are important to the progress of the institution and also the health care industry. Compliance of statutes is of primary importance.
There are many rules and statutes that must be complied with by all organizations and one such recent legislation is the hospital information access system. The HIPAA rules apply to all personnel in the system and extend to laboratory technicians, and lawyers and insurers. The culpability comes if the information was disclosed to a third party who did not have an association with the entity -- the clinic and was permitted to access the information. In such cases where the physician discloses information to another…… [Read More]
Working in the legal field requires much more than the basic knowledge acquired through books and class work. Certainly there are many attorneys armed only with the knowledge of what they have learned in school, but the best lawyers bring many types of intelligence to their work. Some of the most important abilities a good attorney must have include communication skills, logical thought processes and the ability to understand others and the self. I am proficient in all of these areas, and this puts me in a unique position to contribute as a law student and later, to the legal profession as a licensed attorney.
The ability to communicate goes far beyond the basics of speech and writing. Certainly, one should demonstrate impeccable grammar and speaking skills, and I have demonstrated these skills both in classes such as English, History and Political Science. I have an excellent understanding of the…… [Read More]
May Able, Baker, and Charlie each be held personally liable for the economic loss to Able's client caused by the disclosure of confidential client information? Discuss.
The liability for any LLC is limited. This means the member -- owner is absolved based upon the fact that it is separate legal entity. However, due to the fact that the paper work was never filed for ABC, means that it is partnership. This exposes all of the owners to damages from the inadvertent disclosure of their clients' personal information. (Fortney, 2014)
To make matters worse, the owners have a fiduciary responsibility to their client. This means that they are not supposed to divulge any information about their case or the impacts it is having on them. According to the American Bar Association (ABA), this falls under attorney - client privilege. As the conversations, between the individual and their lawyers cannot…… [Read More]
The concept of being an over-privileged child is concurrently amusing and unsettling to me. To an outsider, being an over-privileged child may appear to be a life of advantages and comfort and a life that is free of the worry and concerns of "normal" everyday life. I have no need to worry if I can afford to buy the latest fashions, and in the future I know I will not need to worry about paying bills. There are certainly many benefits, but like any life condition, there are also disadvantages attached to the situation, which may only be considered when the full context of being over privileged is considered.
Writing about a genetic happenstance that many see as an unfair advantage due to being unearned has taken a great deal of thought. Writing about this subject will likely bring me ridicule and accusations of being self-pitying or insincere.…… [Read More]
Realm of Legal Negotiation
DISTRIBUTIVE VS. INTEGRATIVE
Negotiation involves a dialogue of two or more parties or people with the intention to reach a favorable outcome. This favorable result can be for just one party or both parties involved. The integrative approach to negotiation tries to expand the "pie" to make sure everyone gets something. However, the distributive approach ensures one side "wins" and the other, "loses." The legal landscape of practicing lawyers today asks for a further analysis of what is effective and what is not. Meaning, the distributive method greatly outweighs the integrative method in terms of its utilization in lawyer-to-lawyer negotiations because of how it can be used to help one side get what it wants. That is what lawyers do, they try to get the best outcome for their client, not for both parties involved.
Negotiation is a difficult activity to learn and master. ADR or…… [Read More]
Death Penalty in Michigan
There are, at present, 38 states with the death penalty and 12 without (deathpenaltyinfo.org 2004). Michigan is one of the 12. From 1976, there have been 906 executions in the U.S.: 517 were white, 310 blacks; 57 hispanic; and 22, other races. More than 80% of these cases involved white victims, although only 50% of murder victims were white. Case studies on race showed that 96% had racial undertones, whereby 98% of the chief district attorneys were white and only 1% were black. Another study conducted in Philadelphia revealed that more blacks were given the death penalty than white and other races at 38%. Still another study conducted in North Carolina said that the death sentence went up by 3.5 times when the victims were white (deathpenaltyinfo.org). Records show that 37 states with the death penalty used lethal injection method in 739 executions, 151 by electrocution,…… [Read More]
Small usiness' Need for a CPA
One of the critical investments a small business can make to mitigate loss and risk is hiring a CPA and putting that CPA on the 'management team.' As Wells notes in his groundbreaking research, "Denise, a bookkeeper for a small trucking firm in irmingham, Alabama, wishes she had never heard of Ralph Summerford, CPA. ecause of his thoroughness, Denise is facing several years in prison for embezzling $550,000 from her employer. At least she will look good standing before the sentencing judge: Denise spent a great deal of her illegal loot on head-to-toe cosmetic surgery. She blew the rest on a shiny new Lexus, luxury vacations, clothing and jewelry. And, of course, Denise had to have a big house to store all of her finery." (Wells, 2003)
Surprisingly, it was not at all the fancy standard of living that made her employer suspicious. "The…… [Read More]
This is a most important question today, for it is sometimes said that the pursuit of profit ought not to be the primary and dominant goal of a business firm but rather must be balanced by concern for customers, employees, or society. In order to see what the standards for proper managerial conduct might be, we need to understand what is meant by "free market society."
Within a free market society, it is generally thought that the primary goal of a business organization is the attainment of profit. Though businesses often consider other objectives (service to customers, employee needs and well-being, assistance to the needy) it cannot be denied that the attainment of profit is the overall and guiding objective of the business organization. Thus, the first question that managerial ethics should consider is whether or not it is ethically proper to make the attainment of profit the…… [Read More]
At which point, the attorney could face ethics charges because of this ethical conflict. To prevent such situations from occurring, it is advisable that all attorneys become passionately involved in their clients cases. This will ensure that they are always following the most ethical standards, by looking out for their client's best interests first. These points are significant, because the literature that was reviewed highlights the challenges that all attorneys are constantly grappling with, in regards to the issue of ethics. In some cases, the attorney may not be aware that they are in violation of an ethical standard, because of the delusion of impunity that exists. As a result, those attorneys who are constantly aware of the role that their ethics will play in this field will avoid such issues. This is why it is imperative that all attorneys understand their ethics, so that they can augment them to…… [Read More]
Padilla v. Kentucky: Implications for U.S. Immigration
This paper provides a review of the relevant literature concerning the case, Padilla v. Kentucky,[footnoteef:1] discussing citizenship, and similar predicaments in other countries. It is this paper's thesis that the decision in Padilla has significant implications for defense lawyers who must now become familiar with the complexities of immigration law or retain counsel to assist them in this area. Established in Strickland v. Washington, the test for ineffective assistance of counsel is comprised of two parts: (1) defendants must first show that their counsel was constitutionally deficient and (2) show that the deficiency prejudiced the result of their case.[footnoteef:2] In addition, cases involving guilty pleas require defendants to demonstrate that in the absence of deficient counsel, they would have insisted on a trial.[footnoteef:3] Furthermore, defendants also enjoy the Due Process Clause protections that require judges and defendants to engage in a conversation concerning…… [Read More]
Driving hile Impaired in Canada
Tough new laws have been enacted in Canada in response to the problem of driving while impaired. In this case "impaired" means driving while intoxicated on alcohol -- being over the limit on blood alcohol (driving under the influence, DUI / driving while intoxicated, DI) -- or on drugs. This paper describes the issue, reviews the relevant legislation and laws, reviews the history of laws pertaining to impaired driving sanctions, and offers analysis of the contemporary legal situations regarding impaired driving laws in Canada.
hat is Impaired Driving?
The Ministry of Transportation in Ontario defines impaired driving as driving "while you ability is affected by alcohol or drugs… a deadly combination" (www.mto.gov.on.ca). The fact is that one drink can reduce a driver's ability to concentrate on the road and the traffic. Even one drink can affect a driver's reaction time, the MTO explains. The MTO…… [Read More]
Some attorneys simply seem to enjoy outrageous conduct when it comes to proving the innocence of their client, and some simply relish the feeling of power they have in the courtroom environment. Giving attorneys too much power can lead to problems in the courtroom and in the justice system. The debate over punishment that fits the crime and the death penalty also seem like debates that will rage for a long time, no matter what happens in the criminal justice system. There are always going to be cases where a minor criminal is sentenced to a punishment that seems much bigger than the crime they committed, and there will always be people opposed and in support of the death penalty. These chapters show that the criminal justice system is not perfect, and that reforms could help create a better, more workable system, but they also show that there will always…… [Read More]
They are the behind-the-scenes people that get the work done and keep the office moving forward, even if most clients do not realize that they are there and are not aware of how much they actually contribute to the cases that the lawyer handles with that particular firm.
As for the skills that a paralegal must have, these are also very important. Paralegals must attend schooling so that they are qualified to perform their duties. In general, however, paralegals must be able to type quickly and accurately and they must be able to answer phones, make calls, and perform filing and other secretarial duties. Paralegals are not secretaries, however, and they have many more skills that relate directly to law. For example, they have a strong understanding of legal terminology. Many individuals struggle with what a legal document actually says because of the wording, but a paralegal must be able…… [Read More]
The IRS may also impose a 10% excise tax or a maximum of $10,000 on an officer who knowingly entered into a transaction (Samuels and Shoretz).
When this happens, the official endeavors to enter a rebuttable presumption that the compensation and benefits are reasonable (Samuels and Shoretz 2002). The board of directors or trustees must approve the three criteria for the rebuttal. In the first, the board must be composed entirely of members unrelated to and not beholden to the officer in question. In the second, the board must possess reliable data, comparing its compensation level with those of other organizations in similar situations. This is intended to lead the board to make sure the officer's compensation has comparable fair-market value with others in the geographical area. The data may be secured form reputable and independent surveys and the third requires the adequate documentation of the fixed compensation as its…… [Read More]
representative system of government has motivated a vital chain of discussions in the literature about police workers administration and representation of women and racial minorities. The serious questions in this study are: (a.) Does the under oath police force rationally mirror a cross section of the groups being monitored? And (b.) hat aspects are measured in representation of women and minority police officers in law-enforcement agencies? Black and Hispanic depictions on police forces are strongly associated with its incidence in community populations. Regions differ in the quantity of female and minority illustrations, blacks being better characterized in southern police forces than in another place; women are better characterized in the northwest. Nevertheless, findings disclose that men, more often than not whites, maintain to hold unreasonably more sworn positions in the largest part of law-enforcement agencies. The data sets of female and minority representation also demonstrate the extent of female and…… [Read More]
Since Padilla had joined the terrorist organization al Qaeda and engaged in warlike actions against the armed forces of the United States in Afghanistan, the Judges said in concurrence with the Government, the President possessed an authority to designate Padilla an "enemy combatant." The issue sparked a controversy and intense debate among lawyers and other observers.
One of the complications of the case was the position taken by Padilla's lawyers. Padilla's lawyers did not contest the charges the government had leveled against Padilla. Instead, the lawyers argued that even if everything the government said about Padilla was true, the U.S. President did not possess the authority to detain a U.S. citizen without trial. The Fourth Circuit interpreted the position of the lawyers as if the lawyers agreed that the charges leveled against Padilla were true. The lawyers rejected this interpretation. The Government allegations against Padilla were contested by independent observers,…… [Read More]
Jessup shows contempt for the entire process from the time he arrives in the court, fully in keeping with his messianic belief in his own superiority and his role in protecting the country at all costs. He has no respect for the defense attorneys, as might be expected, but also none for the prosecutor or the judges in the court. His ethical standards are based entirely on a vision of himself as arbiter of all right and wrong, and he believes he did nothing wrong because he believes he can do no wrong. Jus because he saw a need, any decision he makes is necessarily right. He also does not recognize any higher authority, which is what a court certainly is, and when he is forced to admit his own actions, he still sees himself as right and those who have forced him to tell the truth as the real…… [Read More]
Criminal Justice Agency
The American legal system is very systematic and works amazingly well. It's complicated given its intricacy as its framework is argumentative. The Supreme Court sometimes changes the law as it holds that authority. The Supreme Court decides which laws are to be upheld and which are to be altered. Learning the court system can be a tough ask but not an impossible one. In this research paper, the aim is to break down the American law into layman language. It will start from legal system of U.S. And shift to court systems. Then different kinds of courts will be examined whilst examining their separate duties.
The constitution is responsible for the entire American legal system. The American constitution is the ultimate law on American soil. The public is bound by this American constitution as it shapes their actions accordingly. The American public is answerable under the…… [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]
As a result, Gibbons was providing a service and was helping ensure the free flow of ideas. The licensed that he received from Congress is regulating these principals. ased on this interpretation along with the previous case law decided in McCulloch v Maryland and the Supremacy Clause of the Constitution; New York State does not have the power to regulate trade. Instead, this power is solely reserved for Congress with the court saying, "The power to regulate commerce, so far as it extends, is exclusively vested in Congress, and no part of it can be exercised by a State. State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, & c. are not within the power granted to Congress. The laws of N.Y. granting to R.R.L. And R.F. The exclusive right of navigating the waters of that State…… [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]