The Exclusionary Rule is one of the more important rules that is utilized in the American judicial system. The entire American judicial system is designed to protect the individual's rights from the government, and to limit the amount of power that the federal and state governments have over the citizenry. In criminal trials, the individual is considered innocent by the government until proven guilty; this is to protect the individual citizen against unfair or untrue allegations, and to ensure that all citizens receive a fair trial when they are accused of criminal activity.
The exclusionary rule or the exclusionary ...
Rule Case Studies Samples For Students
135 samples of this type
If you're looking for a possible way to simplify writing a Case Study about Rule, WowEssays.com paper writing service just might be able to help you out.
For starters, you should browse our vast catalog of free samples that cover most diverse Rule Case Study topics and showcase the best academic writing practices. Once you feel that you've figured out the major principles of content organization and drawn actionable insights from these expertly written Case Study samples, developing your own academic work should go much easier.
However, you might still find yourself in a circumstance when even using top-notch Rule Case Studies doesn't let you get the job done on time. In that case, you can get in touch with our experts and ask them to craft a unique Rule paper according to your custom specifications. Buy college research paper or essay now!
This article accesses the use and application of the Garrity rule in internal investigations of police officers. Apparently, the Garrity rule has not been applied consistently throughout police departments in the country. Some departments have applied the rule as stated by the Supreme Court, others have expanded the rule, while still others have limited the rule. Additionally, the Garrity rule has provided police officers with immunity from prosecution when immunity may not have been appropriate.
Facts
In Garrity v. New Jersey, 385 U.S. 493 (1967), the Supreme Court established a rule pertaining to statements made by officers during internal investigations. ...
Knarles and Barkley Case Study
Liabilities under Contract Law
Chetum vs Knarles & Barkley
Fact: Knarles wants to repudiate a contract between Chetum and Barkley.
Issue: Breach of contract. Chetum entered into a contract with Barkley that Knarles, Barkley’s father and business partner, refuses to accept. Does Knarles repudiation of the contract constitute a breach of contract?
Rule of Law: A contract must have the following elements in order to be enforceable: (1) mutual consent, manifested by offer and acceptance, (2) consideration, (3) legality of object, and (4) capable parties (Calamari and Perillo, 1998).
Application: Barkley sent a contract (offer), which Chetum signed (acceptance), ...
Business Law Case Study
Issues
Was it a proper service when the summons was mailed to the defendant medical clinic?
Whether the Minnesota court should invalidate the Tennessee judgment.
Rule
The general principle under Rule 4 of the Federal Rules of Civil Procedure is that service can be made personally to the defendant, left in their place of residence or business or through an email. For corporations or companies, Rule 4 (B) of the rules states that the summons can be delivered to the defendant’s agent authorized to receive such processes but a copy of the summons must be copied to each ...
Forensic Evidence 1: Kumho Tire Co. V. Carmichael, 526 U.S. 137 (1999)Facts
Patrick Carmichael was driving his minivan on July 6, 1993 when its right rare tire burst was causing the van to turn over. As a result, one passenger died, and several others sustained injuries. Carmichael, enjoined by the survivors and the deceased’s representatives, instituted an action against the tire manufacturer and distributor. They claimed that the accident was caused by a fault in the tire. The claimant’s case by and large relied on the expert opinion of a tire failure analyst. According to the expert opinion, ...
Section 1
HIPAA Privacy Rule and Security Rule
The Privacy Rule applies to protected health information (PHI) or health information that can help identify an individual, created or received by covered entities (CE), which include health plans, clearinghouses, Medicare prescription drug sponsors, and health care providers who electronically transmit information. However, the employees of these covered entities are excluded from this while the business associates of these covered entities are subject to some provisions of the rule. The use and disclosure of PHI by the covered entities requires written authorization by the individual as it is governed by the Privacy Rule ...
Factual Background
The Respondent in this matter, Abel and his friends were indicted with bank robbery in the District Court, with his cohorts pleading guilty to the charge as framed. The respondent however, denied the offence and the matter went for trial whereby one of the cohorts named Ehle agreed to testify against him. The respondent then made known to the court of his intention to discredit the testimony by Ehle by calling a witness named Mills who would testify to the effect that Ehle had admitted to him that he intended to implicate the respondent so as to obtain favorable treatment ...
Elements of a binding contract
The key elements of a binding contract are; offer, acceptance, consideration, intentions to create legal relations, privity of contract, capacity to contract and the fact that it must not be illegal or contrary to public morals(Cross & Miller 2008, 195).
An offer is an unequivocal statement expressing intention to be bound on precise terms with the party to whom it is made once it is accepted by the said party(Beckett 2015, 139). An offer has been distinguished from invitations to treat. For instance, in Fisher v Bell, display of goods in a shop in an invitation to treat ...
Introduction
People have always criticized the use of deadly weapons ever since police started carrying guns. In order to apprehend fleeing, the Supreme Court in Tennesse v. Garner passed laws for the use of deadly force for the non-violent felony to violate the Fourth Amendment. This decision has influenced a number of homicides by police officers nationwide. This investigation has reduced a significant percentage in the homicides before and after the decision. Under such decision, there is a reduction not only in shooting fleeing felons, but also in police shooting. In 1858, a newspaper of New York Time had discussed a case in which a police ...
The exclusionary rule holds that, when the police violate a suspect’s constitutional rights, that suspect has the option of requesting a court to “exclude” or declare inadmissible any evidence that was obtained as a result of the constitutional violation. The exclusionary rule is not a constitutional right but rather a judicial tool established by the Supreme Court in 1914, as a means of deterring police officers and law enforcement officials from violating the Constitution when arresting suspects and conducting criminal investigation (Weeks v. United States, 1914). Up until 1961, the exclusionary rule was only available to defendants in ...
The following sample is crafted by our free essay writers so that you have a perfect example of Patient Safety Movement case study for your homework.
Introduction
The recent expansion of healthcare ethics to evidence based research practice aims to address patient safety issues surrounding medical treatment an intervention. The “nature, behaviour and consequences of patient safety incidents and their surrounding circumstances” are a longstanding concern, and one which has the potential to cost healthcare institutions exceptional levels of expenditure in medical malpractice damages.
The World Health Organization (WHO) policy outlined in Ethical Issues in Patient Safety: Interpreting Existing Guidance covers the framework to ethical practice in medicine (WHO, 2013). Research inquires directed at resolving ethical challenges in contemporary policy and procedure (i.e. informed consent), inform ...
Fraud is a common problem in the contemporary legal landscape. Most evident after the fact, it is one of the primary causes of the 2007-2008 financial crisis, sending the country into a recession not seen before since the Great Depression. And yet, there are regulations and regulatory bodies in place that are tasked with eliminating the practice of fraud in the financial sector. In particular, the Securities and Exchange Commission is tasked with the prosecution and enforcement of suits against fraudulent traders. The present case is fertile ground for discussion in this regard, dealing directly with the phenomenon of insider trading ...
Company Law
Question One
First, the issue in play is fueled by two elemental components. That is, the Beanstalk Ltd Company has a constitution that limits the sale of the agricultural products by the company in Queensland. In addition, the board of directors of the company implemented the policy that the board should approve all the transactions of the company over $100,000. Nevertheless, Jack, who is the managing director of the company, attended a trade fair in Victoria that saw him sign a purchase agreement worth $150,000 with Giant Ltd. This aspect has led to the disagreement of the viability of ...
Introduction
Laws vary from country to country. Even the process of creating, screening, and ultimately approving laws greatly vary from one state to another. And this is because of this reason why laws do not have a general or universally accepted definition. In the United States, there is an organization called, the Federal Register. It acts as the federal state-governed journal that publishes a wide variety of media and publicity services, one of which is the presentation of the proposition of a new rule, or a set of changes that would be applied to an existing one . Internet users who are at the same ...
The rule of law can mean different things because it is an ambiguous term. This is the first index and it is believed to be the legal principle which the law must govern a certain country as opposed by being governed by the arbitrary decisions of a person’s government official(Ferguson 81). Tunisia has a rich legal system to cater for the rule of law. They are among the first countries to have a constitution which governs them. Due to this, many in this country have ended up following constitution as various amendments have been factored in to ...
Business and Employment Law
Question 1 3
Issue 3
Application 4
Conclusion 5
Question 2 5
Issue 5
Law 6
Application 7
Conclusion 7
Qustion3 7
Issue 7
Law 8
Application 8
Conclusion 9
Bibliography 10
Question 1
Issue
The main issue in question is whether the exemption or exclusion clause that was incorporated in the contract between Jag and ED can have any effects on Jag’s possible right to sue ED for the loss of his garden. In this contract, it was specifically states that the supplier would not be responsible for any loss or damage caused by any products sold, which in ...
Company Law
Question One
First, the issue in play is fueled by two elemental components. That is, the Beanstalk Ltd Company has a constitution that limits the sale of the agricultural products by the company in Queensland. In addition, the board of directors of the company implemented the policy that the board should approve all the transactions of the company over $100,000. Nevertheless, Jack, who is the managing director of the company, attended a trade fair in Victoria that saw him sign a purchase agreement worth $150,000 with Giant Ltd. This aspect has led to the disagreement of the viability of ...
Introduction - Director’s duties
Even though the law recognizes corporations as separate and distinct entities from the owners, it nevertheless recognizes that corporations act through people. Such people are referred to as directors and manage the activities of a corporation. In Lennard’s Carrying Co. v. Asiatic Petroleum Co. Ltd, the court observed that directors are the directing mind and will of the company. Accordingly, directors of a company act for and behalf of the company, and as such owe several duties to the company.
These duties are at common law and also statutorily provided for. In the U.S., there is no single statute ...
Q.1. The main issue is that Cotton Limited., which owns the majority of Satin Co. Limited's shares is trying to buy-back the minority shares held by Silk and the rest of other investors. However, the minority shareholders are against the idea particularly Silk. Since Cotton Limited could not get Silk to agree with the buy-back option. The majority shareholders resorted into passing a resolution to change Satin's constitution, giving power to the majority shareholders to compulsorily acquire the minority shares. The problem is that Silk is not convinced to sell her shares and seeking legal action to stop the proposed ...
Circle Centre Development Company v. Y/G Indiana, L.P., 762 N.E.2d 176 (Ind. Ct. App. 2002)
Circle Centre (P) and Y/G (D) entered a commercial lease agreement in October 1996. Circle Centre agreed to lease Y/G retail space in Circle Centre Mall. A provision in the signed lease agreement stated that the Y/G, as the tenant, did not rely upon any inducements or representations on Circle Centre’s part other than those contained expressly in the lease agreement. In January 2000, Circle Centre sued to recover $30,000 in unpaid rent against Y/G. Y/G filed a counterclaim, alleging that Circle ...
Walmart Stores v. Cockrell (2001)
Issue: Does the shopkeeper's privilege protect Walmart from the liability under the circumstances of the case?
Rule of Law: Given the notion of the shopkeeper'e privilege, this rule allows the supermarkets to detain, stop or conduct the investigation of the shoplifters in case of any suspicion exists. In this case the supermarket does not responsible for such false imprisonment if there are reasonable grounds for the denetion of such a kind, within reasonable time, while the investigations of reasonable person is provided in reasonable manner (Cheeseman, 2014. p.88).
Analysis: At first, the Court considered the elements of false imprisonment. It stated that Cockrell was detained by the officer of Walmart ...
The scenario raises issues dealing primarily with consideration and variation of a contractual agreement. The issues arising are primarily two; the validity of variation of terms made between Kitchens for You Ltd (KFY) and Lizzie Tyler and the enforceability of the original agreement arrived at by Kitchens for You Ltd (KFY) and Lizzie Tyler. Firstly, KFY and Lizzie Tyler have a valid contract that is enforceable under which KFY agreed to refurbish the kitchen and seating area, to cope with the increased orders from the café/seating area and the takeaway counter for a total cost of £32,370. ...
Brief of Mapp v. Ohio (1961)
Decided
Decided June 19, 1961
Character of Action
The case of Dollree Mapp v. State of Ohio (henceforth Mapp v. Ohio) was brought before the Supreme Court of the United States in March of 1961. The case was brought before the Supreme Court after an incident with local law enforcement and a search of Mapp’s home. The defendant was initially convicted in the Cuyahoga County Ohio Court of Common Pleas. The conviction was later affirmed by the Ohio Court of Appeals, and after the affirmation by the Court of Appeals ...
The legal issue of ABC partners entailed negligence having set a company beyond their jurisdiction and failed to register a company. ABC is liable to pay damages to Robert Knight. This case is tortuous liability due to the wrongful act of abandoning an oil well and failing to secure a place. This results in Robert having an injury due to the negligent act. The legal rule of Tort holds that one who suffers in case of negligence of another party can claim damages. In this case, ABC partners owe a duty of care to Robert Knight who suffers injury due to their act ...
Issue
“Is the Venetian’s casino marker signed by Nehme a negotiable instrument under the Nevada Uniform Commercial Code?” (Cheeseman, 2015).
Rule Law
“According to UCC 3-104, a negotiable instrument must: (1) Be in writing. (2) Be signed by the maker or drawer. (3) Be an unconditional promise or order to pay. (4) State a fixed amount of money. (5) Not require any undertaking in addition to the payment of money. (6) Be payable on demand or at a definite time. (7) Be payable to order or to bearer.” (Cheeseman, 2015 p. 353).
Analysis
The marker is anegotiable instrument because it ...
ISLAMIC FINANCE
Introduction
“During the past decade, the Islamic finance industry has witnessed significant developments, particularly in the field of Sukuk (Islamic bonds)” (Chermi, 2015, p. 1). Sukuk signifies one of the best fruitful merchandises in Islamic finance. They have enticed the notice of numerous backers and turn out to be progressively well-liked in many marketplaces international. They have gotten fame as monetary tools supplying both government support through the issuance of sovereign sukuk and private sector backing through commercial sukuk.
According to Brian (Kettell, n.d.), a sukuk has financial features related to those of a conventional bond, nonetheless is arranged ...
Answer 1
Individualism refers to the primacy of the rights and the role of the individual. Collectivism refers to the primacy of the rights and role of the community. The one central issue of individualism versus collectivism in political environments stands at the heart as the main issue. The United States is one country with the most pronounced individualistic orientation of all political systems. Systems that feature a collectivist orientation such as Japan and China promote the principle that government may intervene in certain issues related to business practices that benefit society.
In totalitarianism, a single agent whether an individual or a group or ...
Software Solutions
Two software applications are recommended as solutions for the security weaknesses identified at Aircraft Solutions. In particular, these software applications are Documentum, which is recommended to be used as a repository for documents such as project documents and product designs, and Visual Studio, which is recommended to be used as a repository for program codes.
Documentum. The capabilities of Documentum include support for all kinds of content, which include XML-tagged documents, fixed content, Web pages, e-mails, images, videos, and business documents (“List of Enterprise Content Management Systems,” 2012). It is a repository where content can be stored under compliance rules. It appears ...
Calvin Stark tested positive for HIV in 1988 and received counseling on the infection which included a discussion of engaging in future safe sex, risks associated with the spread of the disease as well as the important of informing sexual partners of his infected status. Stark continued to engage in sexual practices in disregard of his counseling advice, as a result, a physician who had treated Stark issued an order for Stark to discontinue his practice. This order was issued according to a Washington State law which allows physicians to protect the health of others. Stark refused to cease ...
Brief Summary
In recent years, technology has moved so fast that since the advent of Google Earth, less than five years later, there are now companies that have sent their satellites into space to capture real-time images of the earth as reported by NOAA Satellites and Information (2016). This trend even received the attention of high profile celebrities and has been endorsed by George Clooney, who has collaborated with the Satellite Sentinel Project (SSP) to help document crimes against humanity in the conflict-ridden Sub-Saharan region. (Tovrov, 2012). Cheaper, higher resolution, and complex satellites are being sent into the earth's stratosphere, some ...
The Table
Cover page.
Abstract
History
Contradictions
Opinion
Policy Recommendation
References
Abstract
Corruption is a social, political, and economic vice that causes economic problems due to mismanagement of public resources (Girling, 2002, p.81). Corruption in Venezuela rates among the highest standards in the world due to its prevalence in the society. The country ranks among the top 20 most corrupt nations in the world; it is position eight in the ranking. Seventy-five percent of the Venezuelans believe that corruption is widespread in the government hence difficult to eliminate. Protests witnessed in 2014 cited corruption as the main reason for their discontentment ...
Background
The case study is in regards to Allegheny County of Pennsylvania. The study relates to human services that were offered in the county from 1968-1995. “In this time frame, the commissioner who served the area was Thomas Foerster” . The county was one of the biggest counties in Pennsylvania and consisted of more than a million people who lived in the area. The services that people used and relied on had changed in regards to how many services was offered, and how long the programs were allowed to be used. The case study will reflect how the Commission Thomas Foerster ...
Introduction
Corruption is a social, political, and economic vice that causes economic problems due to mismanagement of public resources (Girling, 2002, p.81). Corruption in Venezuela rates among the highest standards in the world due to its prevalence in the society. The country ranks among the top 20 most corrupt nations in the world; it is ranked position eight. Seventy-five percent of the Venezuelans believe that corruption is widespread in the government hence difficult to eliminate. Protests witnessed in 2014 cited corruption as the main reason for their discontentment with the government. The right question to ask in this case is: ...
1. Identify each cause of action that is pursued and the plaintiff and defendant to the lawsuit
The general procedure of the case will involve investigating the concepts of the case and applying the legal scholarship to the facts that are demonstrated. The specified facts that will allow the families in the case to bring a case against the hospital include a major lack of consideration regarding the potential hazards that were made evident in the report filed by the Joint Commission. The failure of the hospital to develop solutions to these problems resulted in various medical issues
This ...
Executive Summary
The present report delves into implications that individual freedom and organizational control will have to the future organization. The first part of the report explains the changes that are taking place in the world of business and how the use of traditional organizational control strategies by some contemporary organizations limit individual freedom. The succeeding part explains what individual freedom at work entails. The third section describes the topic of organizational control and the control strategies that are used in organizations including concertive control, bureaucratic control, cultural control, technical control, and simple control. The concertive control and cultural control promote ...
Economics is a broad field which has its active recognition in almost every walk of life. Economics is the name of how to earn the money and how to consume it and it is one of the most effective things. There are two different types of economics, which particularly are microeconomics and macroeconomics. There are a number of concepts which specifically come under the ambit of Economics and among them; the name of Taylor Rule is one of them, which specifically associated with the leverage and debt . The main perspective of this assignment is to analyze leverage of financial firms from a ...
Gideon v. Wainwright - 372 U.S. 335 (1963)
Gideon v. Wainwright - 372 U.S. 335 (1963)
Clarence Earl Gideon was accused with breaking and entering in order to commit a petty larceny – the crime which is qualified as a felony pursuant to the Florida law. As Gideon appeared in court, he announced that he would not be able to afford legal representation of a counsel thus asking the judge to appoint an attorney at the state`s expense. The judge denied defendant`s motion on the grounds, that under the Florida law the state can appoint a counsel for the indigent defendant ...
Business Law Case Study - Case No. 110,936
Issues
Was the appellant entitled to the payment of ``attorney fees and costs” by the appellee after accepting his offer ``judgment”?
Rule
American rule offers the guidelines in regard to compensations of ``attorney fees and costs” arising out a case .The rule states that a plaintiff should be compensation for the costs and ```attorney fees” incurred irrespective of accepting an offer`` judgment” from the defendant.
Application
Finnel v Seismic was applied by the appellate court to determine the issue presented by this case. American rule is the basis of reasoning in Oklahoma when dealing with matters dealing with ...
The North West Corner Rule
The North West corner rule is a technique used to compute a basic and feasible solution for a transportation problem. In this technique, the basic variables are chosen from the North West corner, or as it would appear in a table, the top left corner.
The economic problem at this point is to distribute the available bushels of olives to the different retail outlet destinations in a manner that keeps the transportation cost at a minimum.
The number of retail outlets (n) = 7
The number of distribution centers (m) = 6
The number of basic variables = m + n – 1 = 6 + 7 – 1 = ...
Using someone’s credit card without card owner’s permission is an offense. If it used accidentally and after realizing the same, card owner is compensated accordingly then the act may not be punishable but in case where the card is used several times without permission of credit card owner, the said act amounts to theft. The amount used, and frequency of using such stolen cards is taken into account by courts while deciding the guilt and punishment in such cases. Facts and circumstances of every case are observed in totality and then it is decided that any act ...
Torts Exercise—Fall 2013
1.) Issue: Is Dr. Intenzio liable for selecting Madison Outpatient Pharmacy?
Rule: Under the principle of negligence, the law requires evidence that must show that there was a specific duty on the part of Dr. Intenzio to provide care for Adam and that he breached the duty of care, which resulted to actual and the proximate cause of Adam’s death. As a result, it entitled the estate of the deceased to recover for damages for failure of the parties to present an adequate defense.
Application: In the case of Dr. Intenzio, he has the duty to provide care ...
Criminal Law
Question 1:
The exclusionary rule remains to be relevant in our present legal environment. According to Slogobin (2013, p. 345), the Supreme Court’s decision in the case of Mapp v. Ohio stated that the exclusionary rule is derived from constitutional origin and stays completely undisturbed which means that the Fourth Amendment mandates the suppression of illegally seized evidence
in spite of its effect on the police and an efficient means to prevent police misconduct. As an effect, any evidence that is illegally obtained and violates the Fourth Amendment for unreasonable searches and seizure is inadmissible in ...
Summary
The 1872 case, In Re Slaughter-House Cases, 83 U.S. 36 (1872) [83 U.S. 36 (Wall.)], the U.S. Supreme Court in response to appeal of Supreme Court of Louisiana decision on three cases reviewed under “An act to protect the health of the City of New Orleans, to locate the stock landings and slaughter-houses, and to incorporate 'The Crescent City Live-Stock Landing and Slaughter- House Company" enacted 8 March 1869, and enforced 1 June the same year offers precedent to municipal ordinances for the control of keeping or slaughter “any cattle, beeves, calves, sheep, swine, or other animals, or to ...
Charles Dickens is one of the prominent literary figures of the Victorian era, and he was not just a critically acclaimed writer but also a profound social critic. His novels present to us an historic account of the predicament of the destitute and women in the nineteenth century English society. The theme of Dickens’ works were influenced by many social events and issues such as the Clayton Tunnel Rail Crash, Debtor’s Prison of Marshalsea and working conditions for child laborers in England. This essay aims at imploring one such event based on which Dickens wrote one of his most memorable ...
- What are the ethical issues in this case?
There are different ethical issues evident within the BP Oil Spill case. In the case study the main ethical issue is the impact the oil spill had on mental health of various stakeholders. Despite the significant impact of the spill on the mental health of various people, the organization responsible, British Petroleum, did not take the right measures. Therefore, other than the consequence of the oil spill on the mental health being an ethical issue, the other ethical issue is the lack of response on the same despite the ...
Question 1
Character is a very important ingredient in ethical leadership. This is especially because leadership comes with certain powers and privileges that may be used for either personal benefits or public development or progress. Leaders have the opportunity to control the allocation of resources to various departments. Unscrupulous leaders are usually corrupt and involve themselves in grand embezzlement of funds. Therefore, character is especially crucial for managers since they have the power to control resources.
Cases of managers using their positions to acquire sexual favors from the opposite sex in exchange for job favors and raises are very common. Such ...
Introduction
After assumptions of the trappings of the eastern despotism i.e. during dominate, the office of the emperor of Rome faced several turbulent occasions. The barbarian kings started manipulating the western kings about the succession of the emperor while in the Byzantine emperor found it very hard with the autocratic trappings that were taking place in the East and which had consolidated support.
The post republican period that existed after the civilization was dominated by the Roman Empire. The Roman Empire was characterized by vast territorial holdings both in Europe and the Mediterranean with an autocratic form of governance. ...
Willie Mae GRAY, Plaintiff-Appellant,v.BUSCH ENTERTAINMENT CORPORATION, d/b/a Busch Gardens, TheOld Country, Defendant-Appellee.
Top Six (6) Facts:
Fact 1: On August 23, 1986, Willie Mae Gray and her two daughters, Ruth and Esther, went to Busch Gardens, an amusement park in Williamsburg, Virginia.
Fact 2: While at the park, Mrs. Gray bordered a small train and she had an accident in which she fell off and injured herself.
Fact 3: After the injury incident, the employees of Busch Gardens dispatched a first aid team to the site and called an ambulance.
Fact 4: Mrs. Gray’s daughter, Ruth, went with her in the ...
It was in January 1986, and Everett’s family were travelers on Carnival's journey ship "Occasion." While strolling along a traveler pavement on the Lido deck of the boat, Mrs. Everett stumbled and fell, maintaining wounds to one side shoulder and upper limb. The boat reached the shore the following day when Mrs. Everett visited the doctor who prompted her to go back to their place to be treated. This family eventually flew back to Pennsylvania where Mrs. Everett was admitted to the hospital (Wyatt 147).
That stuff which she stumbled on remained a metallic limit spread for a ...
Business Law Case Study
The issue for determination in this scenario is whether or not the service of process on Dr. Bardwell through his wife service was an effective service. An effective service of process is undertaken when the summons and complaint are handed to the defendant himself, but not any other person. Personal service of process in this case means that even when the complaint and summons are left where the defendant operates business or where he lives, and the agent therein accepts service and signs, it is considered to have been effected, even when it is delivered via registered mail. The ...
Even though the Grievant was on the last and final warning, she could not have easily jeopardized her job by smoking in the room. The grievant was well aware of the non-smoking rule and whilst she did smoke, she made sure she did not smoke during the working hours. D, the Grievant and E had contradicting testimonies as to what had transpired on 25th September 2002. B and C during the phone call claimed they had left the room early and none of them smoked and there was no way the cigarette could still be burning at 12.00. F ...
Use of Firewalls to prevent Intruders at Bibliofind
There are two types of firewalls that Bibliofind could have used. The two are hardware and software firewalls (Stewart 72). Software firewalls could have been used to protect individual computers that intruders’ means of attacking such as viruses and spyware. One such software firewall that Bibliofind could have used is the Cisco ProtectLink Endpoint, that is specifically for Microsoft Windows computer operating system. With such a firewall, a system administrator at Bibliofind could have monitored the traffic flow that was coming in and going out of the individual computer system so as to identify any suspicious behavior.This means that ...
Part 1: Identify and briefly define the elements of a valid contract
In order for a valid contract to be legally binding and enforceable, a number of elements must be met. First, there must be a valid offer. The terms of the offer must be sufficiently definite. Second, there must be a valid acceptance of the offer. The acceptance must be unequivocal and unambiguous to constitute acceptance. A counteroffer does not constitute acceptance, but rather a new offer. Third, there must be legal consideration. Consideration can be in the form of a promise or money and is usually deemed sufficient when one party agrees to pay the other party money in ...
Business Law Case Study
Business Law Case Study
Issue
Is Walmart vicariously liable for the personally motivated acts of its cashier?
“A principal (employer) is not liable for the intentional torts of agents and employees that bare committed outside the principal’s scope of business; however, a principal (employer) is liable under the doctrine of vicarious liability for the intentional torts of agents and employees committed within the agent’s scope of employment” (p. 448).
Two main tests are normally applied by the courts: the motivational and work-related test. “Under the motivation test, if the agent’s (or employee’s) motivation in committing an ...
Jane Doe
Questions:
Describe how burn wounds are classified. Identify and describe Mr. Angelo’s burn injuries.
Burn wounds are classified using four degrees that are based on the severity of how many layers of the dermis have been damaged; the higher the degree of burn classification, the more severe the burn injury and damage done to the patients skin and body. In the case of Mr. Angelo’s burn injuries, he sustains both 2nd and 1st degree burns covering approximately 40 percent of his body.
Explain the “rule of nines” used in assessment of burn injury.
When assessing burn injuries, the “rule of nines” is a formula to assess how much ...
Subjective Data:
Patient’s demographic and social information
Jnr. is a 10 year old African American Male patient brought into clinic by his mother who reports that Jnr. was recently discharged from hospital for acute asthma exacerbation. The boy presented with cough and difficulty in breathing combined with a running nose and elevated temperature which has now been resolved with over the counter Tylenol. The mother also says that her son has a history of multiple admissions to the hospital for acute asthma exacerbation. His mother reports child repeatedly loses inhalers. She also states that she does not check for inhaler ...
Identify
The relevant legal issue in the case study is whether a binding contract existed between Rosa and Basil. The facts indicate that Basil intended to purchase a table from Rosa. He even sent her a letter of confirmation. However, after seeing another piece of furniture on offer, he decided to buy that one instead and declined Rosa’s offer, via voicemail. Rosa insists that Basil enacted a binding contract for the purchase of her table. Through the application of relevant legal knowledge, this article will identify whether or not the issue raised by Rosa is valid enough to exercise ...
The primary issues within this doctor’s office concern privacy. The following information should provide clarity on federal regulations concerning health care and privacy. Recommendations will follow.
Patient privacy is an integral aspect of any physician’s office and is mandated by both federal and state laws. With the implementation of the Health Insurance Portability and Accountability Act (HIPAA) Standard for Privacy of Individually Identifiable Health Information, the HIPAA Privacy Rule, these requirements have become more stringent. The HIPAA Privacy Rule takes precedence over state laws and details how the patient health information (PHI) can be shared. This ...
Application of Neural Networks in Medicine
Artificial Neural Networks are extremely parallel, distributed processing systems that using new computational technology founded on the analogy of human information processing system. Artificial neural networks exhibit the propensity to save previous knowledge and after learning it make it available for use for future computations. Artificial Neural Networks have been defined as extraordinarily connected network of simple processing elements known as neurons. ANN has been applied in a number of fields including pattern recognition, classification, function approximation and testing (G. Schaefer).Predicting drug-target interactions using restricted Boltzmann machines
In silico prediction of drug target interaction is an important study ...
Facts
The case under scrutiny is named as Echazabal v Chevron USA, Inc. This is a case about a legal tussle between a man called Mario Echazabal and the firm for which he used to work viz. Chevron. The reason why Echazabal decided to sue his employer Chevron was that his employment offer was rescinded due to direct threat reasons by Chevron. The company came up to such a decision because they came to know about the ill-health of Echazabal and also that it was getting damaged due to him working in the cocker unit of the refinery. Echazabal was later diagnosed with Hepatitis ...