Omission College Essays Samples For Students

As a matter of fact and law, it is indeed true that to successfully bring a claim in negligence, the claimant has to prove on a balance of probabilities the existence of a duty of care, breach of that duty by the defendant and a resultant loss, harm or injury to them. This is known as "the three-part test" for negligence. In addition to these essential elements of the tort of negligence, no defenses should be applicable if a claim is to succeed. However, successfully proving the existence of these elements and getting remedies from courts is not a ...

Issue

In examining the criminal liability of the four persons about the death of Betty, several issues should be focused on approval or disapproval of any liability. In the case of Naveed, there is a need to prove whether he committed an actus reus in his threatening Betty. In the case of Peter, we need to establish under which circumstances and criminal law he might have been the causal link in the shooting, injury and eventual death of Betty. Also, there is a need to prove whether there was any state of mind with criminal liability and intent to cause ...

Discussion of Negligence

Discussion of Negligence
According to Turner (2013), a tort refers to a civil wrong committed by one person against another person. The law of tort attempts to adjust for harms done to individuals by awarding the successful plaintiff who demonstrates that the defendant was the cause of their loss, damage or injury. A tort can be classified into intentional torts, strict liability torts or negligence torts. Intentional torts arise from intentional acts while unintentional torts arise out of a defendant’s recklessness or carelessness. A strict liability tort is type of tort in which no proof of fault on ...

In the Case of Dudley Lee v Minister for Correctional Services, the issue on causation and the unlimited liability of the state has been invoked in the arguments that led to the decision of the Constitutional Court to overturn the Supreme Court of Appeal ruling that discharges the respondent Minister for Correctional Services from tort liability. As can be gleaned from the facts of the case, plaintiff Lee was arrested for various charges that led to his detainment in prison for more than four years. He contracted pulmonary tuberculosis (TB) while confined in ...

Modern Life

The release of The Sun Also Rises in 1926 heralded a new era in American literature. Ernest Hemingway parlayed a background in journalism and a talent for tight, compelling writing into a a style that made him one of the most unique stylists in the history of American letters. Hemingway worked closely with the poet Ezra Pound and F. Scott Fitzgerald in developing the modernist prose style that made The Sun Also Rises one of the 20th century’s most notable literary debuts. Critics have accused Hemingway of self-indulgence, even shallowness of vision. Yet he crafted a remarkably impactful method for conveying a deeper meaning through ...

American Pastime opens with a Japanese family living in Los Angeles. This is the Nomura family and it is evicted from its home and business after Franklin Delano Roosevelt signed the Executive Order 9066. The family is rounded up into Topaz, an internment camp in Utah’s arid area. Here, they meet many other Japanese from different parts of the country. Nomura starts a baseball league in the camp. While in the camp, Lyle, Nomura’s son gets into a relationship with Billy Burrell’s daughter, Katie. Billy Burrell is one of the guards at Topaz. The climax of ...

There is a sharp distinction between active and passive euthanasia. The former is the voluntary act of ending life or “mercy killing” while the latter is the cessation of the activities used to prolong a patient’s life. There have been strong debates concerning the moral permissibility of the active euthanasia. In this essay, I will present the arguments put forth by Rachels and Callahan concerning the issue and argue that the active voluntary euthanasia is not morally permissible.
In his justification of the active voluntary euthanasia, James Rachels stands that judging from moral grounds active and passive euthanasia ...

Tax practitioners should observe the highest level of ethical requirements since they are the final individuals who determine the amount of tax the taxpayer will pay to the IRS. They should possess the necessary skills and professionalism that a tax practitioner requires carrying out their functions. The following are some of the ethical guidelines which should be observed by tax practitioners in performing their duties.

Conforming to legal requirements

All the tax practitioners should follow the legal requirements put in place by the IRS during the preparation of tax returns. They should ensure that both their customers and themselves comply with the necessary ...

The story of mankind is created every day, but it is told through history. It is only when he looks back, that he realizes how far he has come. History has been instrumental in shaping the present and most likely the future of humanity. One of the greatest flaws associated with history is its inaccuracy. The inaccuracy is not, however, because of lack of information but because of the prejudice and perspectives that are captured by most historians (Woolford, Andrew, Jeff, and Alexander 43). Information is abundant; the only problem is the indifference that people show to the available ...

Over the period from 2010 to 2016 the U.S. Supreme Court delivered its rulings in a range of landmark criminal cases, dealing with diverse topics, such as freedom from unreasonable searches and seizures, rights regarding counsel, detainment of suspects in terrorism, as well as criminal sentences. The case Miller v Alabama (2012) belongs to the last category. The major finding of the Court in this case was that mandatory sentences of life, not including the parole possibility, are unconstitutional in relation to juvenile offenders.
The case was referred to the Supreme Court by Evan Miller, a 14-year boy, who ...

INTRODUCTION

In the essay, “Censorship and the Imposition of Form”, Pierre Bourdieu begins with a definition for the word ‘skewed’. He states that when used in a grammatical context, it points to phrases which first seem to introduce a particular meaning, but go on to denote an entirely different one (Bourdieu, 1991). This idea is introduced by Bourdieu so that he develops a debate regarding the potential of language to establish authority, secure a powerful position, structure prospects for emblematic profit and establish limitations within a given field.
Bourdieu writes that censorship is never quite as perfect or invisible as ...

In 1941, the influential critic and academic Oscar Cargill wrote what may be one of the most misleading analyses of The Sun Also Rises. While praising what he considered a remarkably symbiotic achievement in style and content, Cargill concluded that Hemingway’s initial entry into the literary milieu was limited in meaning and philosophical depth (Hays, 19). The Sun Also Rises was conceived as a modernistic contemplation of the post-war generation, yet many have criticized it as nihilistic; a self-indulgent, anti-intellectual response to the post-war generation and to the more elaborate style of writing that characterized the Gilded Age and the post-war ...

Decision-making and communication

Question 1: Explain how the ability to control agendas can be used as a decision making tool.
The ability to control agendas is an important skill for managers and businesses in general. It entails establishing a tone and subject matter within a process of negotiation or discussion in order to influence other people within the discussion to respond appropriately. Being able to control the agenda is therefore regarded as a tool that can successfully be used for decision making. In order to drive decision making process within a specific direction, managers and leaders must be able to have a say in controlling the agenda ...

Nurses play a critical role in the provision of quality care and patient safety. Various studies show that there is a significant direct correlation between adequate nurse staffing and patient outcomes in hospitals. For example, a hospital with good nurse-patient ratios records better patient outcomes in various aspects such as mortality and reduced cases of failure-to-rescue (Agency for Health Research and Quality, 2015). There is, however, lack of good understanding of how nurse staffing ratios connect with patient outcomes. There are two possible ways to rationalize the relationship between patient outcomes and nurse staffing ratios; one is the quantity ...

Ordinary and extraordinary treatment has different meaning to different people. For those working in the medical profession, ordinary means standard treatment while extraordinary means non-standard treatment. When used by an ethicist, ordinary treatment will refer to those means of prolonging life which are morally acceptable by both the physician and patient preserving life and health. Extraordinarily relates to those means of treatment which are not morally acceptable. Standard treatment for a particular group of patients is more likely to be morally required than a non-standard treatment. In some cases, standard treatment may be not morally required for individual patients ...

Redundancy Principle

Ruth Clark is a science undergraduate who has also served as a former president of the International Society of Performance Improvement. She was also a member of the American Educational Research Association. She now works as a teacher, a speaker and a writer. She has dedicated her time to research in instructional technology and has written on effective e-learning, with the aim of developing it professionally.
She came up with six principles of effective e-learning with regard to the use of the various multi-media in teaching and learning. These principles are redundancy, contiguity, modality, coherence, and personalization and multimedia ...

Negligence is defined as “a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances” (Negligence). In order to state that negligence has occurred against an individual, five acts must have occurred. To begin, it must be proven that there was a duty or standard to care for an individual by a health care provider (Boone). The individual that was harmed should have been a patient under the direct care of the defendant. Secondly, the health care provider is said to have breached his duty, meaning he or she ...

Question 1

No, under the current legal framework on healthcare, physicians practicing in a group practice in primary care setting do not have the right to choose what types of patients they can treat in terms of health insurance and disease conditions. According to Sekhri (2000), the managed healthcare system under the Act only gives patients the option of choosing the type of insurance, whether private or public payer but not physicians. Fodeman (n.d) argues that, the new law on health, the Affordable Care Act is likely to interfere with the doctors’ autonomy and flexibility in making decisions on which insurance ...

In any commercial activity carried out in a country, the government has an interest in it. Therefore, in carrying out the business, the government will set up the laws for private investors to follow. Contradicting the government rules and regulations makes the firm’s external business environment quite unfriendly because the government may impose unfriendly business policies to chock the firm’s investment (Bagley, 2005).
UAE government made a demand to Research in Motion (RIM) to make a way through which the government can monitor communication of co-operating blackberry users. Research in motion management should allow the government to ...

The important concepts of law and justice are necessary foundations that lend legitimacy to a state, in particular and to a society and/or a civilization, in general. Owing to the intrinsic differences in social organizations the concepts of law and justice have varied definitions and approaches in the West and the East. A valid comparison of the Western and the Eastern approaches to these concepts make the comparisons and the contrasts extremely enlightening (Nov 17).

The Western legal culture primarily evolved from the Judeo-Christian sacred texts, the Greek philosophy and logic, and the Germanic-tribal or folk (law) traditions. After 380 AD ...

Human behaviour is one of the most studied subjects in the world today. The complexity of human behaviour has elicited a colossal amount of research by psychologists seeking to understand some of the behavioral trends exhibited by human beings. Consequently, these psychologists have advanced several theories that explain some of the fundamental aspects of human behaviour. Behaviorism is primarily concerned with observable human behaviour. Theories of behaviorism emphasize behavioral changes that result from a stimulus-response association that is made by a learner. The proponents of this theory regard all human behaviour as a sort of response to natural stimuli (Becker, 1963). The immediate ...

Advantages of a partnership between Alpha Corporation and Omega private limited company in production and selling of calendars with African paintings
The main advantage of this partnership is pooling of both companies resources bringing about availability of sufficient capital. Thus, ensuring access to improved resources like experienced staff, experienced technicians, greater capacity plus financial resources
Second, the both companies have different skills and experiences and therefore the benefit of their common knowledge will be available to the business venture common to them.
Partnership also means sharing of profits and losses in an established ratio implying that risks ...

Joint Venture Contract

The joint venture is made between ABC Corporation, and XYZ pvt limited on the date------------ and day ---------------.
1. Recitals
1.1 The ABC Corporation and XYZ pvt limited agree to undertake a joint venture for the purpose of manufacturing clothes and importing them to western countries.
1.2 Each joint venture will receive an equal share and interest from the business that is (“Proportionate Share”).
The consideration of the vicinity and resources and the receiving and adequacy is hereby acknowledged. By signing off this contract both the parties, hereby agree to the following provisions.
2. Background
...

Gotti Junior is a son to late John Gotti, who was a powerful American gangster. He was vey powerful and famous. He was regarded as the most famous and powerful gangster in the American history since Al Capone. John Gotti had grown in poverty with his brothers and turned ton into a career criminal at an early age. His crime activities were mainly at the Ozone Park neighborhood, Queens. He easily rose to prominence because he was the family’s biggest earner. When the Federal Bureau of Investigations indicted several members of the family for selling drugs, Gotti took advantage of a growing ...

This paper was produced for course _________________ for Professor ________________.

FEDERAL TORT CLAIMS ACT 2
Federal Tort Claims Act
Implemented in 1946, the Federal Tort Claims Act (FTCA), is legally known as
28 U.S.C. §§ 1346(b), 2671-2680. Its aim is to allow people to file suits against the government for any injuries they have suffered from a federal employee or an agency itself. Prior to the FTCA’s passage into law, the United States government could not be responsible for this sort of suit unless Congress authorized it expressly. This is known as the common law doctrine of sovereign immunity. “The FTCA allows the United States government to ...

As one of the most important writers of the 20th century, Ernest Hemingway provided many innovations in the way poems and prose were written and read. One of the most important theories that have been developed by Hemingway in his writings is the ‘iceberg theory’, or ‘theory of omission,’ which alludes to his minimalist, almost workmanlike prose, which nonetheless manages to obscure a great deal of thematic depth below the surface. The iceberg theory is found throughout his works, as Hemingway’s prose just discusses what is right at the plot surface of the events unfolding in his stories, but ...

The Formation of the U.S. Federal Government

ABSTRACT
Review of the movie "The Patriot" provides a vastly entertaining supposition of the efforts of the South Carolina colony's Continental Army actions in fighting the British Empire's army on the road to creating the federal government. Admittedly, loosely based on important characters in this vital area of American history as well as combinations of important battles making up dynamic and visually exciting scenes, "The Patriot" serves more as a springboard for academic investigation of the facts depicted fictionally in the movie specifically connected to the main character of Benjamin Martin based on ...

Law

1a.) The four main components of a contract are: offer, acceptance, consideration and intention of legal consequences. The offer is considered complete if it states in definite terms of the agreement and it must be communicated to the offeree. The offer should not only include any estimation, manifestations of interest, requests for proposals or letters of intent. The offer is different from an invitation to treat such as advertisements and shop displays where the invitation to treat is inviting an offer to be made (Richards, 2009). In this given case, the offer was made through an advertisement in several newspapers ...

The purpose of laws is to control and standardize human actions for the overall good of society. Laws typically aim at deterring the incidence of harm to other people while simultaneously protecting the liberties of individuals. Law teaches that health care professionals owe a duty of care to their patients, and, if they breach that duty such that people are either injured or die as a result of such a breach, the health care professionals will have to pay a penalty. These penalties include, among others, loss of license, incarceration and financial loss (Cameron & Gumbel, 2010). Various types of law directly affect different ...

Reservoir Dogs, the 1992 independent gangster film that saw Quentin Tarantino's first foray into feature filmmaking, is a rousing tour de force of exploitation-level machismo, hip '90s nostalgia-cool and strong, theatrical performances. The film follows a group of color-coded gangsters as they fulfill Joe Cabot's (Laurence Tierney) orders to rob a jewelry store. Though the film shows the plight of various members of the gang before and after the heist, the heist itself is not shown. This treatment of time lends the film its incredible sense of urgency, energy, and desperation, as the audience is thrown into an unknown situation right along with ...

Censorship is a suppression of the speech or a given public communication which can be considered harmful, objective, inconvenient, or sensitive to the people as it is determined by the media outlet, government or other controlling body. In the Twentieth century, censorship was seen through examinations of plays, books, radios and television programmes, and news reports for purposes of suppressing or altering ideas that were found to be offensive or objective. Not all censorship is equal and they do not arise from external forces or government. There are different forms of censorship which are not obtrusive and they have to be ...