Essays on Facie

Philosophy Questions

1. Ross’ s Moral Theory is considered to stand between Kant’s strict deontological theory and theological theory of utilitarianism. According to the philosopher, there existed several prima facie duties that people had to hold in respect if they did not contradict one another. In case they conflicted, human’s intuition would help to make the right choice and find the weightiest and the most important duty. Ross stated that any prima facie obligation could be redefined by more important ones. While Kant saw all obligations absolute and exceptionless, Ross allowed maximization of the good as one of the ...

Introduction to Law

Issue 1: Whether Glen’s reckless driving constitute negligence A prima facie case of negligence involves a harm (physical, economic, or emotional distress) that is a direct result (causation) of a defendant’s careless conduct. Negligence involves a three-pronged analysis of defendants conduct: 1) breach of a duty of care that runs afoul of a reasonably prudent person in similar circumstances 2) plaintiff injury that is direct result of this breach; and 3) whether injury to plaintiff was foreseeable consequence of this breach. For purposes of Negligence it does not matter if defendant had intent to injure plaintiff. Here, ...

Introduction

This paper discusses the roles of specific players within the criminal justice system, namely judges, prosecutors and defense attorneys including how these roles sometimes intermingle with reference to given fact patterns.

The Role of the Prosecutor

Should Joe Justice want to get the deal done with Jim Lawbreaker, some of the options available for him including entering into a plea agreement or arrangement and studying the arresting or investigating police report to ascertain details of the crime and its magnitude. Yes, Joe Justice has enough evidence to take against Stick Martin to grand jury. According to Gaines and Miller (2012), a prosecutor has a ...

Discussion Question Journal

Chapter 14: The Social Contract Tradition Problems and Prospects Is it immoral to be a free rider? Is it irrational? Does the existence of free riders raise a serious problem for contractarianism? Why or why not? Take for instance a borehole constructed in an arid region by villagers. All member are to participate in contributing cash for this purpose. The water will serve the interests of the villagers. If say one or a group of members chose not to contribute but still got to use the water once the borehole was made, they would be referred to as free ...

Section

The Bidding Charterparty invited tenders for the construction of a new cruise-liner, to be called the Ocean Carpathia. Donelly was invited to tender. However, the person responsible for receiving tenders left work early.

ISSUE: WON Donelly Brothers can compel recognition of its bid? HELD: Yes

DISCUSSION: Similar to the case of Blackpool v Blackpool, it is the duty of the entity requesting for bids to inspect all those which have been submitted. In the case at bar, MC Donelly was actually able to submit its bid on time. It is not the fault of the bidder that their documents were not received in time, as it was the responsibility of the ...

Epicurus viewed death as annihilation. He observed that people fear death because they think they will have unpleasant life after death. He says this fear can be removed when a personal understands death as an annihilation since the atoms that make life disperse after death. He thinks that death is neither harmful for the people who are living nor to the dead. This, he argues, is because the living are not dead while the dead do not exist. He also thinks that when people anticipate death it is erroneous for them and irrational since there is no life after ...

HIV screening is a procedure that many countries have adopted the world over in a bid to get the necessary statistics to ensure effective detection and treatment of the virus. However, Mandatory HIV screenings is a radical measure that raises various moral and legal questions with regard to the need to protect the society and the duty to respect individual rights. There are various moral arguments that are aimed at supporting mandatory HIV screenings including paternalism, prevention of vertical transmission, and facilitation of behavior change.

Prevention of Vertical Transmission of the Virus

Mandatory HIV screenings during prenatal care are essential because they help to prevent the ...

This paper will discuss whether it is ethical to compulsorily stop migrants from entering and settling in the US or not. First, the paper will look at Huemer’s argument on the migration issues. Although many believe that it is important to keep away immigrants in order to maintain any nation’s integrity and culture, Huemer argue that it is not right to bar immigrants from entering into the United States. He argues that immigrants do not bring economic hardships for existing citizens as most countries belief. Secondly, this paper will discuss what some critics about these arguments reason ...

ABSTRACT

The process of instructing/teaching debating the affirmative proves a technical and philosophically based endevor as presented in this scholastic document. The instruction of debating the affirmative incorporates specific concepts related to vocabulary terms connected to this field. As a function of a representative democratic society debate on policies, affecting the quality of life of humans as equal entities makes the affirmative position for policy change an important technique for change in society. Therefore, the instructional intent of teaching debating the affirmative provides in the following document aspects about what an affirmative position needs apply in structuring an argument creating a policy change case. ...

Discrimination Lawsuit: Disparate Impact and Treatment

Unfortunately, discrimination can take place in the workplace affecting the employees. To try to prevent these occurrences, federal laws have been enacted that prohibit such behavior. Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex, and national origin; it prohibits both in disparate treatment and disparate impact. Disparate impact refers to rules, policies, and practices by an employer that appear to be neutral on their face, but have a disproportionate impact on members of a protected class. Disparate treatment, on the other hand, is intentional discrimination (See EEO). If someone is the victim ...

Introduction

In criminal and civil cases, prosecution is to prove the relevance of evidence beyond a reasonable doubt. Only in this case, the prosecution work can be called successful. However, there are cases when it is rather difficult to prove the relevance of evidence beyond reasonable doubt. Burden of proof is

In the case of OJ Simpson, the prosecution had to prove that the defendant was guilty beyond a reasonable doubt. This means that prosecution had to present such relevant evidence that the defense could not disprove any fact.

Prima facie is another term that will be used in the case analysis. ...

Part I

Ethics is the set of beliefs, ideas and guidelines as to what determines the behavior. It is the accepted code of conduct amongst a given group of persons/society. According to Paul and Elder (2), ethics is "a set of concepts and principles that guide us in determining what behavior helps or harms sentient creatures". It also describes of what is good, what is right and how one ought to know what to do. This study gives a description of the different prime theories on how they affect the human sexuality and marriage.

Ethical egoism is a theory based on an individual doing ...

Introduction

A contract can be defined as a relation between two parties, who enter into an agreement that will be bidding to them and enforceable by law. The consent of the parties should be a voluntary affair. There are various categories of contracts. The following cases studied below fall under the category of a sale of goods contract. For a sale of goods contract to be legally binding to the two parties, it must fulfill all the legal requirements of a valid contract. This means that there should be adherence to the requisite elements which include an offer, an unequivocal acceptance, and intention between the ...

In this presentation, I will be making a presentation to the court seeking an arrest warrant against one Damien Jones following the murder of Paul “Shorty” Alcorn. I have sufficient evidence to enable me to present a prima facie case against the said accused person. That evidence ranges from police reports regarding the homicide, police reports regarding the robbery with violence; we have forensic reports and also the analysis of the forensic reports. In the analysis of the forensic reports, we will be looking at the various pieces of evidence including documentary evidence. We also have the various property records of ...

Introduction

Islamic criminal justice system is unique compared to other criminal justice systems of the world, for example, the British criminal justice system or even the American criminal justice systems. Whereas the essence of penology in an American justice system would be aimed at imposing stiff punishment to heavy or complex crimes, Islamic criminal justice system is aimed at imposing the stiffest penalty to simple crimes so that more complex crimes are not committed in future. The penalty is thus deterrent in a special way. Furthermore, this justice system practiced by Muslims is ordained by God, implemented by the Prophet and, ...

Is Homosexuality Really Immoral?

Homosexuality is a topic that has become an ethical dilemma in the society today. More and more celebrities and prominent people are coming out and confessing that they are gay. This brings us to the question, is homosexuality really immoral? Well, according to the Vatican, it is. There are over 1.2 billion Roman Catholics in the world. This means that the Vatican controls or influences a very large population of the world. Vatican’s argument is weak because it contradicts their own beliefs by condemning homosexuality whereas we have gay’s clergy among them. According to the Vatican there are ...

A civil suit brought for violation of Title VII of the Age Discrimination in Employment Act (ADEA) and constructive discharge in violation of the Employee Retirement Income Security Act (ERISA).

Facts of the Case:

Andrew Terry, the plaintiff, is a white male who began working for the INS (Immigration and Naturalization Service) in New York as a Special Agent in 1976 aged 30. When he was over 40 years old, he was not selected for a vacant position of supervisory criminal investigator. He was not even on the “Best Qualified List” (BQL), even though he had 17 years experience compared with the younger African-American candidate with ...

- Happy Valley Inc Case Study - If Happy Valley Inc. did anything wrong, what was it? Good faith bargaining between the union and the employer requires the employer to provide the union representative with information regarding employment data (Walsh, 2012). Good faith does not require specification in legal agreements. It is presumed the parties involved will act fairly and honestly in order to maintain mutual rights to the benefits of the agreement. The NLRA requires good faith bargaining by every employer working with a union so an agreement is reached. In the instance of Happy Valley ...

Intellectual property is universally characterized as non-physical property, which is a product of the unique thought. The control of physical expressions of ideas surrounds the intellectual property. The intellectual property protects the content’s- creator’s concern in the ideas by allocating and imposing the legal rights to create and control of the somatic instantiation of the ideas. This essay intends to examine the meaning of intangible property in relation to Adam Moore’s ideas. According to Moore, intangible property can imply various aspects but all of them should have the feature of non-physical property types whose control surrounds ...

This discourse seeks to address the place of social media in the legal fraternity. The paper, essentially seeks to address the freedom of speech vis a vis the place of social media as far as the freedom of speech is concerned. The vital question that this paper seeks to address is; are citizens accorded total or full freedom when it comes to expressing ourselves in social media as a way or an avenue of airing out our issues? Social media in this context refers to but not limited to Facebook, YouTube, Twitter, to go, My Space and Whats up as ...

Introduction

This paper will study the criminal justice process that should be followed when deciding a case of murder of two persons namely Mrs. Lucy Lane and Mr. Rodney Hill, whose bodies were discovered on the roadside after a bloody murder by unknown assailants. The paper will look at the process starting from investigation and search by the police, arrest, arraignment of the suspect in court to take their plea, the subsequent trial by the court, judgment and eventually sentencing. The paper will follow an American Justice System Approach in the whole process.

According to the information provided, Mr. John Wolf of ...

Background

Tricia is CEO of Able Again, which is a non-profit organization: it partners with a for-profit organization for the manufacture of low-cost adapted motorized scooters for the disabled. She as requested advice from her ethics consultant regarding issues facing her company. She has heard about ethical theories, which typically provide conflicting opinion. She wants her ethics consultant to compare and contrast them, with examples and in the context of her company’s issues. Her chief concern is to persuade her board about the advantages of being ethical in business practices. Secondly, she wants to learn a lesson from Ford Pinto case. ...

Business Law Case Study

Debbie Gates is eventually laid off on account of her alleged heavy drinking, a fact she denies vehemently. She joins issues with the fact that her former employer, Prada, informs anyone who cares, the reasons (heavy drinking) for her dismissal, a fact she also learns from other employees and not directly from her former employer. Following her dismissal, Gates and her friend Zuckerberg team up to form a rival company to their former employer and name it, Prado ostensibly to deceive unsuspecting customers. Further, they poach the Chief Financial Officer of their former employer who helps them lure more customers and investors ...

Question one: Miles

The Miles case is fairly straight forward. The issues put forth for determination by the court can be summed up in the following questions. One, what rights Miles has against his parents? Two, what rights the parents have? Three whether on the request by the parents, Miles can be removed from the team without his consent? And lastly, whether his parents can take part or all of his income? In the ensuing discussion, the paper shall answer all the questions. From the onset, it is imperative to note that the Court should be guided by the holdings in Tye ...

Greek mythology affected almost every aspect of Romans and cultural transmission contributed a lot in this phenomenon. Several stories and historical accounts of both these great civilizations suggest about the founding of roman city and how the same was affected by Greek mythology. This paper intends to discuss how Greek mythology affected the idea of founding their city by Romans and other related aspects of life. We get a substantial amount of information about founding of roam from Livy’s history of Rome which suggests Romans built their pantheon of gods after conquering Greeks. The deities of Romans were highly ...

What were the legal issues in this case? What did the appeals court decide?

A lawsuit was filed by David Dunlap against Tennessee Valley Authority or TVA under Title VII of the Civil Rights Act of 1964 for racial discrimination during selection of candidates. The district court found that the plaintiff Dunlap has endured discrimination under both disparate impact analyses and disparate treatment, stating that the subjective hiring process of TVA allowed racial discrimination against Dunlap and other colored applicants. The Court of Appeals decided that although there was enough evidence to show that TVA was guilty of practicing disparate treatment, there was not sufficient proof to corroborate disparate impact. Taking into ...

Introduction

The judgment of human actions being wrong or right depends on experience. As Marquis puts it that it is immoral to withdraw life from any normal person under normalcy in respective conditions. He presents that the most important thing to ever hind a person to pursue is the stand of his or her future. Sinnott-Armstrong, argues reasonably that Marquis argument lacks enough philosophical grounding and reasons to support the argument. A typical anti-abortionist argues on the basis that life starts at conception and the fetus looks like a baby as it possess the human traits in the sense that it ...

The moral permissibility of zoos turns on two major issues, utilitarian issues and animal rights issues. Those who concur with the animal rights issues hold that the assessment of a zoo should be done with considerations of how the animals are being treated, better still their rights. It also turns on the second issue that is the utilitarian grounds. From this perspective, the interests of the animals in the zoo must factor in when carrying out an assessment of a zoo. These particular interests include the interests of the animals in terms of freedom of movement as well as adequate and ...

DRAFT

This memo provides a comprehensive discussion on the various causes of action that Shewin may asset in good faith. The memo will canvas the elements that must be proved in all available causes of action. The paper will examine the facts that support each element and the facts that disprove any elements.

CHART ANALYSING THE VARIOUS CAUSES OF ACTION

ANALYSIS OF SHEWIN’S PRIMA FACIE CASE AGAINST BLABBER NEWSPAPER There are three main causes of action available to Shewin, if she is to take legal action against Blabber. These are discrimination, sexual harassment and hostile work environment. This memo will, in this section, canvas the three ...