Essays on Proving

One of the fundamental methods of determining liability in Tort Law is the “but-for” test. According to the test, liability is analyzed by asking the question: but-for the defendant’s negligence, would the plaintiff have been injured or harmed? If the answer is no, then the defendant, and only the defendant, is liable for the plaintiff’s harm. While the “but-for” is a Tort Law fundamental, it sometimes proves inadequate in determining a defendant’s liability. Consequently, Tort Law has developed other means of determining the cause of a plaintiff’s injury in fact. One of the alternatives to ...

Q. 1: The Defendant’s Competence to Stand Trial

No, the defense team feels that the defendant is not competent to stand trial. This is because Mr. Stu Dents must have been suffering from delusions at the time of the commission of the alleged crime. From the evidence obtained in the Journal entries containing references to aliens, God, and the end of the world, it is argued on the defendant’s behalf that he was suffering from some mental defect which made him have a deluded feeling that killing was a way of “fulfilling his destiny.” Moreover, the defendant’s combative, irrational, and agitated behavior at the time ...

The “Son of Sam” Case

The Nature and Type of Defenses Used The main type of defense that was used in this case is the insanity defense. The insanity defense is a common-law excusatory defense under which a defendant in a criminal case asks the court to excuse them from criminal responsibility for their conduct. According to Math, Kumar, and Moirangthem (2015), the insanity defense rides on the assumption that at the material time, the accused person was ailing from a mental illness making them incapable of differentiating right from wrong behavior or appreciating the nature of the crime. The test for establishing the ...

Since ages, abortion has been a controversial and debatable topic in the country. Currently, the legal aspect of abortion has caused a stir in the masses. This matter can be discussed in the light of two opposing viewpoints professed by two personalities. For women, abortion is not as binary as it is considered and being pro-life or pro-choice is not a decision that anyone can make a certain set of principles which they have come to know of. This is exactly what TV show host and analyst, John Oliver discusses in a light-hearted manner on the show ‘Abortion Laws: ...

Assignment 3

Assignment 3

QUESTION 1 (1 point)

a) Statistical combination of the results of two or more studies

QUESTION 2 (1 point)

Figure 2 of the Jordan et al., meta-analysis depicts a forest plot illustrating the estimates of the association between hysterectomy and ovarian cancer. How many of the individual studies (in figure 2) reported statistically significant reductions in the risk of ovarian cancer in women with hysterectomy, compared to women without hysterectomy? Ans) There were 20 individual studies that reported statistically significant reductions in the risk of ovarian cancer in women with hysterectomy, compared to women without hysterectomy.

QUESTION 3 (1 point)

How would you interpret the overall summary estimate (relative ...

Essay

Democracy, for all its empowering aspects, isn't still practiced by every nation on this planet. Much like the Soviet Union, which collapsed on itself in the early 90s, there are a number of states in today's world that continue to be totalitarian in nature. For those living in democratic countries, this term might not be familiar and its practices even more so even if a business might want to expand to emerging markets that are controlled by their respective governments very different from the model that the United States among other democratic countries. While the definition of democracy is ...

The Challenge of Antibiotic Resistance: Has our use of Antibiotics Caused more Problems than it has solved?

Antibiotics are medicines which have bactericidal or bacteriostatic properties and used in treatment or prevention of microbial diseases (NPS 2012). Antibiotics a have been in existence for a long time and were initially known as antibiosis which meant against life, and by Jean Paul Vuillemin first used this term. He used the word to describe the properties which were exhibited by the early antibacterial drugs. In 1877 Antibiosis was first described by Louis Pasteur and Robert Koch when they observed the inhibition of growth of Bacillus anthracis by an airborne bacillus. In 1928 penicillin was identified by Alexander Fleming. ...

Introduction:

The case study has pointed out different challenges that is faced by a project manager. The book written by Laufer discusses about different core principles of leadership that is related to this case study. It can be used to successfully manage a project at different environment to achieve the desired objectives. There are many government employees who are not interested on new culture but prefer to close the project. The case study symbolizes it more clearly. As time passes Judy shows them importance of new culture and make them work on it to have profit and an air of ...

Sometimes, the perpetrator may be unsuccessful at his objective which is having sexual intercourse, but may sexually assault the victim through inappropriate touching, attempted rape. Rape is any form of sexual assault that is unwanted and that a person does not concede. These include oral, anal, and vaginal penetration.

The question of whether the victim knew the perpetrator is not relevant to date rape cases. The most grueling task in solving a date rape case is proving that it was ‘rape action’ and that the victim, did not consent to have any form of sexual intercourse with the perpetrator. ...

Interview Questions

The interview was conducted at 10.30 am on 5th of August 2016 The person selected for the interview was called John Austin. He is the Network Administrator for Safaricom Telecommunications Company located in Texas.

Describe your present position and career progression for an individual to hold this type of position.

My present position at this firm entails network administration. That is to say, that I am a Network Administrator. It is my responsibility to ensure that the computer network of the organization is up to date and running smoothly. The position is very important in coordinating the several systems for most organizations that uses several software or computer platforms. As a Network Administrator, I am ...

Judith Butler wrote the article “The Values of Difficulty” as a response to the article “Language Crimes: A Lesson in How Not to Write, Courtesy of the Professoriate” written by Denis Dutton. Butler defends her position in her essay and states that academic writers need to use complex terminology in order to express themselves and to shape the meaning in the right way. She believes that there is a connection between the language and the meaning and that a term could be misunderstood if simple language would be used. I agree with Judith Butler because she proves her point ...

The growth of LA as a religious hub in the US can be attributed to the high number of immigrants who chose to settle in the city. Almost all religions are represented in LA with minority communities playing a significant role in the establishment of distinct religious practices as well as institutions. The high number of churches established by different ethnic groups also explains the reason why LA is diverse regarding cultural divisions. Los Angeles is often described as a city with no ethnic majority because of the influence of various religious groups. Even the minority groups such as ...

CHAPTER 4PART I4. How can critical thinkers counteract confirmation bias?

A critical thinker should seek information from different sources. An issue at hand is considered from different perspectives and using Six Thinking Hats technique.5 What is an expert? An expert is a person who can acquire evidence and information that are superior to those of an ordinary person. 6 What should be our attitude toward a claim that conflicts with the expert opinion? The claim that is inconsistent with the expert advice should not shut down the possibilities that the allegations are untrue. As the law may require we may be forced or use personal intuition to judge between ...

Vid30 complex participation in the degradation of CDC25 in yeast and their role in Ras/ cAMP/ PKA pathway

Background: Unicellular organisms such as Saccharomyces cerevisiae in its total life cycle is exposed to diverse and changing nutrient conditions. Thus, in order to survive and achieve a competitive advantage, it has adapted itself such that it not only uses the wide range of available nutrient sources but also the sources that are nutrient rich. It mainly uses fructose and glucose by rapidly fermenting to alcohol. In response to these nutrient conditions, the intracellular trafficking transcription and turnover of protein from nutrient transporters (e.g. Hxts) get regulated. Therefore, when the availability of the glucose increases, the expression of low- ...

Introduction

The human body consists various cells that are actively involved in the maintenance of metabolism. Although, the body organs, cells as well as tissues usually carry out different functions, the body cells are similar in regard to their pertinent metabolic needs (Sherwood, 2015). Thus, maintaining the internal environment at a constant state mainly by proving the oxygen as well as nutrients and elimination of waste in the body is an essential process for the wellbeing of the cells as well as the whole body. As such, the various processes through which the human controls or regulates the internal environment ...

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 ...

The short story “The Storm” by Chopin describes the events that happen during a storm, and, consequently, brings out the characters of those involved in the story. Among the characters in the story is Calixta, who plays the role of a homemaker and has several character traits as shown in the story. Chopin describes the character of Calixta through her interactions with numerous other characters, some of whom belong to her family as well as others who are not part of her family. Kate Chopin’s “The Storm” is an interesting take as shown by the theme and the ...

Issue with the Justice System

Law Enforcement Introduction The terms law enforcement pertains to a government agency that assumes the responsibility of maintaining public order including public safety and enforcement of the law. There are several branches of law enforcement both local and federal that assume the said responsibility. The local police department, the FBI, Sherriff’s department, special jurisdiction police, and among others are inclusive of the term law enforcement because their key function involves, detection, deterrence, and apprehension of criminal activities. The discussion will highlight the key functions and purpose of law enforcement and the current issues facing this branch of the ...

The concept of error deals with the uncertainties made in measurements, which are hard to correct. Error, therefore, does not mean blunder. Error is divided into two categories, which include random and systematic errors. Accuracy, on the other hand, is the rate at which information matches the accepted or true values. As stated earlier, error is either random or systematic. Systematic errors are those that “tend to shift all measurements in a systematic way, so their mean value is displaced” (Error Analysis, n.d). These errors occur when there are wrong calibrations on the equipment of use or the failure ...

Africa has traditionally been a continent of mixed fortunes, where real-life stories of hope and despair abound. African traditions, values and customs have been slowly influenced by colonization and eventual globalization that has turned the world into a global village. The novel, Things fall apart, is a reflection of the extent to which Africans were tied to their beliefs and customs, as a violation of those customs was regarded as being disrespectful to the gods. Resistance to the new values and beliefs as brought by the missionaries are resisted since the communities regard them as inclined on disrupting the ...

The paper emphasizes the police as formal law enforcement agency destined to guard the rights of people in the society and involvement of local governments in policing. The minorities and women’s inclusion in the police department has proved improvement in policing over the time. Prime responsibilities of police in local government as well as in the state and the federal government are further explained in the essay. Social control is defined as the concept of people behaving and reacting to the troublesome individual. Few responsibilities such as inform to police if some unusual thing occurs in the neighborhood, ...

Abstract

This research was carried out with the aim of comparing rather simultaneous stimuli and proving that perceiving the temporal order is a vital part in the performance of tasks. However, it aimed to show the factors that lead to us being unable to make the right perception by the inclusion of irrelevant events in the visual field. It was conducted by recording the various readings that were collected from the behavioural index of the observers in the static distractor environments and in isolation. This research was carried out by 9 psychology undergraduates from the University of Western Sydney who ...

Introduction

Evidence takes many forms depending on the trials. Many cases use scientific as well as forensic types of evidence in proving innocence or guilt. Scientific evidence relates to trials in that the evidence is hypothesized, tested, and accepted among the members of the scientific community. Most forensic evidence is scientific, including DNA matching, hair/fiber evidence, and fingerprint identification. Evidence is important in the running of cases as well as ensuring that justice is properly served.

Sexual Assault

Sexual assault is defined as any coerced or forced sexual behavior or contact that occurs without consent from one of the parties. Some of ...

I agree with the arbitrator that the employer had no just cause to terminate the Grievant from employ based on the “tangible” information provided during the case. The arbitrator’s decision centers on his duly right assertion that the employer carries the burden of proving that the Grievant did or did not perpetuate the alleged violation of established rules. The employer, as described by the arbitrator, did not provide sufficient evidence to prove beyond reasonable doubt that the Grievant committed the violations that resulted in her termination. The employer’s case against the grievant hinges on the credibility of ...

There have been far too many headlines lately regarding a dangerous phenomenon that has become all too common. Police Officers caught in the act of treating suspects in abusive, inappropriate and lethal ways without any reasonable provocation. This shocking problem has existed for some time, but as technology increases and video is difficult to avoid, it is now only making it to the general public. Instances like these have inspired horror, anger, protest and, in many cases, retaliatory violence against random officers. The people all across the United States are losing their trust and faith in their police forces ...

Introduction

Aesthetic music is important in providing listeners with the unique experience that makes them enjoy the rhythm and harmonization of songs. Many people are interested in listening to music that has the ability to present the beauty and human enjoyment desired by fans (Bowman 2). Music needs to fulfil emotional needs of listeners and create the aesthetic valuation in terms of tone, tempos, the taste and judgement (Davis 61). The fact that music has the ability to affect emotions and intellectual capacity of the society means that artists ought to compose and perform songs that offer unique exposure while ...

Abstract

Smoking and nicotine addiction is one of the issues that has been widely discussed and blogged globally. There are several divisive issues with regard to the effects smoking and how the problem should be dealt with globally. The public health officials use empirical evidence to prove that smoking causes problems like lung cancer, sexual impairment, and depression. The cigarette manufacturers on the other end oppose the idea that smoking can be directly linked to any of the three mentioned problems. The responses to such issues include various empirical studies trying to prove the health implications of smoking. This paper ...

Cannibalism was quite common among the early man. The suggested reasons for cannibalism may be to survive starvation especially during the winter seasons or rituals performed by the early man when one of them died. This paper will shed light on prehistoric cannibalism and the disease, which can spread from one person to another because of cannibalism. Evidence that cannibalism prevailed in early man exists in the modern literature. According to the article written by John Roach, modern man contains genetic markers, which are an indicator that early humans were cannibals. Scientist attributes their discovery of genes protecting against ...

Over the years, the nursing profession has undergone various changes that have expanded as well as reshaped the concept of nursing. The evolution of the nurses’ roles have subsequently led to changes in the scope of practice. For instance, most of the current nursing functions were initially within the domain of medicine and other related disciplines (Barker, 2015). As such, this metamorphosis is part of the gradual maturity as well as evolution of the profession over time. In the light of this, Advanced Practice Nursing (APN) is one the key nursing specialties that has significantly evolved to become one ...

U.S. Position in the Post-cold War ERA U.S. Position in the Post-cold War ERA

The post-cold war saw the rise and growth of the Western liberalism and capitalism. The fall of the great communist powers gave the opportunity for capitalism to thrive in the world. The era of cold war was a struggle for power, where international political economy the struggle for power and wealth was witnessed and is still present to date. The struggle for power is what creates chances for conflict in the world, “the changes in the distribution of power between states increase the chance of ...

Sodas: From Health Drink to Casual Beverage Prior to its current image as one of the most esteemed and consumed beverage across the globe, the history of soda drinks began with the manufacturing of carbonated water by Joseph Priestly, and Torbern Bergman’s invention of a mechanism turning carbonated water into chalk form with the use of sulfuric acid in the 1700s. However, Bellis and Oatman-Stanford noted that the newly manufactured good of Priestly and Bergman was met with little success in the market due to financial constraints and the presence of a weaker glass industry making it different ...

The post-cold war saw the rise and growth of the Western liberalism and capitalism. The fall of the great communist powers gave the opportunity for capitalism to thrive in the world. The era of cold war was a struggle for power, where international political economy the struggle for power and wealth was witnessed and is still present to date. The struggle for power is what creates chances for conflict in the world, “the changes in the distribution of power between states increase the chance of conflict in the international system (Gilpin 1918).” The power shift from dominance by the ...

Malpractice is defined as a wrongdoing by an expert of a particular profession, for example, a doctor, lawyer, an accountant or a dentist. Malpractice and negligence lawsuits in the United States are quite common. Medical malpractice is described as any act or omission by a medical professional such as a doctor, nurse, physician or technician that causes harm, injury or death to the patient at the course of treatment. Simply put, a medical malpractice occurs when a medical professional for example a nurse or a doctor performs or fails to perform an action that in itself causes injury to ...

(Course number)

Introduction This perennial question about the existence of God has always been the favorite topic in many debates. It seems that this issue has never been laid to rest yet. This time, the debate was hosted by Birmingham University, in October 2011, and the protagonists were Professors William Lane Craig, who defended the issue on the existence of God, against Professors Peter Millican, a skeptic and atheist himself, who believes that God does not exist. Both were top calibers in their own field of expertise and they presented their position thoroughly well. I agree with Professor William ...

It is well-known that “assisted suicide and euthanasia have long been contentious issues worldwide» (Barbuzzi 16). Euthanasia is defined as the deliberate, intentional and active termination of the patient’s life in cases when death will benefit this patient (Gregory 397); this method is usually applicable for the patients with incurable diseases and in need of relief of the suffering caused by the disease. Moreover, both passive and active euthanasia methods are possible, though both evoke ethical and moral concerns and trigger debates on the subject of euthanasia legalization. Although physician-assisted suicide and active euthanasia have been legally permitted ...

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 ...

History

Food for the Poor is an interdenominational, Christian charity whose core undertaking is to provide food, medicine, and shelter among other services to poor people living in the Caribbean as well as Latin America regions. Food for the Poor is among one of the largest international relief non-profit organizations in the United States. The company was started in the early months of 1982 by Ferdinand Mahfood with the purpose of strictly aiding the poor who were living in Latin America as well as the Caribbean (Dear 1). Soon after, clergy members drawn from many Christian churches and denominations joined ...

Introduction

Defamation is the publishing of a statement regarding a person’s reputation to the effect that the statement lowers the person in the estimation of right thinking members of the society. The offence is divided in two different torts; slander and Libel. The earlier distinction between the two indicated that libel involves publications made in printed form while slander is basically oral defamation. However, with recent technological advancement, the approach is that libel occurs when the defamatory statement is in permanent form while slander has to make statements which are not recorded or not in permanent form. In order ...

Cover Letter

We are a consulting company known as The Proving Ground offering business services to any client based on their scope of operations. We have vast experience in the delivery of consultative work with a vision of improving the customer’s rate of productivity in their areas of operation. The company would like to apply for the activity of research based on the products made by your business. We shall further provide an analysis based on a comparison of the competitors’ products once used by the customers. The staff of The Proving Ground Consultation firm will be pleased with receiving ...

In order to properly address the pertinent legal issues to the parties, it is important to break up the potential tort liability to each individual party. This paper will be broken up into the potential torts faced by the intruder, Sharon & Daryl, and Spring Field Arms Apartments. This way, each party will have a clear understanding of where they may in fact be liable.

The Intruder:

The intruder will be potentially liable for burglary. Additionally, the intruder is also potentially liable for battery and assault charges based on the injuries sustained by Sharon & Daryl who were arguably combating the intruder by ...

In my essay, I will be defending my position that there is a universal definition of ‘word’ that can be applied to all languages. For proving my point, I will provide example of two totally different languages systems: Chinese and English. These two languages are considered to be used by the most number of people in the world (Wan & Yim 507). First, I will discuss the case that the origin of these two languages system is similar. Both languages originate with similar rules: hieroglyphic words and eye movement. I will provide many interesting examples about eyes movement in from “ ...

INVENTORY OF STATEMENTS ABOUT SELF-INJURY (ISAS)

This will help us to establish, among others, the following: Effect-regulation, interpersonal boundaries, self-punishment, self-care, anti-dissociation/feeling-generation, anti-suicide, sensation-seeking, peer-bonding, interpersonal influence, toughness, marking distress, revenge, autonomy. It takes the following stipulated format as per the previous studies by Glenn et al (2013).

SECTION I: BEHAVIORS

This questionnaire asks about a variety of self-harm behaviors. Please only endorse a behavior if you have done it intentionally (i.e., on purpose) and without suicidal intent -i.e., not for suicidal reasons (Glenn et al 2013). 1. Please estimate the number of times in your life you have intentionally (i.e., on purpose) performed each type of non-suicidal ...

Delivery date

INTRODUCTION Over the year’s rape victims have faced possible and serious, uncertain outcomes of their cases. This uncertainty arises from the fact that the victims are not believed mostly where women and girls are the victims. The reason being that underage girls are not taken seriously in the society and what they do or say does not count. For the older women, many passes them never to be victims of rape cases since it is assumed that just because they are old nobody would be interested in them. Reforms have been introduced to the police forces to cater ...

[Subject/Course] [Submission Date] #1001168032 LIN200TUT5203

In my essay, I will be defending my position that there is a universal definition of ‘word’ that can be applied to all languages. For proving my point, I will provide example of two totally different language systems; Chinese and English. These two languages are considered to be used by the most number of people in the world (Wan & Yim 507). First, I will discuss the case that the origin of these two languages system is similar. Both languages originate with similar rules: hieroglyphic words and eyes movement. I will provide many interesting examples ...

Capital punishment is also known as the death penalty. This process involves the infliction of death to individuals as a punishment for certain offences by the judicial processes. This form of punishment has been practiced in the past by almost all the societies. However, a majority of the countries in the world today have abolished it, with only a few countries still following the death penalty sentencing. The deliberations over the propriety of the death penalty can be almost as old as the death penalty itself. It is interesting to note that the philosophical and moral arguments put forward by various individuals ...

Is there a valid contract between the parties or May Jones legally have the contract declared as not valid?

For a contract to be valid, it should contain parties competent of contracting, approval of the parties, a legitimate objective, and consideration (Swartz 23).Jones went into a contract with defendants knowing of the special clauses within the contract. There was consent, there was competency, and there was a legitimate objective and consideration. Therefore, the contract was valid. However, a contract relating to a minor (a person under 18) might be implemented or annulled by the minor, except for the contract being for basic requirements for instance foodstuff, accommodation, of which one might be held accountable for the rational price of what was acquired. From the ...

Introduction

This is one of major problems facing the animal sector. It is a problem because it has grown steadily over the decades in the quest for the search of cure to certain diseases. This has been fostered by scientific research by doctors who see it fit to use animals instead of using human beings themselves.

This problem was best brought out by the evidence that some doctors have acquired proving that it does more harm than good. Animals are becoming extinct because of this. This is why some doctors are opposing animal experimentation as they know what is at stake.

...

As of 2010, the current U.S. population is around 310 million people. According to Alcohol, Tobacco, and Firearms Bureau, approximately 45 % of American households, which are represented by over 65 million people, who own a total of more than 200 million firearms. Every year the amount of arms in private hands continuously increases by 4.5 million unit (Kleck, 1997, p. 45). The Second Amendment to the United States Constitution of 1791guarantees Americans the right to keep and bear firearms. There are a number of federal laws, regulating ownership and use of firearms, however, every American state establishes the majority of gun ...