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Threats Of Journalism In Risen
Threats to Journalism Over the past few years, threats on journalism increased immensely due to the past attack on September 11, 2001.
Journalists are misrepresented as criminals due to their involvement in leaking information about topics that the government chose to keep
secret. The disclosure of this confidential information forced the Obama administration to pursue journalists and bring them to court. This
attack on journalists may continue or get worse under Donald Trump because Trump has deliberately and strongly shown his dislike towards
media through his speeches and even on his twitter. Trump also feels the need to follow in Obama's footsteps and continue with the legacy of
prosecuting journalists. Nonetheless, even though many journalists ... Show more content on Helpwriting.net ...
Journalists are forced to reveal their sources in court regardless of if it will help a case or not. Obama has successfully prosecuted nine cases
against journalists and because of this he has created a leeway for Trump to further silence the media. With this record, Trump can only
increase the number of journalists prosecuted every year. Journalists are people who distribute news to the public so that the people can get
an insight in what is happening in the world and do something about it. However, with the new system that the government is trying to order
it will be hard for news to spread without being sent to testify in
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Motion To Quash Case Study
Respondent, Killeen Independent School District ("KISD" or the "District") files this Response ("Response") to Petitioner's Reply ("Reply")
to Respondent's Opposition and Reply ("Opposition") to Petitioner's Motion to Quash Issuance of Commission to Take Deposition on
Written Questions and Issuance of Subpoena Duces Tecum for Laruen Monroe, Katherine Spencer, and Brenda Smith ("Motion to Quash")
and would show that the Petitioner is not entitled to quash the subpoena duces tecum and deposition on written questions. All of Petitioner's
arguments, raised in his Motion to Quash and Reply, fail as a matter of law. The Motion to Quash brought by Petitioner's Counsel should be
denied.
Response
Failure to Confer
Respondent renews its request that ... Show more content on Helpwriting.net ...
What is relevant is whether the information sought by Respondent is relevant to the subject matter of this action and whether the information
sought is reasonably calculated to lead to discovery of admissible evidence. As accurately pled in Petitioner's Opposition, the information
that the speech therapist, occupational therapist, and behaviorist possessed when they made recommendations for educationally related
placement and services are relevant, or at the very least reasonably calculated to lead to the discovery of admissible evidence .
Even if Petitioner's Counsel had appropriately cited Rule of Evidence 510, Counsel inaccurately construes the rule and misquotes the law.
Petitioner Counsel misquotes Texas Rules of Evidence, Rule 510(b)(1) in her Reply . Texas Rules of Evidence, Rule 510(b)(1) actually
states:
(b) General Rule;
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Joe Shlobotnik Washington Bugler Analysis
Anonymity Vs. The Law A reporter of the Washington Bugler, Joe Shlobotnik, wrote a story last year accusing the local director of the
United Way, Dr. Harvey Serene, of embezzling more than $400,000 in funds that were donated to the organization by members of the public.
The story initiated after a call was made from Serene's administrative assistant, and part–time lover, Rose Mary Woods. Woods agreed to
communicate with Shlobotnik on given terms that her name was to be kept anonymous. Shlobotnik agreed on these terms, and promised that
her name would remain unidentified. Disregarding the promise, Shlobotnik went ahead and informed the managing editor of Woods' identity,
following his newspaper's policy. Woods provided Shlobotnik with 117 ... Show more content on Helpwriting.net ...
The subpoena that was ordered to Shlobotnik to disclose of any records in his possession that were relatable to the case, can be argued with
the fact that it intrudes on the editorial process, therefore violating the First Amendment – the right the speak without fear of state
interference (RCFP). People that are involved in the case, see a subpoena as an easy and cheap way to get information that's relatable to the
case. Another case that results in a subpoena being quashed includes the Sykes v. Bayor case. A subpoena was issued to blog owner Kathleen
Seidel, who writes about autism issues. In one of her posts, she wrote about the link exposure to mercury to the plaintiff's son's autism. Their
attorney served Seidel with a subpoena, and in return, she provided the judge with a collection of information that was so well argued that
she managed to quash the subpoena
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Civil Litigation Interrogatories
IN THE UNITED STATES DISTRICT COURT FOR THE STATE OF WISCONSIN
CONSTANCE WOLF, ) Plaintiff, ) C.A. No. 06–626 v.s. )
LEWIS E. OLSON and ALBERT DOBIASH, ) MOTION: Defendants. ) Trial by Jury Demanded
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
NOTICE OF SERVICE:
PLEASE TAKE NOTICE, that the undersigned, Elise Smith, Esquire, did prepare Defendants, Lewis E. Olson and Albert Dobiash's
Interrogatories to answer.
Same were served on counsel by regular mail in accordance with the attached mailing affidavit. SMITH & ASSOCIATES By:
________________________ Elise Smith, Esquire #173 Attorney for ... Show more content on Helpwriting.net ...
(d) Option to Produce Business Records. If the answer to an interrogatory may be determined by examining, auditing, compiling,
abstracting, or summarizing a party's business records (including electronically stored information), and if the burden of deriving or
ascertaining the answer will be substantially the same for either party, the responding party may answer by:(1) specifying the records that
must be reviewed, in sufficient detail to enable the interrogating party to locate and identify them as readily as the responding party could;
and(2) giving the interrogating party a reasonable opportunity to examine and audit the records and to make copies, compilations, abstracts,
or summaries.
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
INTERROGATORY QUESTIONS:
1– How long have you been in business?
2– Where, when, and how did you obtain your qualifications to become a home inspector?
3– How many years have you been performing home inspections?
4– How many if any complaints have been filed against you?
5– Approximately how many home inspections do you perform per month?
6– Did you inspect the foundation at: 442 Hillshire Lane, Friendship, WI?
7– If so, what were your findings?
8– What tests did you perform at the residence on: 442 Hillshire Lane, Friendship, WI?
9– Is there any tests that you could have performed but failed to perform at this residence?
10– Have you
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The Ethical Decision-Making Model
I believe the initial considerations are related to Bill making a good faith effort to protect his client (the child) and provide confidentiality
using a sound ethical decision–making model, his ethical identity, the code, and the agreed upon "informed consent". He is now on the
witness stand in a courtroom testifying. His role should be that he is a clinical mental health counselor in private practice and his client is the
child. However, I believe Bill has made some mistakes along the way with his decision–making, the use of the code, and now his ethical
identity is challenged in what could be a high pressure courtroom setting. It does seem that he is not actually sure what his role is at the
moment. In the chain of events leading ... Show more content on Helpwriting.net ...
However, since the mother was most likely the one who initiated the subpoena, then perhaps this was not possible. It does seem at this point
as if communication between Bill and the mother was not sufficient to continue with a sound relationship and there was potential that she
might terminate the counseling services provided by Bill. It would be prudent for Bill to anticipate the need to make a referral. Bill and his
lawyer also could have written a letter to the court stating that they wished to comply with the law, but that Bill was ethically obligated to
testify about them unless compelled to do so by the court or with the consent of the client (APA, 2006). However, since the mother was most
likely the one who initiated the subpoena, then she would have also provided consent. In writing such a letter, Bill and his lawyer could have
also requested that the court consider Bill's obligations to adhere to federal requirements (e.g., the Health Insurance Portability and
Accountability Act of 1996 [HIPAA]), to protect the interests of the child (APA, 2006). Bill could have cited his ethical standards, which
support him in safeguarding the child's confidences and privileged information (ASCA, FAQ). He could have explained that the state will
gain no new knowledge should he testify, but on the flip side the child may be harmed by my testimony (ASCA,
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What Is A Paralegal?
What is a paralegal? Paralegals are a distinguishable group of persons who assist attorneys in the delivery of legal services. Through formal
education, training, and experience, legal assistants have knowledge and expertise regarding the legal system and substantive and procedural
law which qualify them to do work of a legal nature under the supervision of an attorney. (The Paralegal Professional By Walter Lundstein,
Esq. Pg 2) Being a paralegal comes with many responsibilities but most importantly code of ethics. One as a paralegal should always follow
the National Federation of Paralegal Associations code of ethics (NFPA Code of Ethics) To follow these guidelines means to work in an
honorable efficient manner. In the following paragraphs I will discuss various scenarios involving a paralegal working at a law firm and I
will identify the ethical rules the paralegal and/ or the attorney violated and give some examples of how they could have avoided it.
Monday On Monday Carl started working for Dewey, Dewey, and Howe. Carl is assigned to be attorney Howe 's paralegal. After discussing
key points attorney Howe steps out. Within that time Carl meets Jane Smith and her boyfriend Zeke. Jane is looking to get an uncontested
divorce. Without the authorization of attorney Howe Carl agrees to speak to Jane about her legal troubles. Carl proceeds to introduce himself
to the couple , "My name is Carl Jackson," says Carl... failing to use his appropriate title as attorney Howe 's
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Examples Of Informal Letter To Javaria And Vania
Mike, Below is my proposed email. I am assuming that it will come from you, but I am happy to send it to Javaria and Vania if you wish.
Please let me know if you want any additional information. Thanks, Jim Hello Javaria and Vania, The Office of the Inspector General
requested that we advise it by Monday if we would agree to produce Danielle Hill for an informal interview. The interview would not be
recorded and Ms. Hill would not be placed under oath. Moreover, our office and a representative from United, if desired, would represent her
during the proceeding. The interview would take place at our office on a date convenient to all the participants, although the OIG would like
to proceed as soon as possible. If the parties agree to the interview, we recommend that we schedule a meeting with Ms. Hill a day or two
beforehand in order to prepare her ... Show more content on Helpwriting.net ...
However, in the event the OIG issues a report upon its completion of its investigation, a copy of the summary, with all contact information
redacted, would be provided to the Mayor's Office, Corporation Counsel, and the Department of Aviation. With regard to the subpoenas, the
OIG is currently not pursuing the materials and information requested therein. Unfortunately, it would not agree to withdraw the subpoenas
at this time, but it is open to discussing the topic after Ms. Hill's interview. The OIG also indicated that it might wish to speak with Jennifer
Kirkendahl, but again, it will not make that decision until after talking with Ms. Hill. We recommend that United agree to produce Ms. Hill
for an informal interview under the terms set out above. We believe such an agreement will demonstrate United's willingness to cooperate
and will assist in persuading the OIG to withdraw its subpoenas. Therefore, kindly advise at your convenience if we are authorized to
produce Ms. Hill for her
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Akram Dejam Case Study
Mr. Akram Dejam is a foreign resident alien. He arrived in the United States in 1996 from Yugoslavia. His immigration and naturalization
file indicates that he was born in 1970 in Sarajevo. In connection with his immigration, Mr. Dejam stated that during the years 1988¬ to
1993 he was a student. Recently, the U.S. Office of Special Investigations (OSI) received information that Mr. Dejam was perhaps not just a
student during these years. In fact, he may have been a war criminal, formerly engaged in atrocities during the on–going civil war in his
home country. Based on this information, the OSI is now investigating Mr. Dejam. In connection with this investigation, OSI has issued an
administrative subpoena demanding that Dejam produce documents ... Show more content on Helpwriting.net ...
Gecas, 830 F. Supp. 1403 Gecas stated in his application for an Immigrant Visa that, during the years 1938 through 1944, he was a "pupil" in
Lithuania. Gecas swore that this information was true. The petitioner now claims to have evidence that, during this period, Gecas, in fact,
assisted the Nazi forces then occupying Lithuania, and that he participated in the persecution of persons because of their race, religion,
and/or political opinion. Had this information been known to petitioner at the time of Gecas's immigration, he would have been disqualified
from entering the United States. In furtherance of its investigation into Gecas's wartime activities, the petitioner, through its Office of Special
Investigations ("OSI"), issued an administrative subpoena commanding Gecas to give testimony and to produce documents relating both to
his immigration to the United States, and to his activities in Europe between 1940 and 1945. Gecas does not challenge the validity of the
administrative subpoena. Nor does he argue that OSI is without the power to issue such subpoenas. Finally, it is undisputed that, although he
faces the possibility of deportation, Gecas faces no threat of criminal prosecution in the United States. His only complaint is that his answers
to the investigator's questions, along with the production of the requested documents, would expose him to possible criminal prosecution in a
foreign country. Gecas argues that the Fifth Amendment to the
... Get more on HelpWriting.net ...
Electronic Communications Privacy Act ( Ecpa )
Abstract
The Electronic Communications Privacy Act (ECPA) was a pretty progressive law at the time it was enacted. It enhanced the privacy
protection that was originally delineated in the Omnibus Crime Control and Safe Streets Act of 1968 by also adding communication
protection for pagers, email, cell phones, service providers, and computer transmissions. The ECPA addressed the legal privacy issues that
were surfacing with the rising use of networks, computers and other new innovations in electronic communications. The first large
computers had been built as early as the 1950s, with the first development of a mass–market microcomputer starting in 1977. The
development of ARPANET in the late 1960s and early 1970s would eventually lead to ... Show more content on Helpwriting.net ...
The ECPA safeguards electronic, oral, and wire communications during creation, in transit, in storage and relates to electronic mail, phone
conversations, and data that is stored electronically. The intended purpose of the legislation is to reassure customers that their private
information will remain secure from public exposure. The ECPA includes three main provisions for communications privacy titled the
Wiretap Act, Stored Communications Act, and Pen–Register Act.
Wiretap Act
The Wiretap Act has provisions that safeguard an individual's telephonic and computer–based voice communications from being captured,
used or released by another individual. This Act prohibits the listen in on and electronic bugging, the physical custody of bugging or tapping
equipment, as well as the "use or disclosure of information unlawfully obtained" from the use of said equipment." (Unknown, 2013). The Act
also provides exceptions for service providers, in specific instances, and for law enforcement to perform electronic eavesdropping, under the
Foreign Intelligence Surveillance Act. It affords processes for government entities to acquire judicial consent for obtaining such
communications, and controls the usage and release of this information acquired from legal eavesdropping.
Stored Communications Act
The Stored Communications Act encompasses the rights of
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The Aryan National Liberation Front
Arthur "Buzz" Hirsch, a St. Joseph News–Press reporter, conducted a background investigation on the Aryan National Liberation Front
(ANLF). This group is one of white supremacist and anti–government ideology. This group, according to confidential sources, is involved in
harassment and tax evasion. Two incidents, a bombing on February 12th (which two men have been arrested for) and a shooting that took
place on March 10th, are believed to be connected to the ANLF. However, a confidential sources says the ANLF has nothing to do with the
shooting. Recently, police and a member of the prosecutor's office showed up at the News Press offices with a warrant, demanding Hirsch to
turn over all notes, research materials, and recordings relating to the ANLF. Also, he was urged to identify his sources. Hirsch refused to do
both. Whether or not the prosecuting office can demand Hirsch to turn over any information depends on court precedents and current laws.
In Branzburg v. Hayes (1972), the Supreme Court decided the First Amendment did not grant reportorial privilege in the court. This means
journalists and other members of the press cannot use freedom of speech as a defense in order to not testify. This includes if a source was
meant to be confidential. Lower courts interpreted Branzburg differently. In the case of Branzburg, reportorial privilege was unnecessary.
Later with Zerilli v. Smith (1981), the D.C. Circuit Court of Appeals concluded that reportorial privilege existed.
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Ethical Dilemmas In Health And Social Care Case Study
1. Is there an ethical violation, dilemma or concern and, if so, what is it? By Madeline receiving a subpoena duces tecum, she is expected to
personally appear at a deposition or in court with documents in hand. Though, the fact that the patient's authorization to release his/her
information is missing the date will make the subpoena duces tecum invalid. The ethical dilemma is created when Madeline calls the
attorney's office and informs the attorney's legal assistant of the missing element on the authorization and she receives the same document
with a date written within five minutes. This make Madeline suspects that the legal assistant was the one who wrote the date on the
authorization and not the patient. Is it ethical to Madeline ... Show more content on Helpwriting.net ...
According to the AHIMA Code of Ethics Tenets: II. Put service and the health and welfare of persons before self–interest and conduct
themselves in the practice of the profession so as to bring honor to themselves, their peers, and to the health information management
profession. IV. Refuse to participate in or conceal unethical practices or procedures. o Madeline should go to the hospital ethics committee
and ask for advice on how to address the ethical problem. Identify alternatives o Provide the records and appear at the deposition or the court
and pretend that the date was not falsely written by the legal assistant. o Summit a motion to squash, which is a written objection to the
subpoena, explaining that the subpoena duces tecum she received was not valid because the authorization from the patient was not dated.
Call the legal assistant and let her know that she believes that she was the one that wrote the date and that she will not accept the document
as valid since it was filled out properly by the patient Evaluate the
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Plaintiff's Case Controversy
Reference is made to our recent tele–conversation on the above matter.
As spoken, you have confirmed that the dispute is only between the Plaintiff and the Defendant (who are both our customers) and the bank is
not party to the suit. Further, the Plaintiff's solicitors had approached you to be a witness for the trial next week. The solicitors for the
Plaintiff also had requested for the statements of accounts belonging to the Plaintiff and the defendant.
In regards to the disclosure of customer information, please be guided by the Bank's Circular on the same. Please take note that the Bank is
governed by the secrecy provision of the FSA 2013. Please take note that this matter is doesn't fall under any category of Schedule 11 of the
FSA. ... Show more content on Helpwriting.net ...
Please be advised that if the matter is fixed before the Sessions Court, you may disclose the customer's information as it is a permitted
disclosure under Schedule 11 of the FSA 2013. However, if the matter is fixed before the Magistrates Court, you are required to obtain the
defendant's consent before any disclosure. If the Court insists on disclosure of the defendant's information, you must notify that you are
prohibited from such disclosure as no consent was given by him. However, in the event the Court compels you to disclose the information,
kindly inform the Judge that the Bank is bound by duty of secrecy and you are revealing the same subject to the order of the said Court.
Please note that you should not be disclosing any other information other than as mentioned in the Subpoena. During the hearing, you are
required to answer the questions within your knowledge. If you are unsure / not within your knowledge, you may inform the Court
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The History Of Media Shield Laws
This paper will discuss the history of media shield laws in the U.S. and Hawaii. It will argue the pros and cons of the need and importance of
such shield laws in Hawaii to help enhance the First Amendment. According to the West 's Encyclopedia of American Law (n.d.) shield laws
are statues that "make communications between news reporters and informants confidential and privileged, freeing journalists of the
obligation to testify about them in court." The encyclopedia compares this to a doctor–patient, lawyer–client or priest–parishioner privilege.
Where these laws are in action, journalists are free to protect their sources. If subpoenaed by a state court, journalists are free to refuse to
give up their confidential sources or unpublished material. This makes it easier for journalists to report on a broad variety of topics, but these
laws are also controversial because they challenge the government interests when it comes to bringing criminals to justice (Shield Laws,
n.d.). Research shows that Hawaii used to have a shield law – the best in the country according to several people – but it was overturned in
2013. Today, 49 states and the District of Colombia have implemented shield laws of different variation of protection (Riker, 2015). At the
same time, there does not exist any media shield laws at the federal level (Shield Laws 101, n.d.). History of Shield Laws The first
documented case of the need for shield laws for journalists found place in 1848. A journalist was
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DUI Checkpoint Fraud Case Study
DUI Checkpoint Procedures – Mr. Seeget claims perjury, obstruction of justice, extortion, abuse and embezzlement of public monies for
various employees being involved in the operation of the DUI checkpoint on May 10th, 2014 at Mission Blvd and Linden St. However, Mr.
Seeget's does not list facts to indicate the improper involvement or conduct with the operation of the DUI checkpoint. Additionally, Mr.
Seeget sent his complaint to the California Office of Traffic Safety who reviewed his claims and found no improper conduct on the part of
the Pomona Police Department or any of its employees, to include grant funding and compliance.
CHP Form 180 – Mr. Seeget claims that various employees are involved in collusion, fraud, forgery and impersonating ... Show more
content on Helpwriting.net ...
Piedra advised that the Records Bureau received a fax from Attorney Diamond's office on 8–4–14 and a representative from his office came
in to the Police Department on 8–14–14 to pay the $275.00 for the appearance of Officer Hamilton at the DMV hearing. The representative
from Diamond's office only paid for Officer Hamilton and failed to pay any monies for copies of requested records.
A review of the request by Attorney Diamond's office immediately shows problems for various reasons. First, the production for documents
at the DMV hearing either did not exist or were not in possession of the department. However, even if documents could be produced, the
subpoena is problematic because the request for Hamilton to appear, and the request for documents, were served on the same subpoena.
Normally they are requested separately because the time frames and costs associated with each request are different.
A subpoena for the officer must be accepted if within five business days at a cost of $275.00 but the production of documents is fulfilled
within 10 to 15 calendar days at an additional cost. Attorney Diamond's office gave the bare minimum of 10 days for the production of
documents and failed to pay the appropriate fees which would prevent their release by the department (assuming there were any documents
to be
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The Municipal Code
The Office of the Inspector General (OIG) was established by § 2–56–010 of the Municipal Code of the City of Chicago. § 2–56–030(b) of
the Municipal Code charges OIG with the duty and authority to investigate the performance of government officers, employees, functions
and programs in order to detect and prevent misconduct, inefficiency and waste in the City government. Municipal Code, § 2–56–030(b).
The Municipal Code mandates a duty to cooperate with OIG to every City officer, employee, department, agency, contractor, subcontractor
and licensee of the city, and every applicant for certification of eligibility for a city contract or program. § 2–56–090. Those with a duty to
cooperate must provide information to OIG upon its request. § ... Show more content on Helpwriting.net ...
Each day that a violation continues constitutes a separate and distinct offense. Actions seeking the imposition of a fine only shall be filed as
quasi–criminal actions subject to the provisions of the Illinois Code of Civil Procedure, as amended. Actions seeking incarceration, or
incarceration and a fine, shall be filed and prosecuted as misdemeanor actions under the procedure set forth in § 1–2–1.1 of the Illinois
Municipal
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The Responsibility To Access To The Wayland Manufacturing...
E. Admissible Evidence Public records can be accessed utilizing various state and federal government websites like the SEC and Dun &
Bradstreet (D&B). For example, I want to secure Wayland Manufacturing Company's latest Annual 10–K Report. To find the report, I visit
the SEC's website and enters the company's ticker symbol into EDGAR. A list populates with the company's report filings that I can search
through to collect data. However, access to some public governmental records like telephone records require an authorized subpoena under
the Freedom of Information Act. For example, I wish to review Fred Newbaker's telephone records, but I cannot access them without a
subpoena. Since I am only auditing the company's financial records, ... Show more content on Helpwriting.net ...
Evidence must be "relevant to an issue that is in dispute in the case," "material", "established as authentic," and "legally obtained" (2017
Fraud Examiners Manual 2017). Relevant evidence increases or decreases the likelihood of fraud occurring if the evidence had not been
obtained. Material evidence provides valuable information to prove the existence of fraud. Establishing authenticity requires that I show
proof that the evidence I found is legitimate and that no changes occurred between its seizure and utilization in court proceedings. Finally, all
data provided as evidence must be legally obtained. Asking for permission during the audit engagement makes the evidence admissible,
however, denials may result in subpoenas if the case is tried during criminal or civil proceedings. Failure to comply is a law violation, which
results in the evidence's inadmissibility (2017 Fraud Examiners Manual 2017). F. Professionalism & Integrity Professionalism requires me to
act competently during the audit engagement. If I am unable to secure data from an employee's hard drive, I can ask for assistance from a
more experienced colleague on my team. Proceeding with the extraction without assistance from a competent colleague could corrupt the
data and jeopardize any existing evidence. If I am unable to extract the data due to a lack of knowledge or expertise, I
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Patient-Physician Contract
Marisela Perez
Ms. Tan
Due Thursday, November 28th, 2010 1. Explain patient–physician contract
A physician has the right, after forming a contract or agreeing to accept a patient under his or her care, to make reasonable limitation on the
contractual relationship. The physician is under no legal obligation to treat patients who may wish to exceed those limitations. Under the
patient–physician contract, both parties have certain rights and responsibilities. 2. Patient right and responsibilities
Patients have the right to choose a physician; although some managed care plans may limit choices. Patients also have the right to terminate
a physician's services if they wish. 3. Patient responsibilities
Patients are also part of the ... Show more content on Helpwriting.net ...
11. When did HIPAA became a law? What are the goals of HIPAA?
On August 21, 1996, the U.S. Congress passed the Health Insurance Portability and Accountability Act (HIPAA). The primary goal of the act
are to improve the portability and continuity of health–care coverage in group and individual markets; to combat waste, fraud, and abuse in
health–care insurance and health–care delivery; to promote the use of medical savings account; to improve access to long–term care services
and coverage; and to simplify the administration of health insurance. 12. State three purpose of HIPAA
–Improve the efficiency and effectiveness of health–care delivery by creating a national framework for health privacy protection that builds
on efforts by states, health systems, and individual organizations and individuals.
–Protect and enhance the rights of patients by providing them access to their health information and controlling the inappropriate use or
disclosure of that information.
–Improve the quality of health care by restoring trust in the health–care system among consumers, health–care professionals, and the
multitude of organizations and individuals committed to the delivery of care. 13. What is HIPAA privacy rule?
The HIPAA Standards for Privacy of Individually Identifiable Health Information provide the comprehensive federal protection for the
privacy of health information. The privacy rule is
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Negligence Wrongful Death Suit
Negligence 1
Negligence:
Wrongful Death Suit
September 26, 2010
Negligence 2
Negligence: Wrongful Death Suit
The healthcare industry is booming and people will always need to be cared for at hospitals, doctor's offices, and etc. Healthcare
professionals must be careful and focused on everything they are doing with their patients. They must keep track of patients' charts and
medical procedures. If something goes wrong with the patients' medication, surgery, or treatment and causes an unfortunate death of the
patient then the patients' family can sue the employer for a wrongful death suit. What is the difference between subpoena and subpoena
duces tecum?
A subpoena and subpoena duces tecum are both similar but yet ... Show more content on Helpwriting.net ...
(Medical Law and Ethics, 2009 Chap. 6 Pg. 216) No, there isn't any legally recognizable injury to the patient. None of these accorded the
patient suffered cardiac arrest and died. The patient would have to seek recovery or compensation but in this case the patients family has
filed a wrongful death suit.
In your own words, what is Res Ipsa Loquitur?
Res Ipsa Loquitur is the Latin meaning of "the thing speaks for itself". (Medical Law and Ethics, 2009 Chp.6 Pg. 123) I would say it means
that any evidence that is visible and can clearly tell you what happened just by looking at whatever you may see at first sight.
Differentiate between negligence and malpractice Negligence is failure to proper care in doing something. (Staff Development Weekly:
Insight on Evidence–Based Practice in Education. 2005.) For example, not giving a patient the right medication causing them to have a
seizure. Malpractice is improper, illegal –or– negligent professional activity –or– treatment. (Staff Development Weekly: Insight on
Evidence–Based Practice in Education. 2005.) For example, a patient has a bad cough and the doctor thinks it'll go away with regular
medication. Since the doctor doesn't
Negligence 7 thoroughly examine the patient he doesn't know the patient has a severe case of pneumonia and misdiagnosing the patient.
Differentiate between the following types of insurance: a) Liability insurance–Contract by which one person promises to compensate or
reimburse
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Case Analysis : Dr. Hawk
Information was emailed to Agent Meyers for his records. Also on this date I requested a subpoena for patient records from Hawk for Moss,
Licavoli, Cook, Frangel, Wilson, and Johnson to be served at the April 8, 2015 appointment. Koch is yet to be correctly identified therefore
records will be requested at a later date if possible. Subpoenas were also requested for Washington County and St Francois County Coroner's
Offices.
Interview with Dr Andrew Hawk, 1 Dillon Plaza Dr, High Ridge, MO (636) 677–3012
On April 8, 2015 I interviewed Dr Hawk at his current place of business. After introducing myself, telling Hawk the reason for the
appointment I gave Hawk the Subpoena for patient records. Hawk said he would be unable to provide the records as he no longer had access
to WCMH files. Hawk said if BHA could provide the records he would be happy to answer any questions. I told Hawk I would inquire with
my supervisor as to what needed to be done under the current circumstances. Dr Hawk gave the following information regarding his prior
position with Washington County Memorial Hospital (WCMH): Dr Hawk said he mark section 18 "yes" because he was and is still under
review by the DEA regarding prescriptions he did while employed by WCMH in Potosi, MO. Hawk said the entire episode has left him
frustrated and stressed. WCMH originally hired him as a Family Medicine Physician but forced pain management patients of another
physician onto him after the physician left the
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Divorced Women
Case One – Group of Divorced Women and Separated Women This case involves issues of Privacy and Confidentiality. NASW Code of
Ethics, (n.d.), section 1.07 Privacy and Confidentiality addresses privacy, confidentiality, and disclosure. Paragraph (j) states, "Social
workers should protect the confidentiality of clients during legal proceedings to the extent permitted by law. When a court of law or other
legally authorized body orders social workers to disclose confidential or privileged information without a client's consent and such disclosure
could cause harm to the client; social workers should request that the court withdraw the order or limit the order as narrowly as possible or
maintain the records under seal unavailable for public inspection" ... Show more content on Helpwriting.net ...
Social workers may limit clients' right to self–determination when, in the social workers' professional judgment, clients' action or potential
actions pose a serious, foreseeable, and imminent risk to themselves or others" (p.4). Many of the other members of the group do not want
one person in the group.
In this instance as the Social worker, I believe it would be important to recognize that sometimes, as much as we need to respect the feelings
of others, we must also recognize the purpose and goals of the group as a whole. In addition, I would ensure that the criteria for the group is
in accordance with the NASW Code of Ethics, and access to service is not being denied. I have the responsibility to facilitate the issues
identified and address the group and what the goals we have established are meant to accomplish. Since this clients' actions are disruptive
and damaging, then I would devise an alternate individual plan to assist her to meet the same goals as the
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United Airlines, Inc.: Case Study
We are in receipt of the above–referenced subpoenas directed to United Airlines, Inc. ("United") and issued by the Office of the Inspector
General ("OIG") on April 12, 2017 and April 13, 2017, respectively, in relation to the United Express Flight 3411 incident involving
passenger David Dao on April 9, 2017 (the "Incident"). As previously discussed, our office represents United Airlines, Inc. ("United"), and
we are appreciative of the opportunities that the OIG has provided to allow us address this matter and we hope to be able to continue our
dialogue. Further, we kindly request that you continue to forward any future communications relating to these subpoenas to our attention.
Thank you for the OIG's agreement to extend United's time ... Show more content on Helpwriting.net ...
Dao v. City of Chicago and United Airlines, Inc., Case No. 2017–CH–05227, pending in the Circuit Court of Cook County, Illinois, County
Department, Chancery Division. Moreover, Dr. Dao's attorney has advised our office that additional passengers from Flight 3411 have
contacted his office regarding additional claims potentially asserted against United. Seemingly, those potential claims would also involve the
City. Thus, there exists a heightened degree of concern regarding producing documents, sworn testimony, and other evidence to any entity
outside of and without the protection of the formal rules of discovery while litigation is pending and being contemplated. This is particularly
true here, where the Office of the Inspector General cannot itself seek enforcement of the subpoena, but must instead "look to the
Corporation Counsel when judicial enforcement of a subpoena is necessary." Ferguson, 2013 IL 112488, ¶33; see also OIG Press Release,
Inspector General's Statement Regarding Ferguson v. Patton Ruling (Apr. 17, 2013) ("Today, the Illinois Supreme Court ruled that the OIG
does not have the statutory authority to enforce its own subpoenas. The Court's opinion requires the OIG to go to the City's Corporation
Counsel to enforce its subpoenas."). And, as the OIG acknowledged in other cases, as well confirmed in writing in this matter, the OIG
would share documents, statements, and
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Marbury Vs. Madison: Supreme Court Case
The case Marbury v. Madison occurred in 1803, in the District of Columbia. This case really began in the election of 1800, where Thomas
Jefferson beat John Adams out of office. This election caused unrest for the Federalist and his associates, and in the last few days before the
end of his presidency, he appointed multiple justices of peace for D.C. in order to fill the courts with Federalists to oppose the incoming
administration. Their commissions were approved by the government, but Adams didn't have the time to have them sent out before the end
of his presidency. This meant it would become James Madison's, Jefferson's Secretary of State, responsibility to deliver them, but Jefferson
ordered him not to. Soon after catching word that William Marbury, one of the chosen justices, would not be receiving his commission, he
spoke out to the Supreme Court and petitioned for a writ of mandamus, which is a legal order, that would basically force Madison to give an
explanation as to why he would not be receiving his commission. ... Show more content on Helpwriting.net ...
The unanimous decision stated that while Marbury did deserve his commission, the Supreme Court would not force Madison to deliver it to
him, the only power able to do that would be by the Constitution, and there wasn't anything in the document that would grant the Supreme
Court to issue this order, and Congress, in Justice Marshall's opinion, didn't have that power either. In the end, Marbury never became a
justice of the peace, but instead, a very important precedent was
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Son Therapy Case Study
After completing ten session with the son, his mother informs me that their insurance panel did not approve further treatment. Keeping in
mind of the principle 1.11 from the AAMFT Code of ethics I would not abandonment the client. Unless the client mother come up with
alternative means of payment for her son therapy, I would take the action of making reasonable arrangement for continuation of treatment
(Caldwell, 2015). But, due to the fact that insurance panel will approve further treatment, I would not be able to space out other session.
The action that I would take based on my client circumstances with their insurance panel not providing anymore treatment, would not be
anything that would constitute client abandonment or neglect ... Show more content on Helpwriting.net ...
Once the therapist has made the determination of termination she/he must prepare the client for termination by explaining the process and
listen how the client feel about the termination process (Shaw, 2015). Also, the therapist should include some benefits of the new service that
has been recommended through referral. This would help the client to transition to a new service in a more healthy and therapeutic way
(Caldwell, 2015).
After having one year of therapy with the mother son, I received a subpoena from the mother lawyer asking me to be part of the court
proceeding, with the mother asking the court to grant her sole custody of her child. The subpoena was asking me to provide information
concerning the divorce and child custody as addressed in the previous therapy and that I will be called to testify. The action that I would take
is first thing that would probably do in my current dilemma dealing with the subpoena would be to lawyer–up myself seeking and obtaining
legal advice from an attorney (Shaw, 2015). Also, I would review the AAMFT Code of Ethics to see what it entail in reference to the
concerns about subpoena as well as finding out what the local, state, and federal laws about subpoena (Caldwell, 2015).
The son is the only one that was receiving therapy but the son is ten years old which constitute the son as being a minor child by law.
Therefore the minor child which is son must have the
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Case Study: Verizon Legal Compliance
the subpoena was sent to Verizon Legal Compliance by Michael Trudeau on October 31, 2011. The subpoena specifically requested:
"subscriber and billing listings and all calls derived from a special computer run regarding incoming and outgoing calls, and subscriber and
billing listings made to and from telephone numbers (508) 939–9183 and (508) 693–9286 from October 17, 2011 to October 19, 2011."
Verizon Legal Compliance responded to the administrative subpoena with a ten–page fax on November 17, 2011. [Attachment #4] The
contents of the fax included a cover sheet, a blank page, five pages of phone records, and a fax confirmation sheet; it is unknown what pages
nine and ten included, as it was not provided to bar counsel. It is possible that pages nine and ten were copies of the original faxed subpoena.
The records provided only appear to be a list of phone numbers and do not indicate which subpoenaed number they correlate with, when a
call was made, and if a call was made or received. Laura Marshard's home number, Gabe Grasing's home number, and Mary Grasing's home
phone number all appear on the list. ... Show more content on Helpwriting.net ...
In addition to specific phone numbers, all subpoenas included language requesting that the carrier search for any phone lines associated with
Laura Marshard, Gabe Grasing, and Mary Grasing. [Attachment #5] Per bar counsel's subpoena to Verizon landline, bar counsel learned that
Gabe Grasing's home landline was owned by Comcast from 10.1.11 through 11.6.11, therefore it is reasonable to the conclude that the
records the DA's Office sent an administrative subpoena for only pertain to Mary Grasing. The significance of this will be discussed further
later in this
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Legal System
The Legal System Imagine you are the director of health information services for a medium–sized health care facility. Like many of your
peers, you have contracted with an outside copying service to handle all requests for release of patient health information at your facility.
You have learned that a lobbying organization for trial attorneys in your state is promoting legislation to place a cap on photocopying costs,
which is significantly below the actual costs incurred as part of the contract. (Case Study, p. 20) Review this case study. Define and describe
each branch of government and discuss the roles each branch will play in considering this legislation. How would you and your professional
organization act to influence this ... Show more content on Helpwriting.net ...
The parties or their attorneys have an opportunity to explain their view of the dispute. Arbitration is the submission of a disputed matter to an
impartial person (the arbitrator) for decision. Arbitration is typically an out–of–court method for resolving a dispute. The arbitrator controls
the process, will listen to both sides and make a decision. Like a trial, only one side will prevail. Unlike a trial, appeal rights are limited.
Health Records Pretend you supervise the correspondence unit of the health information services department of a medical center. Today, you
received a subpoena duces tectum from an attorney, demanding either the originals or copies of all health records concerning Mary Smith,
who allegedly is or was a patient of the medical center. The subpoena lacks sufficient information for you to determine whether Mary Smith
is or was a patient in your facility. The subpoena is not accompanied by a valid authorization to release information for Mary Smith, as
required in your state. (Case Study, p. 62) How should you respond to the subpoena? In addition to providing the legal rational for your
response, describe the necessary information the subpoena should have included. Assuming Mary Smith was a patient at the facility, who has
ownership over her health record – Mary Smith or the medical center? A Subpoena is a legal document or order requiring an individual to
appear, and usually to testify, in court on a certain date
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What Does American Gangster Mean
The movie I decided to analyze was American Gangster. The movie is about a kingpin name Frank Lucas who became the biggest heroin
seller in Harlem, NY. Frank Lucas started off as a driver for another gangster named Bumpy Johnson. Bumpy Johnson ended up dying due to
a congestive heart failure. Once he died Frank Lucas too over the operation Bumpy Johnson once ran. Frank Lucas wasn't satisfied with the
money Bumpy Johnson was making from his operation. He decided to go to Bangkok to buy heroin because he buy heroin at a cheaper
percentage and make more money in Harlem. He transported heroin through US military plans that ran from Vietnam to the United States.
Frank Lucas had the best quality of heroin in Harlem which he decided to then trademark ... Show more content on Helpwriting.net ...
The first issue I addressed was The Knock–and–Announce Requirement. The Knock–and–Announce Requirement wasn't done correctly
within the movie and I stated what was done wrong. Second issue, was Information Obtained by an officer through Informants. I addressed
how informant's information is always question and sometimes it might not always be valid. Third issue, was Jurisdiction. I addressed how
there are certain situations when police officer have to cross Jurisdictions due to a valid cause. Fourth issue, was traffic stops. I addressed
how illegal traffic stops could cause in the evidence seized to be inadmissible in court. Fifth issue, was evidence. I addressed the two
different types of evidence which are direct evidence and real evidence. Sixth issue, I was subpoena. I addressed how the subpoena makes it
mandatory for a witness to come to court. The seventh issue, was trail courts. I addressed how trial courts hears evidence, applies the law,
and decide whether someone is guilty. Then the eighth issue, I addressed was the plea bargain. I stated how the prosecutor gets the accuser to
plead guilty to a lesser charger with expectation of leniency. The ninth issue, I addressed was search warrant. A search warrant is an order in
writing, issued by a proper judicial authority, in the name of the people, directed to a law enforcement
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Birth Worksheet
Birth Registry/Unbilled Accounts I followed Monica A. Rios in the Birth Registry area. The duties of a Birth Registry clerk include
collecting information from new mothers at their hospital bedside and inputting the data into IVRS database. At the end of this process the
child's birth certificate will be produced. I will attach the Live Birth Worksheet she uses to attain statistic information on the child and
parents. The best part of my day at birth registry is interacting with the new parents and assisting them with the worksheet. Ms. Rios on this
day had a backlog of worksheets that needed to be collected from the parents, which can be challenging at times. If the parents do not get the
worksheet filled out and back to her, she would have ... Show more content on Helpwriting.net ...
Being exposed to so many parts of HIM and actually preforming those functions has helped me to visualize what I will be expanding on in
class when I get back to school. Although my experiences thus far have been in facilities that were mostly hybrid and not too much of the
paper environment, I did get an idea of the functionality of facilities that are mostly paper based from the feedbacks of the other students on
moodle. This also exposed me to functionalities that would exist in these types of environments like record assembly. Spending time in each
area of HIM has also been an enlightened me on what it is I want to do. Prior to my on site experience I wanted to shy away from the idea of
going into management and wanted to go into ROI because it was something I knew I can perform easily. Spending time in these areas, I
realized that it would be a major step back to go into any of those areas. I am going to school for management and I shouldn't aspire to
become anything less. This is the major awakening, I experienced on my PPE site visit. Once I came to this decision, I started to look at the
different functions of the department through a different set of eyes so to speak. I know can examine the different areas of HIM and look for
improvement or even take notes on how well the area is performing due to the policies and procedures in place. I have experienced growth in
a manner that I find myself to be
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Newport News Shipbuilding And Dry Dock Company Case Study
Facts
Newport News Shipbuilding and Dry Dock Company (NNS) performs designs, construction, repair and overhaul for ships, primarily for the
United States Navy. On February 1987, the Defense Contract Audit Agency (DCAA) issued a subpoena duces tecum to NNS demanding
financial statements, federal income tax return, Virginia income tax return and associated schedules for the period 1 January 1983 to 1987.
NNS provided the state tax returns to DCAA but withheld the reminder of the subpoenaed documents claiming the demand was unlawful
and unenforceable and filed a declaratory judgement action which the Government moved to dismiss. The district court denied DCAA's
order for the documents and the Government appealed this decision. Issue
What is ... Show more content on Helpwriting.net ...
In this situation DCAA subpoenaed trial balance, adjusting entries, segment financial workpapers, consolidating entries, formal consolidated
balance sheet, income statement, Federal income tax return and any other associated document (state income tax return was provided to
DCAA.)
In its defense, NNS claimed that DCAA may subpoena materials that it is used only for determining contract costs or data that is utilized for
allocating costs to specific Government contracts. However, these documents provide DCAA with factual data that is used to verify actual
cost both direct and indirect (i.e. G&A overhead cost.) The court rejected NNS's argument that proposes that DCAA can only review cost or
pricing data used to calculate costs charged to the Government.
The basis of the rejection is documented in 10 U.S.C. Sec. 2313(a) and 2306a(f)(1) which authorize DCAA to subpoena objective factual
documents that can be used to evaluate the "accuracy, completeness, and currency of cost or pricing
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Watergate Scandal Of United States Vs. Nixon
In the landmark court case of United States vs. Nixon the court had denied Nixon's presidential power of executive privilege to halt the
subpoena against him. The court concluded that his exercised power was not absolute and the need for evidence outweighed the presidential
privilege as it was infringing on a criminal case. This case against Nixon was a result of one of the worst presidential scandals in U.S.
history. The scandal was the Watergate scandal.
The presidential scandal known as Watergate was a shameful incident within the history of American presidents. It was a scandal that later
set precedent on the limitation of presidential powers. It was a time when the president was viewed as a tyrannical power. Furthermore as a
result, there were numerous consequences, which led to reforms that are still impacting our government as well as the presidency. The many
crimes that Nixon and his administration committed in attempt to cover up involvement throughout the Watergate ordeal resulted in the
prosecution of many of high–level government officials. It also led to the only presidential resignation in history in August of 1974.
During this time in American history, America was in the midst of the Vietnam War, a war that nobody liked or really understood. This
presidential scandal damaged the image of President Nixon and subsequently tarnished America's outlook on the presidency as well. This
event further stimulated an era of public distrust towards the American
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Frederick Mutual Insurance Case Summary
BRIAN CULP AND FREDERICK MUTUAL INSURANCE COMPANY'S
MEMORANDUM IN SUPPORT OF THEIR MOTION FOR A PROTECTIVE ORDER
Brian Culp and the Frederick Mutual Insurance Company (hereinafter referred to collectively as "Movants"), through the undersigned
counsel, move this Court pursuant to Md. Rule 2–403, Md. Rule 2–510, and Md. Code (2008, 2017 suppl.) § 9–405 of the Courts and
Judicial Proceedings Article ("CJP"), for a protective order as to the Subpoena and Notice of Deposition of Brian Culp, Propounded by
Defendants, Lowe's Home Centers, Inc.; Dave Swagger, a/k/a/ David Swagger; and Randolph Scott ("Defendants"), and in support thereof,
state as follows:
STATEMENT OF FACTS
On or about February 26, 2016, Plaintiff; Joyce Ollie Floyd, ("Floyd") ... Show more content on Helpwriting.net ...
The Lowe's Defendants also assert a cause of action for breach of contract against Groundtec claiming that it breached paragraphs 23 and 26
in the Agreement. See Exhibit A, at ¶¶ 23–28.
In support of these allegations, the Lowe's Defendants cite to the insurance provision at paragraph 23 in the Agreement, and allege that
Groundtec was required to name Lowe's as an additional insured on Groundtec's general liability policy. See Exhibit A, at ¶ 11. The Lowe's
Defendants also cite to the indemnity provision at paragraph 26 in the Agreement and allege that Groundtec was required to defend and
indemnify Lowe's as an additional insured on Groundtec's general liability policy. See Exhibit A, at ¶ 11. At all relevant times, Groundtec
was insured by and through a general liability insurance policy issued by Movant, Frederick Mutual Insurance Company, which has a
principle place of business at 57 Thomas Johnson Driver, Frederick Maryland 21702. Mr. Brian Culp is an employee of Frederick Mutual
Insurance Company, and was assigned to supervise the claim by the Lowe's Defendants against Frederick Mutual's insured, Groundtec.
Shortly thereafter, the Lowe's Defendants, by and through counsel, demanded that Groundtec and/or Frederick Mutual Insurance Company
agree to defend and indemnify the Lowe's Defendants pursuant to Groundtec's contract with Merit Service Solutions, LLC (a non–party) and
based upon the Lowe's Defendants' claims that they qualify as additional
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Pre Motion Requirements Adequate Failure
Respondents have satisfied Md. Rule 2–402(b)'s pre–motion requirements sufficient to justify their initial failure to disclose electronically
stored information. Specifically, promptly after receipt of 50NL's subpoena, Avpro delivered its objections to the subpoena to 50NL
indicating that: "[Avpro] objects to the Subpoena to the extent it calls for information or documents that are not known or reasonably
available to the Witness or whose collection and review unreasonably burdens the Witness, a non–party. . . . [Avpro] objects to producing
any documentation that is not contained within its business records. [Avpro] objects to producing text messages." "[Avpro] objects to the
Subpoena as unduly burdensome to the extent that [50NL ... Show more content on Helpwriting.net ...
Md. Rule 2–402(b)(2). The merits of Respondents' contentions are addressed in Parts I (B), infra. Nevertheless, the plethora of notice that
50NL has received regarding the grounds for Respondents' objection is more than sufficient so as to permit this Court to reach the questions
as to whether the requested discovery is unduly burdensome or costly, and whether 50NL's need outweighs the burden and cost. II. The
Discovery Requested by 50NL is Unduly Burdensome and Costly, and 50NL's Need Does Not Outweigh Avpro's Burden and Cost. The
relevant inquiry in this matter is whether the discovery requested of Avpro is unduly burdensome and costly, and if so, whether 50NL has
shown that its "need for the discovery outweighs the burden and cost of locating, retrieving, and producing the information." Md. Rule 2–
402(b)(2) (emphasis added). Notably, the plain and unambiguous text of this rule indicates that upon a prima facie showing of undue burden
or cost, 50NL must affirmatively show that its need for the discovery outweighs Avpro's burden and cost
... Get more on HelpWriting.net ...
Requestor Case Study
1. Determine if the request is valid–verify identity and authority of the requestor. Request legal picture identification, such as a driver's
license or passport. 2. Validate that the format of the request meets state legal requirements for a valid subpoena or court order. Check state
law for specific requirements. 3. Determine the legal power of the document: Patient or legal guardian request via phone–information may
not be disclosed without written authorization. Patient or legal guardian request via e–mail–these requests are difficult to authenticate.
Organizations should outline a policy to deal with these requests in accordance with state laws. Patient or legal guardian request via formal
HIPAA–appropriate written authorization–information
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Patient Privacy Laws
1. State laws provide a patient with access to his or her Health Information. Insurance companies and pharmaceutical companies may have
access to a patient's health information since this authorization was signed and dated by the patient. I would release this information to
Aetna. 2. Health Information must be maintained in compliance with legal and ethical standards. Healthcare organizations must be very
careful in how they use this information on patients. Patient privacy laws govern access and use of all information. I don't think that the
medical student or the department member should be able to review these records because more than the MI might be found in these records.
I would not release these records to the student although I would
... Get more on HelpWriting.net ...
Home Invasion Case Summary
– This was a significant motion by an informant to supress his subpoena. – The motion was brought about with regards to the limitations of
the waiver for confidential informant privilege. – The informant was detained on October 31, 1999 for a home invasion. – Subsequently after
his apprehension, he gave a statement to the police connecting three people to the home invasion. – The informant pled guilty on November
25, 1999 in Youth Court. – Because of his plea, his declaration implicating the co–accused was never given to his counsel. – His counsel
discovered that the informant was considered to be a confidential informant on March 21, 2001. – The three suspects were detained on
charges involving the home invasion in 2000. – Their initial inquiry was held in April ... Show more content on Helpwriting.net ...
– At that point, the Crown provided the defence counsels' the original statement from the informant. – The Crown declared that he planned to
call the informant as a Crown witness. – On February 15, 2001, the officer in charge went to the house where the informant was serving his
open custody portion of his sentence for the home invasion. – The officer and his partner, questioned the informant as to where his mother
was living, as they wanted to subpoena her for trial as a material witness. – The informant did not want to tell the police where his mother
was living, but specified that he wanted to be subpoenaed for trial and was discouraged that he had not been subpoenaed by the defence. –
He stated to the two officers that he was concerned that his friends would go to jail for something they didn't do. – The officer advised him
that if he was subpoenaed, his statements would be disclosed to the three accused. – The informant responded to the officer by responding,
"Whatever". – The two officers had not decided as to whether to subpoena the informant when they left the
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The Animal Litigation Files And Changed The Status Of The...
On Monday, August 1, I spend a majority of my day organizing various documents using "City Law." First, I went through the animal
litigation files and changed the status of the closed cases from "open" to "closed." Most animal litigation files can be closed out once the
owner of the animal receives a notice stating that their animal has been involved in an attack. After this, I spent some time filing witness
subpoenas. I went through a list of witnesses who were called to court to testify and filed their information into "City Law." This will then
notify the finance department to pay these witnesses for their time. When a witness is called to court, they are provided with five dollars for
their appearance as well as twenty cents per mile that they drove from their home. I analyzed the witness forms filled out by the police
department and determine if the witnesses appeared in court on the day they were called. I then filed the form as "serve subpoena" or "non–
serve subpoena." The finance department will then be notified to send a payment only to those who appeared. In the city of Manitowoc, there
is both a reward and a punishment when subpoenaing witnesses to court. If a witness does appear, they receive the previously mentioned five
dollars plus milage, but if a witness does not appear, they receive a citation and a fine for contempt of court. Through completing
assignments such as those that I worked on today, I have learned a lot about the Manitowoc Municipal Code and
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The Impeachment Of A Foreclosure Sale
Harding further asks us to confirm that the trial judge complied with the requirements of Md. Rule 14–305(e) when she ratified the
foreclosure sale. Furthermore, Harding petitions us to subpoena certain phone calls made between her and M & T Bank officials. Harding's
requests, however, are not properly presented before this appellate court. Moreover, Harding has failed to present an argument that would
overcome the presumption of legitimacy we afford to the ratification of a foreclosure sale. Maryland Rule 14–305(e) provides:
[t]he court shall ratify the sale if (1) the time for filing exceptions pursuant to section (d) of this Rule has expired and exceptions to the report
either were not filed or were filed but overruled, and (2) the court is satisfied that the sale was fairly and properly made. . . .
Md. Rule 14–305(e). "'There is a presumption that the sale was fairly made, and that the antecedent proceedings, if regular on the face of the
record, were adequate and proper, and the burden is upon one attacking the sale to prove the contrary.'" Fagnani v. Fisher, 418 Md. 371, 384
(2011) (quoting Webster v. Archer, 176 Md. 245, 253 (1939)).
A. Request for Confirmation In her brief, Harding asks us to "make sure all the affidavits submitted by the Appellees . . . do not [sic] comply
with all statutory and Rule requirements . . . ." and confirm that the circuit court judge signed the ratification order. "The appellate court[,
however,] is not an advocate tasked with
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Assignment : 27 Ways To Avoid Losing Your Appeal
27 Ways To Avoid Losing Your Appeal
1. File Your Appeal On Time
Any appeal must be filed within 30 days of the mailing date of the Employment Development Department's appealable document. The
mailing date appears on the appealable document.
Acceptable Cause for Late Appeals
If you as the claimant, sent your appeal AFTER the deadline established, you must have good cause for failing to file within the time period.
Good cause usually means you were not permitted from making the deadline by situations beyond your control and which could not have
been realistically anticipated. Justifications like you forgot or you missed checking the deadline on the Department's appealable document do
not constitute what could be seen as good cause.
The ... Show more content on Helpwriting.net ...
The appeal document should also include the appellant's telephone number and/or electronic address; the date or case number of the
department action that is being appealed; a succinct statement of the reasons for the appeal; any requirement for language assistance or
special accommodation; and the appellant's signature and the date signed.
2. In Case Your Appeal Was Filed Late, You Have To Be Prepared To State The Reasons
It's important to consider that a late appeal will be rejected if the appellant fails to establish good cause for the delay. Appellants may defeat
their own appeal in occasion by sending a representative to the hearing who is ready to present proof on the main issues of the case but is not
informed about the reason behind the late filing of the appeal.
3. Prepare Your Case Before The Hearing
Memories fade quickly, witnesses move or get transfer, documents are lost. In other words, evidence can rapidly grow stale.
Right after you file an appeal or learn that the other party has filed one, you should interview witnesses, revise the necessary documents and
records and start to round up the essential evidence necessary to present your appeal, as soon as you can.
The best place to begin is the Department's case file. You may set to revise this file by contacting the Office
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Equal Pay Case Summary
Now that we are half–way into the semester, I have finally settled in the EEOC as an intern in the investigation unit. Marina has allowed me
to work alongside her for the duration of the internship, and I have seen many interesting cases ever since. Consequently, I have learned that
there is a new classification of cases (SA) in addition to the previous three (A, B, and C) that requires special attention because it: 1) has an
impact on the development of the law, 2) has broad deterrent impact (beyond parties), 3) has a direct impact on a large number of
individuals, and 4) demonstrates the agency's role as the primary enforcer of civil rights. And in cases where the respondent refuses to
cooperate, a subpoena is issued which forces them to ... Show more content on Helpwriting.net ...
This transgender equal pay case was moved up from an "A" classification to "SA" because, the topic of gender identity is controversial in
our current society and, the results of this case may pave the way for future legislation (i.e. Equal Pay Act coverage, Title VII coverage,
LGBTQ laws etc.) to become more encompassing. The Charging Party ("CP") was an Assistant Manager who identified as a female and was
denied promotion to Store Manager after several attempts – she had excellent performance evaluations and was the highest in seniority
amongst Assistant Managers. In one instance, CP voiced her interest in a temporary Store Manager role that appeared when the current Store
Manager left on her maternity leave. The Respondent ("R") promoted a less qualified candidate (also an Assistant Manager) to the position
instead. Additionally, this individual was allowed to keep the $2/hour wage increase even after resuming his initial Assistant Manager role.
Other instances when R consciously overlooked CP includes: 1) sending her co–workers that were trained by CP to Store Manager training
classes for future promotion whilst denying CP of the opportunity and 2) claiming that CP has revoked interest in promotion after CP
completed computer manager
... Get more on HelpWriting.net ...
Tuscaloosa Child Support Case Study
Tuscaloosa County DHR Child Support representative's testimony revealed that on January 17, 2012 the agency scheduled a Child Support
hearing for paternity to be established. The custodial parent (CP), Temeka White, did not appear for the hearing on September 24, 2013.
Actually, on September 13, 2013, a subpoena was issued. The subpoena was mailed to the CP's address at 3412½ 7th Street, Tuscaloosa,
Alabama 35401. On September 23, 2013, the subpoena was returned; the CP was not served. The CP did not show for the September 24,
2013 hearing. On April 17, 2015, a subpoena was issued for the CP to show for a court hearing on May 5, 2015. The subpoena was mailed to
the CP at address 3758 8th Street, Tuscaloosa, Alabama 35401 and to the address ... Show more content on Helpwriting.net ...
A subpoena was issued to the CP for the court hearing on June 16, 2015. That subpoena was returned on June 19, 2015 due the CP had
moved; unable to forward. On June 18, 2015, the CP called the office stating that she did not want to be sanctioned. The CP verified her
address as 3412 7th Street, Tuscaloosa, Alabama 35401. However, the CP did not give a reason for missing court on June 2, 2015. On August
3, 2015, the CP called the office and stated again, she missed the court hearing on June 2, 2015 and could explain what happened. The CP
stated she was in the home of her boyfriend the week of June 4, 2015; the boyfriend was diagnosed a schizophrenia and was not taking his
medicine. The CP was afraid to leave the home; when the boyfriend fell asleep on Thursday, June 4, 2015, she left the home. The boyfriend
left the home at some point, the police found him on June 6, 2015; he committed suicide. There was no police report that mentions the CP;
she stated she did not know if she had received a court notice for the court hearing on July 28, 2015. There was another hearing scheduled
for September 22, 2015; a court notice was sent to the CP at 3412½ 7th Street, Tuscaloosa, Alabama 35401. The CP did appear for that
hearing
... Get more on HelpWriting.net ...

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Threats Of Journalism In Risen

  • 1. Threats Of Journalism In Risen Threats to Journalism Over the past few years, threats on journalism increased immensely due to the past attack on September 11, 2001. Journalists are misrepresented as criminals due to their involvement in leaking information about topics that the government chose to keep secret. The disclosure of this confidential information forced the Obama administration to pursue journalists and bring them to court. This attack on journalists may continue or get worse under Donald Trump because Trump has deliberately and strongly shown his dislike towards media through his speeches and even on his twitter. Trump also feels the need to follow in Obama's footsteps and continue with the legacy of prosecuting journalists. Nonetheless, even though many journalists ... Show more content on Helpwriting.net ... Journalists are forced to reveal their sources in court regardless of if it will help a case or not. Obama has successfully prosecuted nine cases against journalists and because of this he has created a leeway for Trump to further silence the media. With this record, Trump can only increase the number of journalists prosecuted every year. Journalists are people who distribute news to the public so that the people can get an insight in what is happening in the world and do something about it. However, with the new system that the government is trying to order it will be hard for news to spread without being sent to testify in ... Get more on HelpWriting.net ...
  • 2.
  • 3. Motion To Quash Case Study Respondent, Killeen Independent School District ("KISD" or the "District") files this Response ("Response") to Petitioner's Reply ("Reply") to Respondent's Opposition and Reply ("Opposition") to Petitioner's Motion to Quash Issuance of Commission to Take Deposition on Written Questions and Issuance of Subpoena Duces Tecum for Laruen Monroe, Katherine Spencer, and Brenda Smith ("Motion to Quash") and would show that the Petitioner is not entitled to quash the subpoena duces tecum and deposition on written questions. All of Petitioner's arguments, raised in his Motion to Quash and Reply, fail as a matter of law. The Motion to Quash brought by Petitioner's Counsel should be denied. Response Failure to Confer Respondent renews its request that ... Show more content on Helpwriting.net ... What is relevant is whether the information sought by Respondent is relevant to the subject matter of this action and whether the information sought is reasonably calculated to lead to discovery of admissible evidence. As accurately pled in Petitioner's Opposition, the information that the speech therapist, occupational therapist, and behaviorist possessed when they made recommendations for educationally related placement and services are relevant, or at the very least reasonably calculated to lead to the discovery of admissible evidence . Even if Petitioner's Counsel had appropriately cited Rule of Evidence 510, Counsel inaccurately construes the rule and misquotes the law. Petitioner Counsel misquotes Texas Rules of Evidence, Rule 510(b)(1) in her Reply . Texas Rules of Evidence, Rule 510(b)(1) actually states: (b) General Rule; ... Get more on HelpWriting.net ...
  • 4.
  • 5. Joe Shlobotnik Washington Bugler Analysis Anonymity Vs. The Law A reporter of the Washington Bugler, Joe Shlobotnik, wrote a story last year accusing the local director of the United Way, Dr. Harvey Serene, of embezzling more than $400,000 in funds that were donated to the organization by members of the public. The story initiated after a call was made from Serene's administrative assistant, and part–time lover, Rose Mary Woods. Woods agreed to communicate with Shlobotnik on given terms that her name was to be kept anonymous. Shlobotnik agreed on these terms, and promised that her name would remain unidentified. Disregarding the promise, Shlobotnik went ahead and informed the managing editor of Woods' identity, following his newspaper's policy. Woods provided Shlobotnik with 117 ... Show more content on Helpwriting.net ... The subpoena that was ordered to Shlobotnik to disclose of any records in his possession that were relatable to the case, can be argued with the fact that it intrudes on the editorial process, therefore violating the First Amendment – the right the speak without fear of state interference (RCFP). People that are involved in the case, see a subpoena as an easy and cheap way to get information that's relatable to the case. Another case that results in a subpoena being quashed includes the Sykes v. Bayor case. A subpoena was issued to blog owner Kathleen Seidel, who writes about autism issues. In one of her posts, she wrote about the link exposure to mercury to the plaintiff's son's autism. Their attorney served Seidel with a subpoena, and in return, she provided the judge with a collection of information that was so well argued that she managed to quash the subpoena ... Get more on HelpWriting.net ...
  • 6.
  • 7. Civil Litigation Interrogatories IN THE UNITED STATES DISTRICT COURT FOR THE STATE OF WISCONSIN CONSTANCE WOLF, ) Plaintiff, ) C.A. No. 06–626 v.s. ) LEWIS E. OLSON and ALBERT DOBIASH, ) MOTION: Defendants. ) Trial by Jury Demanded –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– NOTICE OF SERVICE: PLEASE TAKE NOTICE, that the undersigned, Elise Smith, Esquire, did prepare Defendants, Lewis E. Olson and Albert Dobiash's Interrogatories to answer. Same were served on counsel by regular mail in accordance with the attached mailing affidavit. SMITH & ASSOCIATES By: ________________________ Elise Smith, Esquire #173 Attorney for ... Show more content on Helpwriting.net ... (d) Option to Produce Business Records. If the answer to an interrogatory may be determined by examining, auditing, compiling, abstracting, or summarizing a party's business records (including electronically stored information), and if the burden of deriving or ascertaining the answer will be substantially the same for either party, the responding party may answer by:(1) specifying the records that must be reviewed, in sufficient detail to enable the interrogating party to locate and identify them as readily as the responding party could; and(2) giving the interrogating party a reasonable opportunity to examine and audit the records and to make copies, compilations, abstracts, or summaries. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– INTERROGATORY QUESTIONS: 1– How long have you been in business? 2– Where, when, and how did you obtain your qualifications to become a home inspector? 3– How many years have you been performing home inspections? 4– How many if any complaints have been filed against you? 5– Approximately how many home inspections do you perform per month? 6– Did you inspect the foundation at: 442 Hillshire Lane, Friendship, WI? 7– If so, what were your findings? 8– What tests did you perform at the residence on: 442 Hillshire Lane, Friendship, WI? 9– Is there any tests that you could have performed but failed to perform at this residence? 10– Have you ... Get more on HelpWriting.net ...
  • 8.
  • 9. The Ethical Decision-Making Model I believe the initial considerations are related to Bill making a good faith effort to protect his client (the child) and provide confidentiality using a sound ethical decision–making model, his ethical identity, the code, and the agreed upon "informed consent". He is now on the witness stand in a courtroom testifying. His role should be that he is a clinical mental health counselor in private practice and his client is the child. However, I believe Bill has made some mistakes along the way with his decision–making, the use of the code, and now his ethical identity is challenged in what could be a high pressure courtroom setting. It does seem that he is not actually sure what his role is at the moment. In the chain of events leading ... Show more content on Helpwriting.net ... However, since the mother was most likely the one who initiated the subpoena, then perhaps this was not possible. It does seem at this point as if communication between Bill and the mother was not sufficient to continue with a sound relationship and there was potential that she might terminate the counseling services provided by Bill. It would be prudent for Bill to anticipate the need to make a referral. Bill and his lawyer also could have written a letter to the court stating that they wished to comply with the law, but that Bill was ethically obligated to testify about them unless compelled to do so by the court or with the consent of the client (APA, 2006). However, since the mother was most likely the one who initiated the subpoena, then she would have also provided consent. In writing such a letter, Bill and his lawyer could have also requested that the court consider Bill's obligations to adhere to federal requirements (e.g., the Health Insurance Portability and Accountability Act of 1996 [HIPAA]), to protect the interests of the child (APA, 2006). Bill could have cited his ethical standards, which support him in safeguarding the child's confidences and privileged information (ASCA, FAQ). He could have explained that the state will gain no new knowledge should he testify, but on the flip side the child may be harmed by my testimony (ASCA, ... Get more on HelpWriting.net ...
  • 10.
  • 11. What Is A Paralegal? What is a paralegal? Paralegals are a distinguishable group of persons who assist attorneys in the delivery of legal services. Through formal education, training, and experience, legal assistants have knowledge and expertise regarding the legal system and substantive and procedural law which qualify them to do work of a legal nature under the supervision of an attorney. (The Paralegal Professional By Walter Lundstein, Esq. Pg 2) Being a paralegal comes with many responsibilities but most importantly code of ethics. One as a paralegal should always follow the National Federation of Paralegal Associations code of ethics (NFPA Code of Ethics) To follow these guidelines means to work in an honorable efficient manner. In the following paragraphs I will discuss various scenarios involving a paralegal working at a law firm and I will identify the ethical rules the paralegal and/ or the attorney violated and give some examples of how they could have avoided it. Monday On Monday Carl started working for Dewey, Dewey, and Howe. Carl is assigned to be attorney Howe 's paralegal. After discussing key points attorney Howe steps out. Within that time Carl meets Jane Smith and her boyfriend Zeke. Jane is looking to get an uncontested divorce. Without the authorization of attorney Howe Carl agrees to speak to Jane about her legal troubles. Carl proceeds to introduce himself to the couple , "My name is Carl Jackson," says Carl... failing to use his appropriate title as attorney Howe 's ... Get more on HelpWriting.net ...
  • 12.
  • 13. Examples Of Informal Letter To Javaria And Vania Mike, Below is my proposed email. I am assuming that it will come from you, but I am happy to send it to Javaria and Vania if you wish. Please let me know if you want any additional information. Thanks, Jim Hello Javaria and Vania, The Office of the Inspector General requested that we advise it by Monday if we would agree to produce Danielle Hill for an informal interview. The interview would not be recorded and Ms. Hill would not be placed under oath. Moreover, our office and a representative from United, if desired, would represent her during the proceeding. The interview would take place at our office on a date convenient to all the participants, although the OIG would like to proceed as soon as possible. If the parties agree to the interview, we recommend that we schedule a meeting with Ms. Hill a day or two beforehand in order to prepare her ... Show more content on Helpwriting.net ... However, in the event the OIG issues a report upon its completion of its investigation, a copy of the summary, with all contact information redacted, would be provided to the Mayor's Office, Corporation Counsel, and the Department of Aviation. With regard to the subpoenas, the OIG is currently not pursuing the materials and information requested therein. Unfortunately, it would not agree to withdraw the subpoenas at this time, but it is open to discussing the topic after Ms. Hill's interview. The OIG also indicated that it might wish to speak with Jennifer Kirkendahl, but again, it will not make that decision until after talking with Ms. Hill. We recommend that United agree to produce Ms. Hill for an informal interview under the terms set out above. We believe such an agreement will demonstrate United's willingness to cooperate and will assist in persuading the OIG to withdraw its subpoenas. Therefore, kindly advise at your convenience if we are authorized to produce Ms. Hill for her ... Get more on HelpWriting.net ...
  • 14.
  • 15. Akram Dejam Case Study Mr. Akram Dejam is a foreign resident alien. He arrived in the United States in 1996 from Yugoslavia. His immigration and naturalization file indicates that he was born in 1970 in Sarajevo. In connection with his immigration, Mr. Dejam stated that during the years 1988¬ to 1993 he was a student. Recently, the U.S. Office of Special Investigations (OSI) received information that Mr. Dejam was perhaps not just a student during these years. In fact, he may have been a war criminal, formerly engaged in atrocities during the on–going civil war in his home country. Based on this information, the OSI is now investigating Mr. Dejam. In connection with this investigation, OSI has issued an administrative subpoena demanding that Dejam produce documents ... Show more content on Helpwriting.net ... Gecas, 830 F. Supp. 1403 Gecas stated in his application for an Immigrant Visa that, during the years 1938 through 1944, he was a "pupil" in Lithuania. Gecas swore that this information was true. The petitioner now claims to have evidence that, during this period, Gecas, in fact, assisted the Nazi forces then occupying Lithuania, and that he participated in the persecution of persons because of their race, religion, and/or political opinion. Had this information been known to petitioner at the time of Gecas's immigration, he would have been disqualified from entering the United States. In furtherance of its investigation into Gecas's wartime activities, the petitioner, through its Office of Special Investigations ("OSI"), issued an administrative subpoena commanding Gecas to give testimony and to produce documents relating both to his immigration to the United States, and to his activities in Europe between 1940 and 1945. Gecas does not challenge the validity of the administrative subpoena. Nor does he argue that OSI is without the power to issue such subpoenas. Finally, it is undisputed that, although he faces the possibility of deportation, Gecas faces no threat of criminal prosecution in the United States. His only complaint is that his answers to the investigator's questions, along with the production of the requested documents, would expose him to possible criminal prosecution in a foreign country. Gecas argues that the Fifth Amendment to the ... Get more on HelpWriting.net ...
  • 16.
  • 17. Electronic Communications Privacy Act ( Ecpa ) Abstract The Electronic Communications Privacy Act (ECPA) was a pretty progressive law at the time it was enacted. It enhanced the privacy protection that was originally delineated in the Omnibus Crime Control and Safe Streets Act of 1968 by also adding communication protection for pagers, email, cell phones, service providers, and computer transmissions. The ECPA addressed the legal privacy issues that were surfacing with the rising use of networks, computers and other new innovations in electronic communications. The first large computers had been built as early as the 1950s, with the first development of a mass–market microcomputer starting in 1977. The development of ARPANET in the late 1960s and early 1970s would eventually lead to ... Show more content on Helpwriting.net ... The ECPA safeguards electronic, oral, and wire communications during creation, in transit, in storage and relates to electronic mail, phone conversations, and data that is stored electronically. The intended purpose of the legislation is to reassure customers that their private information will remain secure from public exposure. The ECPA includes three main provisions for communications privacy titled the Wiretap Act, Stored Communications Act, and Pen–Register Act. Wiretap Act The Wiretap Act has provisions that safeguard an individual's telephonic and computer–based voice communications from being captured, used or released by another individual. This Act prohibits the listen in on and electronic bugging, the physical custody of bugging or tapping equipment, as well as the "use or disclosure of information unlawfully obtained" from the use of said equipment." (Unknown, 2013). The Act also provides exceptions for service providers, in specific instances, and for law enforcement to perform electronic eavesdropping, under the Foreign Intelligence Surveillance Act. It affords processes for government entities to acquire judicial consent for obtaining such communications, and controls the usage and release of this information acquired from legal eavesdropping. Stored Communications Act The Stored Communications Act encompasses the rights of ... Get more on HelpWriting.net ...
  • 18.
  • 19. The Aryan National Liberation Front Arthur "Buzz" Hirsch, a St. Joseph News–Press reporter, conducted a background investigation on the Aryan National Liberation Front (ANLF). This group is one of white supremacist and anti–government ideology. This group, according to confidential sources, is involved in harassment and tax evasion. Two incidents, a bombing on February 12th (which two men have been arrested for) and a shooting that took place on March 10th, are believed to be connected to the ANLF. However, a confidential sources says the ANLF has nothing to do with the shooting. Recently, police and a member of the prosecutor's office showed up at the News Press offices with a warrant, demanding Hirsch to turn over all notes, research materials, and recordings relating to the ANLF. Also, he was urged to identify his sources. Hirsch refused to do both. Whether or not the prosecuting office can demand Hirsch to turn over any information depends on court precedents and current laws. In Branzburg v. Hayes (1972), the Supreme Court decided the First Amendment did not grant reportorial privilege in the court. This means journalists and other members of the press cannot use freedom of speech as a defense in order to not testify. This includes if a source was meant to be confidential. Lower courts interpreted Branzburg differently. In the case of Branzburg, reportorial privilege was unnecessary. Later with Zerilli v. Smith (1981), the D.C. Circuit Court of Appeals concluded that reportorial privilege existed. ... Get more on HelpWriting.net ...
  • 20.
  • 21. Ethical Dilemmas In Health And Social Care Case Study 1. Is there an ethical violation, dilemma or concern and, if so, what is it? By Madeline receiving a subpoena duces tecum, she is expected to personally appear at a deposition or in court with documents in hand. Though, the fact that the patient's authorization to release his/her information is missing the date will make the subpoena duces tecum invalid. The ethical dilemma is created when Madeline calls the attorney's office and informs the attorney's legal assistant of the missing element on the authorization and she receives the same document with a date written within five minutes. This make Madeline suspects that the legal assistant was the one who wrote the date on the authorization and not the patient. Is it ethical to Madeline ... Show more content on Helpwriting.net ... According to the AHIMA Code of Ethics Tenets: II. Put service and the health and welfare of persons before self–interest and conduct themselves in the practice of the profession so as to bring honor to themselves, their peers, and to the health information management profession. IV. Refuse to participate in or conceal unethical practices or procedures. o Madeline should go to the hospital ethics committee and ask for advice on how to address the ethical problem. Identify alternatives o Provide the records and appear at the deposition or the court and pretend that the date was not falsely written by the legal assistant. o Summit a motion to squash, which is a written objection to the subpoena, explaining that the subpoena duces tecum she received was not valid because the authorization from the patient was not dated. Call the legal assistant and let her know that she believes that she was the one that wrote the date and that she will not accept the document as valid since it was filled out properly by the patient Evaluate the ... Get more on HelpWriting.net ...
  • 22.
  • 23. Plaintiff's Case Controversy Reference is made to our recent tele–conversation on the above matter. As spoken, you have confirmed that the dispute is only between the Plaintiff and the Defendant (who are both our customers) and the bank is not party to the suit. Further, the Plaintiff's solicitors had approached you to be a witness for the trial next week. The solicitors for the Plaintiff also had requested for the statements of accounts belonging to the Plaintiff and the defendant. In regards to the disclosure of customer information, please be guided by the Bank's Circular on the same. Please take note that the Bank is governed by the secrecy provision of the FSA 2013. Please take note that this matter is doesn't fall under any category of Schedule 11 of the FSA. ... Show more content on Helpwriting.net ... Please be advised that if the matter is fixed before the Sessions Court, you may disclose the customer's information as it is a permitted disclosure under Schedule 11 of the FSA 2013. However, if the matter is fixed before the Magistrates Court, you are required to obtain the defendant's consent before any disclosure. If the Court insists on disclosure of the defendant's information, you must notify that you are prohibited from such disclosure as no consent was given by him. However, in the event the Court compels you to disclose the information, kindly inform the Judge that the Bank is bound by duty of secrecy and you are revealing the same subject to the order of the said Court. Please note that you should not be disclosing any other information other than as mentioned in the Subpoena. During the hearing, you are required to answer the questions within your knowledge. If you are unsure / not within your knowledge, you may inform the Court ... Get more on HelpWriting.net ...
  • 24.
  • 25. The History Of Media Shield Laws This paper will discuss the history of media shield laws in the U.S. and Hawaii. It will argue the pros and cons of the need and importance of such shield laws in Hawaii to help enhance the First Amendment. According to the West 's Encyclopedia of American Law (n.d.) shield laws are statues that "make communications between news reporters and informants confidential and privileged, freeing journalists of the obligation to testify about them in court." The encyclopedia compares this to a doctor–patient, lawyer–client or priest–parishioner privilege. Where these laws are in action, journalists are free to protect their sources. If subpoenaed by a state court, journalists are free to refuse to give up their confidential sources or unpublished material. This makes it easier for journalists to report on a broad variety of topics, but these laws are also controversial because they challenge the government interests when it comes to bringing criminals to justice (Shield Laws, n.d.). Research shows that Hawaii used to have a shield law – the best in the country according to several people – but it was overturned in 2013. Today, 49 states and the District of Colombia have implemented shield laws of different variation of protection (Riker, 2015). At the same time, there does not exist any media shield laws at the federal level (Shield Laws 101, n.d.). History of Shield Laws The first documented case of the need for shield laws for journalists found place in 1848. A journalist was ... Get more on HelpWriting.net ...
  • 26.
  • 27. DUI Checkpoint Fraud Case Study DUI Checkpoint Procedures – Mr. Seeget claims perjury, obstruction of justice, extortion, abuse and embezzlement of public monies for various employees being involved in the operation of the DUI checkpoint on May 10th, 2014 at Mission Blvd and Linden St. However, Mr. Seeget's does not list facts to indicate the improper involvement or conduct with the operation of the DUI checkpoint. Additionally, Mr. Seeget sent his complaint to the California Office of Traffic Safety who reviewed his claims and found no improper conduct on the part of the Pomona Police Department or any of its employees, to include grant funding and compliance. CHP Form 180 – Mr. Seeget claims that various employees are involved in collusion, fraud, forgery and impersonating ... Show more content on Helpwriting.net ... Piedra advised that the Records Bureau received a fax from Attorney Diamond's office on 8–4–14 and a representative from his office came in to the Police Department on 8–14–14 to pay the $275.00 for the appearance of Officer Hamilton at the DMV hearing. The representative from Diamond's office only paid for Officer Hamilton and failed to pay any monies for copies of requested records. A review of the request by Attorney Diamond's office immediately shows problems for various reasons. First, the production for documents at the DMV hearing either did not exist or were not in possession of the department. However, even if documents could be produced, the subpoena is problematic because the request for Hamilton to appear, and the request for documents, were served on the same subpoena. Normally they are requested separately because the time frames and costs associated with each request are different. A subpoena for the officer must be accepted if within five business days at a cost of $275.00 but the production of documents is fulfilled within 10 to 15 calendar days at an additional cost. Attorney Diamond's office gave the bare minimum of 10 days for the production of documents and failed to pay the appropriate fees which would prevent their release by the department (assuming there were any documents to be ... Get more on HelpWriting.net ...
  • 28.
  • 29. The Municipal Code The Office of the Inspector General (OIG) was established by § 2–56–010 of the Municipal Code of the City of Chicago. § 2–56–030(b) of the Municipal Code charges OIG with the duty and authority to investigate the performance of government officers, employees, functions and programs in order to detect and prevent misconduct, inefficiency and waste in the City government. Municipal Code, § 2–56–030(b). The Municipal Code mandates a duty to cooperate with OIG to every City officer, employee, department, agency, contractor, subcontractor and licensee of the city, and every applicant for certification of eligibility for a city contract or program. § 2–56–090. Those with a duty to cooperate must provide information to OIG upon its request. § ... Show more content on Helpwriting.net ... Each day that a violation continues constitutes a separate and distinct offense. Actions seeking the imposition of a fine only shall be filed as quasi–criminal actions subject to the provisions of the Illinois Code of Civil Procedure, as amended. Actions seeking incarceration, or incarceration and a fine, shall be filed and prosecuted as misdemeanor actions under the procedure set forth in § 1–2–1.1 of the Illinois Municipal ... Get more on HelpWriting.net ...
  • 30.
  • 31. The Responsibility To Access To The Wayland Manufacturing... E. Admissible Evidence Public records can be accessed utilizing various state and federal government websites like the SEC and Dun & Bradstreet (D&B). For example, I want to secure Wayland Manufacturing Company's latest Annual 10–K Report. To find the report, I visit the SEC's website and enters the company's ticker symbol into EDGAR. A list populates with the company's report filings that I can search through to collect data. However, access to some public governmental records like telephone records require an authorized subpoena under the Freedom of Information Act. For example, I wish to review Fred Newbaker's telephone records, but I cannot access them without a subpoena. Since I am only auditing the company's financial records, ... Show more content on Helpwriting.net ... Evidence must be "relevant to an issue that is in dispute in the case," "material", "established as authentic," and "legally obtained" (2017 Fraud Examiners Manual 2017). Relevant evidence increases or decreases the likelihood of fraud occurring if the evidence had not been obtained. Material evidence provides valuable information to prove the existence of fraud. Establishing authenticity requires that I show proof that the evidence I found is legitimate and that no changes occurred between its seizure and utilization in court proceedings. Finally, all data provided as evidence must be legally obtained. Asking for permission during the audit engagement makes the evidence admissible, however, denials may result in subpoenas if the case is tried during criminal or civil proceedings. Failure to comply is a law violation, which results in the evidence's inadmissibility (2017 Fraud Examiners Manual 2017). F. Professionalism & Integrity Professionalism requires me to act competently during the audit engagement. If I am unable to secure data from an employee's hard drive, I can ask for assistance from a more experienced colleague on my team. Proceeding with the extraction without assistance from a competent colleague could corrupt the data and jeopardize any existing evidence. If I am unable to extract the data due to a lack of knowledge or expertise, I ... Get more on HelpWriting.net ...
  • 32.
  • 33. Patient-Physician Contract Marisela Perez Ms. Tan Due Thursday, November 28th, 2010 1. Explain patient–physician contract A physician has the right, after forming a contract or agreeing to accept a patient under his or her care, to make reasonable limitation on the contractual relationship. The physician is under no legal obligation to treat patients who may wish to exceed those limitations. Under the patient–physician contract, both parties have certain rights and responsibilities. 2. Patient right and responsibilities Patients have the right to choose a physician; although some managed care plans may limit choices. Patients also have the right to terminate a physician's services if they wish. 3. Patient responsibilities Patients are also part of the ... Show more content on Helpwriting.net ... 11. When did HIPAA became a law? What are the goals of HIPAA? On August 21, 1996, the U.S. Congress passed the Health Insurance Portability and Accountability Act (HIPAA). The primary goal of the act are to improve the portability and continuity of health–care coverage in group and individual markets; to combat waste, fraud, and abuse in health–care insurance and health–care delivery; to promote the use of medical savings account; to improve access to long–term care services and coverage; and to simplify the administration of health insurance. 12. State three purpose of HIPAA –Improve the efficiency and effectiveness of health–care delivery by creating a national framework for health privacy protection that builds on efforts by states, health systems, and individual organizations and individuals. –Protect and enhance the rights of patients by providing them access to their health information and controlling the inappropriate use or disclosure of that information. –Improve the quality of health care by restoring trust in the health–care system among consumers, health–care professionals, and the multitude of organizations and individuals committed to the delivery of care. 13. What is HIPAA privacy rule? The HIPAA Standards for Privacy of Individually Identifiable Health Information provide the comprehensive federal protection for the privacy of health information. The privacy rule is ... Get more on HelpWriting.net ...
  • 34.
  • 35. Negligence Wrongful Death Suit Negligence 1 Negligence: Wrongful Death Suit September 26, 2010 Negligence 2 Negligence: Wrongful Death Suit The healthcare industry is booming and people will always need to be cared for at hospitals, doctor's offices, and etc. Healthcare professionals must be careful and focused on everything they are doing with their patients. They must keep track of patients' charts and medical procedures. If something goes wrong with the patients' medication, surgery, or treatment and causes an unfortunate death of the patient then the patients' family can sue the employer for a wrongful death suit. What is the difference between subpoena and subpoena duces tecum? A subpoena and subpoena duces tecum are both similar but yet ... Show more content on Helpwriting.net ... (Medical Law and Ethics, 2009 Chap. 6 Pg. 216) No, there isn't any legally recognizable injury to the patient. None of these accorded the patient suffered cardiac arrest and died. The patient would have to seek recovery or compensation but in this case the patients family has filed a wrongful death suit. In your own words, what is Res Ipsa Loquitur? Res Ipsa Loquitur is the Latin meaning of "the thing speaks for itself". (Medical Law and Ethics, 2009 Chp.6 Pg. 123) I would say it means that any evidence that is visible and can clearly tell you what happened just by looking at whatever you may see at first sight. Differentiate between negligence and malpractice Negligence is failure to proper care in doing something. (Staff Development Weekly: Insight on Evidence–Based Practice in Education. 2005.) For example, not giving a patient the right medication causing them to have a seizure. Malpractice is improper, illegal –or– negligent professional activity –or– treatment. (Staff Development Weekly: Insight on Evidence–Based Practice in Education. 2005.) For example, a patient has a bad cough and the doctor thinks it'll go away with regular medication. Since the doctor doesn't Negligence 7 thoroughly examine the patient he doesn't know the patient has a severe case of pneumonia and misdiagnosing the patient. Differentiate between the following types of insurance: a) Liability insurance–Contract by which one person promises to compensate or reimburse ... Get more on HelpWriting.net ...
  • 36.
  • 37. Case Analysis : Dr. Hawk Information was emailed to Agent Meyers for his records. Also on this date I requested a subpoena for patient records from Hawk for Moss, Licavoli, Cook, Frangel, Wilson, and Johnson to be served at the April 8, 2015 appointment. Koch is yet to be correctly identified therefore records will be requested at a later date if possible. Subpoenas were also requested for Washington County and St Francois County Coroner's Offices. Interview with Dr Andrew Hawk, 1 Dillon Plaza Dr, High Ridge, MO (636) 677–3012 On April 8, 2015 I interviewed Dr Hawk at his current place of business. After introducing myself, telling Hawk the reason for the appointment I gave Hawk the Subpoena for patient records. Hawk said he would be unable to provide the records as he no longer had access to WCMH files. Hawk said if BHA could provide the records he would be happy to answer any questions. I told Hawk I would inquire with my supervisor as to what needed to be done under the current circumstances. Dr Hawk gave the following information regarding his prior position with Washington County Memorial Hospital (WCMH): Dr Hawk said he mark section 18 "yes" because he was and is still under review by the DEA regarding prescriptions he did while employed by WCMH in Potosi, MO. Hawk said the entire episode has left him frustrated and stressed. WCMH originally hired him as a Family Medicine Physician but forced pain management patients of another physician onto him after the physician left the ... Get more on HelpWriting.net ...
  • 38.
  • 39. Divorced Women Case One – Group of Divorced Women and Separated Women This case involves issues of Privacy and Confidentiality. NASW Code of Ethics, (n.d.), section 1.07 Privacy and Confidentiality addresses privacy, confidentiality, and disclosure. Paragraph (j) states, "Social workers should protect the confidentiality of clients during legal proceedings to the extent permitted by law. When a court of law or other legally authorized body orders social workers to disclose confidential or privileged information without a client's consent and such disclosure could cause harm to the client; social workers should request that the court withdraw the order or limit the order as narrowly as possible or maintain the records under seal unavailable for public inspection" ... Show more content on Helpwriting.net ... Social workers may limit clients' right to self–determination when, in the social workers' professional judgment, clients' action or potential actions pose a serious, foreseeable, and imminent risk to themselves or others" (p.4). Many of the other members of the group do not want one person in the group. In this instance as the Social worker, I believe it would be important to recognize that sometimes, as much as we need to respect the feelings of others, we must also recognize the purpose and goals of the group as a whole. In addition, I would ensure that the criteria for the group is in accordance with the NASW Code of Ethics, and access to service is not being denied. I have the responsibility to facilitate the issues identified and address the group and what the goals we have established are meant to accomplish. Since this clients' actions are disruptive and damaging, then I would devise an alternate individual plan to assist her to meet the same goals as the ... Get more on HelpWriting.net ...
  • 40.
  • 41. United Airlines, Inc.: Case Study We are in receipt of the above–referenced subpoenas directed to United Airlines, Inc. ("United") and issued by the Office of the Inspector General ("OIG") on April 12, 2017 and April 13, 2017, respectively, in relation to the United Express Flight 3411 incident involving passenger David Dao on April 9, 2017 (the "Incident"). As previously discussed, our office represents United Airlines, Inc. ("United"), and we are appreciative of the opportunities that the OIG has provided to allow us address this matter and we hope to be able to continue our dialogue. Further, we kindly request that you continue to forward any future communications relating to these subpoenas to our attention. Thank you for the OIG's agreement to extend United's time ... Show more content on Helpwriting.net ... Dao v. City of Chicago and United Airlines, Inc., Case No. 2017–CH–05227, pending in the Circuit Court of Cook County, Illinois, County Department, Chancery Division. Moreover, Dr. Dao's attorney has advised our office that additional passengers from Flight 3411 have contacted his office regarding additional claims potentially asserted against United. Seemingly, those potential claims would also involve the City. Thus, there exists a heightened degree of concern regarding producing documents, sworn testimony, and other evidence to any entity outside of and without the protection of the formal rules of discovery while litigation is pending and being contemplated. This is particularly true here, where the Office of the Inspector General cannot itself seek enforcement of the subpoena, but must instead "look to the Corporation Counsel when judicial enforcement of a subpoena is necessary." Ferguson, 2013 IL 112488, ¶33; see also OIG Press Release, Inspector General's Statement Regarding Ferguson v. Patton Ruling (Apr. 17, 2013) ("Today, the Illinois Supreme Court ruled that the OIG does not have the statutory authority to enforce its own subpoenas. The Court's opinion requires the OIG to go to the City's Corporation Counsel to enforce its subpoenas."). And, as the OIG acknowledged in other cases, as well confirmed in writing in this matter, the OIG would share documents, statements, and ... Get more on HelpWriting.net ...
  • 42.
  • 43. Marbury Vs. Madison: Supreme Court Case The case Marbury v. Madison occurred in 1803, in the District of Columbia. This case really began in the election of 1800, where Thomas Jefferson beat John Adams out of office. This election caused unrest for the Federalist and his associates, and in the last few days before the end of his presidency, he appointed multiple justices of peace for D.C. in order to fill the courts with Federalists to oppose the incoming administration. Their commissions were approved by the government, but Adams didn't have the time to have them sent out before the end of his presidency. This meant it would become James Madison's, Jefferson's Secretary of State, responsibility to deliver them, but Jefferson ordered him not to. Soon after catching word that William Marbury, one of the chosen justices, would not be receiving his commission, he spoke out to the Supreme Court and petitioned for a writ of mandamus, which is a legal order, that would basically force Madison to give an explanation as to why he would not be receiving his commission. ... Show more content on Helpwriting.net ... The unanimous decision stated that while Marbury did deserve his commission, the Supreme Court would not force Madison to deliver it to him, the only power able to do that would be by the Constitution, and there wasn't anything in the document that would grant the Supreme Court to issue this order, and Congress, in Justice Marshall's opinion, didn't have that power either. In the end, Marbury never became a justice of the peace, but instead, a very important precedent was ... Get more on HelpWriting.net ...
  • 44.
  • 45. Son Therapy Case Study After completing ten session with the son, his mother informs me that their insurance panel did not approve further treatment. Keeping in mind of the principle 1.11 from the AAMFT Code of ethics I would not abandonment the client. Unless the client mother come up with alternative means of payment for her son therapy, I would take the action of making reasonable arrangement for continuation of treatment (Caldwell, 2015). But, due to the fact that insurance panel will approve further treatment, I would not be able to space out other session. The action that I would take based on my client circumstances with their insurance panel not providing anymore treatment, would not be anything that would constitute client abandonment or neglect ... Show more content on Helpwriting.net ... Once the therapist has made the determination of termination she/he must prepare the client for termination by explaining the process and listen how the client feel about the termination process (Shaw, 2015). Also, the therapist should include some benefits of the new service that has been recommended through referral. This would help the client to transition to a new service in a more healthy and therapeutic way (Caldwell, 2015). After having one year of therapy with the mother son, I received a subpoena from the mother lawyer asking me to be part of the court proceeding, with the mother asking the court to grant her sole custody of her child. The subpoena was asking me to provide information concerning the divorce and child custody as addressed in the previous therapy and that I will be called to testify. The action that I would take is first thing that would probably do in my current dilemma dealing with the subpoena would be to lawyer–up myself seeking and obtaining legal advice from an attorney (Shaw, 2015). Also, I would review the AAMFT Code of Ethics to see what it entail in reference to the concerns about subpoena as well as finding out what the local, state, and federal laws about subpoena (Caldwell, 2015). The son is the only one that was receiving therapy but the son is ten years old which constitute the son as being a minor child by law. Therefore the minor child which is son must have the ... Get more on HelpWriting.net ...
  • 46.
  • 47. Case Study: Verizon Legal Compliance the subpoena was sent to Verizon Legal Compliance by Michael Trudeau on October 31, 2011. The subpoena specifically requested: "subscriber and billing listings and all calls derived from a special computer run regarding incoming and outgoing calls, and subscriber and billing listings made to and from telephone numbers (508) 939–9183 and (508) 693–9286 from October 17, 2011 to October 19, 2011." Verizon Legal Compliance responded to the administrative subpoena with a ten–page fax on November 17, 2011. [Attachment #4] The contents of the fax included a cover sheet, a blank page, five pages of phone records, and a fax confirmation sheet; it is unknown what pages nine and ten included, as it was not provided to bar counsel. It is possible that pages nine and ten were copies of the original faxed subpoena. The records provided only appear to be a list of phone numbers and do not indicate which subpoenaed number they correlate with, when a call was made, and if a call was made or received. Laura Marshard's home number, Gabe Grasing's home number, and Mary Grasing's home phone number all appear on the list. ... Show more content on Helpwriting.net ... In addition to specific phone numbers, all subpoenas included language requesting that the carrier search for any phone lines associated with Laura Marshard, Gabe Grasing, and Mary Grasing. [Attachment #5] Per bar counsel's subpoena to Verizon landline, bar counsel learned that Gabe Grasing's home landline was owned by Comcast from 10.1.11 through 11.6.11, therefore it is reasonable to the conclude that the records the DA's Office sent an administrative subpoena for only pertain to Mary Grasing. The significance of this will be discussed further later in this ... Get more on HelpWriting.net ...
  • 48.
  • 49. Legal System The Legal System Imagine you are the director of health information services for a medium–sized health care facility. Like many of your peers, you have contracted with an outside copying service to handle all requests for release of patient health information at your facility. You have learned that a lobbying organization for trial attorneys in your state is promoting legislation to place a cap on photocopying costs, which is significantly below the actual costs incurred as part of the contract. (Case Study, p. 20) Review this case study. Define and describe each branch of government and discuss the roles each branch will play in considering this legislation. How would you and your professional organization act to influence this ... Show more content on Helpwriting.net ... The parties or their attorneys have an opportunity to explain their view of the dispute. Arbitration is the submission of a disputed matter to an impartial person (the arbitrator) for decision. Arbitration is typically an out–of–court method for resolving a dispute. The arbitrator controls the process, will listen to both sides and make a decision. Like a trial, only one side will prevail. Unlike a trial, appeal rights are limited. Health Records Pretend you supervise the correspondence unit of the health information services department of a medical center. Today, you received a subpoena duces tectum from an attorney, demanding either the originals or copies of all health records concerning Mary Smith, who allegedly is or was a patient of the medical center. The subpoena lacks sufficient information for you to determine whether Mary Smith is or was a patient in your facility. The subpoena is not accompanied by a valid authorization to release information for Mary Smith, as required in your state. (Case Study, p. 62) How should you respond to the subpoena? In addition to providing the legal rational for your response, describe the necessary information the subpoena should have included. Assuming Mary Smith was a patient at the facility, who has ownership over her health record – Mary Smith or the medical center? A Subpoena is a legal document or order requiring an individual to appear, and usually to testify, in court on a certain date ... Get more on HelpWriting.net ...
  • 50.
  • 51. What Does American Gangster Mean The movie I decided to analyze was American Gangster. The movie is about a kingpin name Frank Lucas who became the biggest heroin seller in Harlem, NY. Frank Lucas started off as a driver for another gangster named Bumpy Johnson. Bumpy Johnson ended up dying due to a congestive heart failure. Once he died Frank Lucas too over the operation Bumpy Johnson once ran. Frank Lucas wasn't satisfied with the money Bumpy Johnson was making from his operation. He decided to go to Bangkok to buy heroin because he buy heroin at a cheaper percentage and make more money in Harlem. He transported heroin through US military plans that ran from Vietnam to the United States. Frank Lucas had the best quality of heroin in Harlem which he decided to then trademark ... Show more content on Helpwriting.net ... The first issue I addressed was The Knock–and–Announce Requirement. The Knock–and–Announce Requirement wasn't done correctly within the movie and I stated what was done wrong. Second issue, was Information Obtained by an officer through Informants. I addressed how informant's information is always question and sometimes it might not always be valid. Third issue, was Jurisdiction. I addressed how there are certain situations when police officer have to cross Jurisdictions due to a valid cause. Fourth issue, was traffic stops. I addressed how illegal traffic stops could cause in the evidence seized to be inadmissible in court. Fifth issue, was evidence. I addressed the two different types of evidence which are direct evidence and real evidence. Sixth issue, I was subpoena. I addressed how the subpoena makes it mandatory for a witness to come to court. The seventh issue, was trail courts. I addressed how trial courts hears evidence, applies the law, and decide whether someone is guilty. Then the eighth issue, I addressed was the plea bargain. I stated how the prosecutor gets the accuser to plead guilty to a lesser charger with expectation of leniency. The ninth issue, I addressed was search warrant. A search warrant is an order in writing, issued by a proper judicial authority, in the name of the people, directed to a law enforcement ... Get more on HelpWriting.net ...
  • 52.
  • 53. Birth Worksheet Birth Registry/Unbilled Accounts I followed Monica A. Rios in the Birth Registry area. The duties of a Birth Registry clerk include collecting information from new mothers at their hospital bedside and inputting the data into IVRS database. At the end of this process the child's birth certificate will be produced. I will attach the Live Birth Worksheet she uses to attain statistic information on the child and parents. The best part of my day at birth registry is interacting with the new parents and assisting them with the worksheet. Ms. Rios on this day had a backlog of worksheets that needed to be collected from the parents, which can be challenging at times. If the parents do not get the worksheet filled out and back to her, she would have ... Show more content on Helpwriting.net ... Being exposed to so many parts of HIM and actually preforming those functions has helped me to visualize what I will be expanding on in class when I get back to school. Although my experiences thus far have been in facilities that were mostly hybrid and not too much of the paper environment, I did get an idea of the functionality of facilities that are mostly paper based from the feedbacks of the other students on moodle. This also exposed me to functionalities that would exist in these types of environments like record assembly. Spending time in each area of HIM has also been an enlightened me on what it is I want to do. Prior to my on site experience I wanted to shy away from the idea of going into management and wanted to go into ROI because it was something I knew I can perform easily. Spending time in these areas, I realized that it would be a major step back to go into any of those areas. I am going to school for management and I shouldn't aspire to become anything less. This is the major awakening, I experienced on my PPE site visit. Once I came to this decision, I started to look at the different functions of the department through a different set of eyes so to speak. I know can examine the different areas of HIM and look for improvement or even take notes on how well the area is performing due to the policies and procedures in place. I have experienced growth in a manner that I find myself to be ... Get more on HelpWriting.net ...
  • 54.
  • 55. Newport News Shipbuilding And Dry Dock Company Case Study Facts Newport News Shipbuilding and Dry Dock Company (NNS) performs designs, construction, repair and overhaul for ships, primarily for the United States Navy. On February 1987, the Defense Contract Audit Agency (DCAA) issued a subpoena duces tecum to NNS demanding financial statements, federal income tax return, Virginia income tax return and associated schedules for the period 1 January 1983 to 1987. NNS provided the state tax returns to DCAA but withheld the reminder of the subpoenaed documents claiming the demand was unlawful and unenforceable and filed a declaratory judgement action which the Government moved to dismiss. The district court denied DCAA's order for the documents and the Government appealed this decision. Issue What is ... Show more content on Helpwriting.net ... In this situation DCAA subpoenaed trial balance, adjusting entries, segment financial workpapers, consolidating entries, formal consolidated balance sheet, income statement, Federal income tax return and any other associated document (state income tax return was provided to DCAA.) In its defense, NNS claimed that DCAA may subpoena materials that it is used only for determining contract costs or data that is utilized for allocating costs to specific Government contracts. However, these documents provide DCAA with factual data that is used to verify actual cost both direct and indirect (i.e. G&A overhead cost.) The court rejected NNS's argument that proposes that DCAA can only review cost or pricing data used to calculate costs charged to the Government. The basis of the rejection is documented in 10 U.S.C. Sec. 2313(a) and 2306a(f)(1) which authorize DCAA to subpoena objective factual documents that can be used to evaluate the "accuracy, completeness, and currency of cost or pricing ... Get more on HelpWriting.net ...
  • 56.
  • 57. Watergate Scandal Of United States Vs. Nixon In the landmark court case of United States vs. Nixon the court had denied Nixon's presidential power of executive privilege to halt the subpoena against him. The court concluded that his exercised power was not absolute and the need for evidence outweighed the presidential privilege as it was infringing on a criminal case. This case against Nixon was a result of one of the worst presidential scandals in U.S. history. The scandal was the Watergate scandal. The presidential scandal known as Watergate was a shameful incident within the history of American presidents. It was a scandal that later set precedent on the limitation of presidential powers. It was a time when the president was viewed as a tyrannical power. Furthermore as a result, there were numerous consequences, which led to reforms that are still impacting our government as well as the presidency. The many crimes that Nixon and his administration committed in attempt to cover up involvement throughout the Watergate ordeal resulted in the prosecution of many of high–level government officials. It also led to the only presidential resignation in history in August of 1974. During this time in American history, America was in the midst of the Vietnam War, a war that nobody liked or really understood. This presidential scandal damaged the image of President Nixon and subsequently tarnished America's outlook on the presidency as well. This event further stimulated an era of public distrust towards the American ... Get more on HelpWriting.net ...
  • 58.
  • 59. Frederick Mutual Insurance Case Summary BRIAN CULP AND FREDERICK MUTUAL INSURANCE COMPANY'S MEMORANDUM IN SUPPORT OF THEIR MOTION FOR A PROTECTIVE ORDER Brian Culp and the Frederick Mutual Insurance Company (hereinafter referred to collectively as "Movants"), through the undersigned counsel, move this Court pursuant to Md. Rule 2–403, Md. Rule 2–510, and Md. Code (2008, 2017 suppl.) § 9–405 of the Courts and Judicial Proceedings Article ("CJP"), for a protective order as to the Subpoena and Notice of Deposition of Brian Culp, Propounded by Defendants, Lowe's Home Centers, Inc.; Dave Swagger, a/k/a/ David Swagger; and Randolph Scott ("Defendants"), and in support thereof, state as follows: STATEMENT OF FACTS On or about February 26, 2016, Plaintiff; Joyce Ollie Floyd, ("Floyd") ... Show more content on Helpwriting.net ... The Lowe's Defendants also assert a cause of action for breach of contract against Groundtec claiming that it breached paragraphs 23 and 26 in the Agreement. See Exhibit A, at ¶¶ 23–28. In support of these allegations, the Lowe's Defendants cite to the insurance provision at paragraph 23 in the Agreement, and allege that Groundtec was required to name Lowe's as an additional insured on Groundtec's general liability policy. See Exhibit A, at ¶ 11. The Lowe's Defendants also cite to the indemnity provision at paragraph 26 in the Agreement and allege that Groundtec was required to defend and indemnify Lowe's as an additional insured on Groundtec's general liability policy. See Exhibit A, at ¶ 11. At all relevant times, Groundtec was insured by and through a general liability insurance policy issued by Movant, Frederick Mutual Insurance Company, which has a principle place of business at 57 Thomas Johnson Driver, Frederick Maryland 21702. Mr. Brian Culp is an employee of Frederick Mutual Insurance Company, and was assigned to supervise the claim by the Lowe's Defendants against Frederick Mutual's insured, Groundtec. Shortly thereafter, the Lowe's Defendants, by and through counsel, demanded that Groundtec and/or Frederick Mutual Insurance Company agree to defend and indemnify the Lowe's Defendants pursuant to Groundtec's contract with Merit Service Solutions, LLC (a non–party) and based upon the Lowe's Defendants' claims that they qualify as additional ... Get more on HelpWriting.net ...
  • 60.
  • 61. Pre Motion Requirements Adequate Failure Respondents have satisfied Md. Rule 2–402(b)'s pre–motion requirements sufficient to justify their initial failure to disclose electronically stored information. Specifically, promptly after receipt of 50NL's subpoena, Avpro delivered its objections to the subpoena to 50NL indicating that: "[Avpro] objects to the Subpoena to the extent it calls for information or documents that are not known or reasonably available to the Witness or whose collection and review unreasonably burdens the Witness, a non–party. . . . [Avpro] objects to producing any documentation that is not contained within its business records. [Avpro] objects to producing text messages." "[Avpro] objects to the Subpoena as unduly burdensome to the extent that [50NL ... Show more content on Helpwriting.net ... Md. Rule 2–402(b)(2). The merits of Respondents' contentions are addressed in Parts I (B), infra. Nevertheless, the plethora of notice that 50NL has received regarding the grounds for Respondents' objection is more than sufficient so as to permit this Court to reach the questions as to whether the requested discovery is unduly burdensome or costly, and whether 50NL's need outweighs the burden and cost. II. The Discovery Requested by 50NL is Unduly Burdensome and Costly, and 50NL's Need Does Not Outweigh Avpro's Burden and Cost. The relevant inquiry in this matter is whether the discovery requested of Avpro is unduly burdensome and costly, and if so, whether 50NL has shown that its "need for the discovery outweighs the burden and cost of locating, retrieving, and producing the information." Md. Rule 2– 402(b)(2) (emphasis added). Notably, the plain and unambiguous text of this rule indicates that upon a prima facie showing of undue burden or cost, 50NL must affirmatively show that its need for the discovery outweighs Avpro's burden and cost ... Get more on HelpWriting.net ...
  • 62.
  • 63. Requestor Case Study 1. Determine if the request is valid–verify identity and authority of the requestor. Request legal picture identification, such as a driver's license or passport. 2. Validate that the format of the request meets state legal requirements for a valid subpoena or court order. Check state law for specific requirements. 3. Determine the legal power of the document: Patient or legal guardian request via phone–information may not be disclosed without written authorization. Patient or legal guardian request via e–mail–these requests are difficult to authenticate. Organizations should outline a policy to deal with these requests in accordance with state laws. Patient or legal guardian request via formal HIPAA–appropriate written authorization–information ... Get more on HelpWriting.net ...
  • 64.
  • 65. Patient Privacy Laws 1. State laws provide a patient with access to his or her Health Information. Insurance companies and pharmaceutical companies may have access to a patient's health information since this authorization was signed and dated by the patient. I would release this information to Aetna. 2. Health Information must be maintained in compliance with legal and ethical standards. Healthcare organizations must be very careful in how they use this information on patients. Patient privacy laws govern access and use of all information. I don't think that the medical student or the department member should be able to review these records because more than the MI might be found in these records. I would not release these records to the student although I would ... Get more on HelpWriting.net ...
  • 66.
  • 67. Home Invasion Case Summary – This was a significant motion by an informant to supress his subpoena. – The motion was brought about with regards to the limitations of the waiver for confidential informant privilege. – The informant was detained on October 31, 1999 for a home invasion. – Subsequently after his apprehension, he gave a statement to the police connecting three people to the home invasion. – The informant pled guilty on November 25, 1999 in Youth Court. – Because of his plea, his declaration implicating the co–accused was never given to his counsel. – His counsel discovered that the informant was considered to be a confidential informant on March 21, 2001. – The three suspects were detained on charges involving the home invasion in 2000. – Their initial inquiry was held in April ... Show more content on Helpwriting.net ... – At that point, the Crown provided the defence counsels' the original statement from the informant. – The Crown declared that he planned to call the informant as a Crown witness. – On February 15, 2001, the officer in charge went to the house where the informant was serving his open custody portion of his sentence for the home invasion. – The officer and his partner, questioned the informant as to where his mother was living, as they wanted to subpoena her for trial as a material witness. – The informant did not want to tell the police where his mother was living, but specified that he wanted to be subpoenaed for trial and was discouraged that he had not been subpoenaed by the defence. – He stated to the two officers that he was concerned that his friends would go to jail for something they didn't do. – The officer advised him that if he was subpoenaed, his statements would be disclosed to the three accused. – The informant responded to the officer by responding, "Whatever". – The two officers had not decided as to whether to subpoena the informant when they left the ... Get more on HelpWriting.net ...
  • 68.
  • 69. The Animal Litigation Files And Changed The Status Of The... On Monday, August 1, I spend a majority of my day organizing various documents using "City Law." First, I went through the animal litigation files and changed the status of the closed cases from "open" to "closed." Most animal litigation files can be closed out once the owner of the animal receives a notice stating that their animal has been involved in an attack. After this, I spent some time filing witness subpoenas. I went through a list of witnesses who were called to court to testify and filed their information into "City Law." This will then notify the finance department to pay these witnesses for their time. When a witness is called to court, they are provided with five dollars for their appearance as well as twenty cents per mile that they drove from their home. I analyzed the witness forms filled out by the police department and determine if the witnesses appeared in court on the day they were called. I then filed the form as "serve subpoena" or "non– serve subpoena." The finance department will then be notified to send a payment only to those who appeared. In the city of Manitowoc, there is both a reward and a punishment when subpoenaing witnesses to court. If a witness does appear, they receive the previously mentioned five dollars plus milage, but if a witness does not appear, they receive a citation and a fine for contempt of court. Through completing assignments such as those that I worked on today, I have learned a lot about the Manitowoc Municipal Code and ... Get more on HelpWriting.net ...
  • 70.
  • 71. The Impeachment Of A Foreclosure Sale Harding further asks us to confirm that the trial judge complied with the requirements of Md. Rule 14–305(e) when she ratified the foreclosure sale. Furthermore, Harding petitions us to subpoena certain phone calls made between her and M & T Bank officials. Harding's requests, however, are not properly presented before this appellate court. Moreover, Harding has failed to present an argument that would overcome the presumption of legitimacy we afford to the ratification of a foreclosure sale. Maryland Rule 14–305(e) provides: [t]he court shall ratify the sale if (1) the time for filing exceptions pursuant to section (d) of this Rule has expired and exceptions to the report either were not filed or were filed but overruled, and (2) the court is satisfied that the sale was fairly and properly made. . . . Md. Rule 14–305(e). "'There is a presumption that the sale was fairly made, and that the antecedent proceedings, if regular on the face of the record, were adequate and proper, and the burden is upon one attacking the sale to prove the contrary.'" Fagnani v. Fisher, 418 Md. 371, 384 (2011) (quoting Webster v. Archer, 176 Md. 245, 253 (1939)). A. Request for Confirmation In her brief, Harding asks us to "make sure all the affidavits submitted by the Appellees . . . do not [sic] comply with all statutory and Rule requirements . . . ." and confirm that the circuit court judge signed the ratification order. "The appellate court[, however,] is not an advocate tasked with ... Get more on HelpWriting.net ...
  • 72.
  • 73. Assignment : 27 Ways To Avoid Losing Your Appeal 27 Ways To Avoid Losing Your Appeal 1. File Your Appeal On Time Any appeal must be filed within 30 days of the mailing date of the Employment Development Department's appealable document. The mailing date appears on the appealable document. Acceptable Cause for Late Appeals If you as the claimant, sent your appeal AFTER the deadline established, you must have good cause for failing to file within the time period. Good cause usually means you were not permitted from making the deadline by situations beyond your control and which could not have been realistically anticipated. Justifications like you forgot or you missed checking the deadline on the Department's appealable document do not constitute what could be seen as good cause. The ... Show more content on Helpwriting.net ... The appeal document should also include the appellant's telephone number and/or electronic address; the date or case number of the department action that is being appealed; a succinct statement of the reasons for the appeal; any requirement for language assistance or special accommodation; and the appellant's signature and the date signed. 2. In Case Your Appeal Was Filed Late, You Have To Be Prepared To State The Reasons It's important to consider that a late appeal will be rejected if the appellant fails to establish good cause for the delay. Appellants may defeat their own appeal in occasion by sending a representative to the hearing who is ready to present proof on the main issues of the case but is not informed about the reason behind the late filing of the appeal. 3. Prepare Your Case Before The Hearing Memories fade quickly, witnesses move or get transfer, documents are lost. In other words, evidence can rapidly grow stale. Right after you file an appeal or learn that the other party has filed one, you should interview witnesses, revise the necessary documents and records and start to round up the essential evidence necessary to present your appeal, as soon as you can. The best place to begin is the Department's case file. You may set to revise this file by contacting the Office ... Get more on HelpWriting.net ...
  • 74.
  • 75. Equal Pay Case Summary Now that we are half–way into the semester, I have finally settled in the EEOC as an intern in the investigation unit. Marina has allowed me to work alongside her for the duration of the internship, and I have seen many interesting cases ever since. Consequently, I have learned that there is a new classification of cases (SA) in addition to the previous three (A, B, and C) that requires special attention because it: 1) has an impact on the development of the law, 2) has broad deterrent impact (beyond parties), 3) has a direct impact on a large number of individuals, and 4) demonstrates the agency's role as the primary enforcer of civil rights. And in cases where the respondent refuses to cooperate, a subpoena is issued which forces them to ... Show more content on Helpwriting.net ... This transgender equal pay case was moved up from an "A" classification to "SA" because, the topic of gender identity is controversial in our current society and, the results of this case may pave the way for future legislation (i.e. Equal Pay Act coverage, Title VII coverage, LGBTQ laws etc.) to become more encompassing. The Charging Party ("CP") was an Assistant Manager who identified as a female and was denied promotion to Store Manager after several attempts – she had excellent performance evaluations and was the highest in seniority amongst Assistant Managers. In one instance, CP voiced her interest in a temporary Store Manager role that appeared when the current Store Manager left on her maternity leave. The Respondent ("R") promoted a less qualified candidate (also an Assistant Manager) to the position instead. Additionally, this individual was allowed to keep the $2/hour wage increase even after resuming his initial Assistant Manager role. Other instances when R consciously overlooked CP includes: 1) sending her co–workers that were trained by CP to Store Manager training classes for future promotion whilst denying CP of the opportunity and 2) claiming that CP has revoked interest in promotion after CP completed computer manager ... Get more on HelpWriting.net ...
  • 76.
  • 77. Tuscaloosa Child Support Case Study Tuscaloosa County DHR Child Support representative's testimony revealed that on January 17, 2012 the agency scheduled a Child Support hearing for paternity to be established. The custodial parent (CP), Temeka White, did not appear for the hearing on September 24, 2013. Actually, on September 13, 2013, a subpoena was issued. The subpoena was mailed to the CP's address at 3412½ 7th Street, Tuscaloosa, Alabama 35401. On September 23, 2013, the subpoena was returned; the CP was not served. The CP did not show for the September 24, 2013 hearing. On April 17, 2015, a subpoena was issued for the CP to show for a court hearing on May 5, 2015. The subpoena was mailed to the CP at address 3758 8th Street, Tuscaloosa, Alabama 35401 and to the address ... Show more content on Helpwriting.net ... A subpoena was issued to the CP for the court hearing on June 16, 2015. That subpoena was returned on June 19, 2015 due the CP had moved; unable to forward. On June 18, 2015, the CP called the office stating that she did not want to be sanctioned. The CP verified her address as 3412 7th Street, Tuscaloosa, Alabama 35401. However, the CP did not give a reason for missing court on June 2, 2015. On August 3, 2015, the CP called the office and stated again, she missed the court hearing on June 2, 2015 and could explain what happened. The CP stated she was in the home of her boyfriend the week of June 4, 2015; the boyfriend was diagnosed a schizophrenia and was not taking his medicine. The CP was afraid to leave the home; when the boyfriend fell asleep on Thursday, June 4, 2015, she left the home. The boyfriend left the home at some point, the police found him on June 6, 2015; he committed suicide. There was no police report that mentions the CP; she stated she did not know if she had received a court notice for the court hearing on July 28, 2015. There was another hearing scheduled for September 22, 2015; a court notice was sent to the CP at 3412½ 7th Street, Tuscaloosa, Alabama 35401. The CP did appear for that hearing ... Get more on HelpWriting.net ...