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John Hock Rape
Once the video was suspended, a viewer could only see 2 still photos. (As described above)
However, these photos did not contain the elements of a sexual assault. The victim identified herself
and SP l Hock as being the subjects in the photos. There were approximately 100 people who
viewed the video (252 total who viewed the site) and approximately 188 comments were posted on
the site. One of the comments was as follows: "At first we thought that the girl was ( ) but it might
be ( ).It's hard to tell one dumb blond slut from another" "We could cite paragraphs of laws be
violated by eating and exposing some girl's pussy while she was apparently passed out drunk––but
why bother? It's well established that John Hock can sexually assault ... Show more content on
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Willis/Jr. Paralegal/compliance manager of GoDeddy.com providing me with the account holder
information for the registrant of the website stickydrama.com. I took this information to Detective
Oldenburg of the phoenix Police Department Computer Forensics Unit, for review. Detective
Oldenburg reviewed the information and noted that the name of the web hosting provider was not
listed in the subpoena response and therefore was not able to determine where the website was
hosted. Detective Oldenburg advised me that web hosting provider could be determined by running
certain utilities and checking records from publicly available websites. Detective Oldenburg used
the website samspade.org to locate of IP address stickydrama.com which he found to be
174.133.41.146. Detective Oldenburg, using a built in Windows DOS command, ran the "tracert"
command to this IP address. This command displays a list of all the servers that a client computer
connects through to reach the ultimate host of the website. The results indicated that the last server
that was connected to in the route to stickydrama.com was pol.cax03.hstntxl.theplanet.cole (20.
223.21.101). From this information, Detective Oldenburg determined that the web hosting provider
that host of stickydrama.com is "The Planet" (theplsnet.com). I am requesting this warrant be issued
in order for this investigator to collect any evidence, such as video of the crime, or information
which may help
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Aaron Burr Jr. Was An American Politician
Aaron Burr Jr. was an American politician, on the Democratic–Republican Party. He was the third
Vice President of the United States, serving during President Thomas Jefferson 's first term. Nearing
the end of his term as Vice President, Burr ran for the governorship of New York, but lost. Blaming
Hamilton and eager to defend his honor, he challenged Hamilton to a duel. Hamilton accepted, and
the face–off took place; it ended when Burr shot Hamilton to death. Burr fled to New York and New
Jersey returning to Washington, DC where he completed his term safe from prosecution. The
indictments in the case never reached trial, Burr later was charged with treason in a conspiracy
regarding capitalization on a possible war with Spain and for trying to separate territories from the
United States. In this troubled time, the end of President Jefferson 's first term, Aaron Burr stepped
down from the Vice Presidency, and began preparations for a military expedition that was either––
depending upon whose views one solicited–– treasonous or patriotic. At its core, however, the Burr
Conspiracy clearly was about conquest and adventure. The Burr Conspiracy had its origins in a
series of discussions between Burr and his longstanding friend, General Wilkinson 's. Wilkinson was
an intriguer of the first–order who had formerly been the head of a party in the West that favored a
separation of the western states from the Atlantic states. Burr left Washington, stopping in
philadelphia, where he
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Burr's Case Summary: Judicial Impartiality
Burr's case, troublesome in itself for rais– ing perplexing questions concerning the law of treason,
was the more vexatious to Marshall for reopening the quarrel between the Jefferson administration
and the federal judiciary, as played out earlier in the controversy over Marbury v. Madison in 1803
and the impeachment of Justice Samuel Chase in 1805. No one was more fully attuned to the
awkward dilemma he faced in conducting this high–profile case. To maintain a posture of strict
judicial impartiality was a duty that was at once imperative and exceedingly difficult to fulfill in the
highly charged political atmosphere of the time. Things got off to a bad start a few days after the
preliminary hearing in April 1807, when Marshall attended a dinner
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The Case Of Ricter V. Singlett Memorial Hospital
In the case of Ricter v. Singlett Memorial Hospital Dr. Larry Posten had the duty to warn the third
party, Emily's parents, that their daughter was in danger. Davis Copitt was the patient of Dr. Posten,
and he mentioned that he was planning to kill his classmate Emily Ricter. Dr. Posten requested that
the campus police would detain Copitt, the police decided that Copitt was sane and released him
from detention. The police and the psychologists from the university failed to warn Emily Ricter and
her family of potential harm. A California law states "a psychotherapist may incur a duty to warn
and protect a "reasonably identifiable" victim when a patient "has communicated to the
psychotherapist a serious threat of physical violence" ... Show more content on Helpwriting.net ...
In spite of the fact that Copitt was arrested, he was released off of a promise and by what the police
thought was rational behavior.
A health care provider must understand many aspects of statutory duty. Duty is "a legal obligation
imposed on one to conform to a recognized standard of care to safe guard the rights of others". The
standard of care is usually related to medical malpractice cases. Standard of care is defined as "the
caution and prudence that a reasonable person would exercise under the circumstances or by
appropriate authority for such situations". This is mainly of importance because all physicians are
expected to perform within the guidelines of this duty, and this standard or care changes depending
on the circumstances. "Once the duty has been established, the plaintiff must show that it was
breached by presenting evidence of the facts of the case and testimony from expert witnesses
regarding whether the standard was met"(Showalter, 2014 p 139). Negligence results in the failure
to meet this standard of care, and the jury usually decides if the defendant is guilty of committing a
negligent act. Causation is an aspect of negligence. The defendant could be held liable for
negligence if the act was considered to be foreseeable, and if the injury occurred from a breach of
duty.
Damages are another important aspect of statutory duty. Damages could
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The United States ' Presidency And Executive Privilege Essay
The United States' Presidency and Executive Privilege Throughout American history, after the
establishment of the U.S. Constitution, the validity of executive privilege has been questioned in
federal courts and among legal scholars on countless occasions. According to Merriam–Webster,
executive privilege entails, "exemption from legally enforced disclosure of communications within
the executive branch of government when such disclosure would adversely affect the functions and
decision–making processes of the executive branch" (Merriam–Webster). In other words, executive
privilege is the notion that the President is exempt from having to give evidence or disclose
information to congressional hearings or to judicial inquiries. Executive privilege also typically
includes immunity from legal disputes involving the presidency. Although not officially referred to
as "executive privilege" until Eisenhower's presidency, the first argument of executive privilege or
immunity took place during George Washington's presidency (The Constitution and Executive
Privilege). Claiming executive privilege has been a common occurrence throughout all U.S.
presidencies and continuing with President Obama. Those who argue against the legitimacy of
executive privilege use the reasoning that it is not constitutional because it is not explicitly
mentioned in the Constitution and interrupts the separation of powers. On the other hand, many
legal scholars assert that executive privilege is necessary for
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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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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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Why Is It Important To Have Red Light Cameras Essay
In recent Denver news, red–light cameras have been at the forefront for controversial discussion and
in the limelight over the last few days as legislature attempts to ban the use of all red light cameras
throughout the state for the second time, however, Governor Hickenlooper will most likely veto the
bill. (Bunch) Red–light cameras at major intersections should remain active and are important to
help reduce the number of speeders, allow police officers to attend to other public safety issues, aide
those injured or involved in an accident, and help reduce the number of fatal accidents. Although
many drivers are all too familiar with red–light cameras, they did not just appear over night. The
first red–light camera bill in United States history was passed in New York City, in 1993, after quite
a few years of testing. ("Intervention Fact Sheets") After the bill in New York was passed with
success, many other states ... Show more content on Helpwriting.net ...
Finally, accidents and fatalities have been known to have been reduced at intersections where red
light cameras are in place. Reduction in life altering accidents and fatalities should be a main point
as to why it is absolutely critical that there should be red light cameras. According to the National
Center for Statistics and Analysis office of National Highway Traffic Safety Administration, "Total
red–light running crash fatalities decreased 22% from 2007 to 2011, as the number of communities
with red–light safety cameras increased 135%." ("Red–Light Running Dangers") When the
conversation of whether to have red light cameras, or not to have red light cameras arises, human
fatalities should without a doubt be a top consideration. Especially when a study performed during
2011 by the Insurance Institute for Highway Safety found that red light cameras had lowered red
light running deaths by 24%. ("Red–Light Running
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Security Privacy Confidentiality of Health Information in...
SECURITY, PRIVACY, AND CONFIDENTIALITY (SPC) OF HEALTH INFORMATION IN THE
PHILIPPINES DEFINITION OF TERMS Due to the special nature of health information, the legal
and technical aspects of the concepts of security, privacy, and confidentiality (SPC) have a particular
meaning in the context of healthcare. Privacy is the right of an individual to limit access to others to
some aspect of their person. A more specific type of privacy is informational privacy (which is the
notion of privacy we are most familiar with). Information privacy is the right of a person to
determine at what time, in what way, and to what extent information about the person is
communicated to others. Confidentiality refers to the expectation that the information ... Show more
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In its Declaration on the Rights and Obligations of the Patient, the PMA states the Right to Privacy
and Confidentiality : The patient has the right to privacy and protection from unwarranted publicity.
This right to privacy shall include the patient's right not to be subjected to exposure, private or
public, either by photography, publications, video–taping, discussion, medical teaching or by any
other means that would otherwise tend to reveal his person and identity and the circumstances under
which he was, he is, or he will be, under medical or surgical care or treatment. a. All identifiable
information about a patient's health status, medical condition, diagnosis, prognosis and treatment
and all other information of a personal kind, must be kept confidential, even after death. Except, in
cases when descendants may have a right of access to information that would inform them of their
health risks. b. All identifiable patient data must be protected. The protection of the data must be
appropriate as to the manner of its storage. Human substance from which identifiable data can be
derived must be likewise protected. c. Confidential information can be disclosed in the following
cases: (1) when his mental or physical condition is in controversy in a court litigation and the court
in its discretion orders him to submit to physical or mental examination by a physician; (2) when the
public health and safety so
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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
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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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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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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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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
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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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Judicial Affidavit Rule
[A.M. No. 12–8–8–SC, 4 September 2012]
JUDICIAL AFFIDAVIT RULE
Whereas, case congestion and delays plague most courts in cities, given the huge volume of cases
filed each year and the slow and cumbersome adversarial system that the judiciary has in place;
Whereas, about 40% of criminal cases are dismissed annually owing to the fact that complainants
simply give up coming to court after repeated postponements;
Whereas, few foreign businessmen make long–term investments in the Philippines because its
courts are unable to provide ample and speedy protection to their investments, keeping its people
poor;
Whereas, in order to reduce the time needed for completing the testimonies of witnesses in cases
under litigation, on February ... Show more content on Helpwriting.net ...
Sec. 3. Contents of Judicial Affidavit. – A judicial affidavit shall be prepared in the language known
to the witness and, if not in English or Filipino, accompanied by a translation in English or Filipino,
and shall contain the following:
(a) The name, age, residence or business address, and occupation of the witness;
(b) The name and address of the lawyer who conducts or supervises the examination of the witness
and the place where the examination is being held;
(c) A statement that the witness is answering the questions asked of him, fully conscious that he does
so under oath, and that he may face criminal liability for false testimony or perjury;
(d) Questions asked of the witness and his corresponding answers, consecutively numbered, that:
(1) Show the circumstances under which the witness acquired the facts upon which he testifies;
(2) Elicit from him those facts which are relevant to the issues that the case presents; and
(3) Identify the attached documentary and object evidence and establish their authenticity in
accordance with the Rules of Court;
(e) The signature of the witness over his printed name; and
(f) A jurat with the signature of the notary public who administers the oath or an officer who is
authorized by law to administer the same.
Sec. 4. Sworn attestation of the lawyer. – (a) The judicial affidavit shall contain a sworn attestation
at the end, executed by the lawyer who conducted or supervised the
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The UNCITRAL Model Law
"International" requirement under UNCITRAL Model Law
I. Introduction
The UNCITRAL Model Law on International Commercial Arbitration (hereinafter named as "the
Model Law") was prepared by UNCITRAL and adopted by the United Nations Commission on
International Trade Law on 21 June 1985. It was subsequently amended in 2001, 2003, 2005, 2006,
2009 and 2012.
Currently, over 60 national legislations appear to be Model Law compliant and even more and more
states are contemplating the possibility to adjust their arbitration statuses by taking into
consideration the dispositions of this law.
The specificity of the concept of "international" – as regulated by the Model Law – is that such
concept is not expressly defined thereof.
The purpose of such lack of definition is to provide the parties with a flexible private and consensual
form of adjudicative dispute resolution environment, where the domain of the international
arbitration meets the national legislations.
II. Importance of the "international" character of arbitration
The importance of the determination of the "international" criterion under the Model Law resides,
for once, in determining its application area, namely the matters that are in the scope of the arbitral
tribunals, given the fact that in some national legislation, certain aspects may be referred to such
international arbitration but may not be permitted before domestic arbitration.
Similarly, the question whether an arbitration is national or international
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The Case Of A National Do Not Email Registry Act
To: Supervising Attorney From: Annett Franklin Date: June 26, 2017 Issues: Will Paul prevail in
suing the FTC on the "Do–Not–Email Registry Act? Other issues concerning Paul and affiliated
company is fraud, money laundering, drug trafficking. A National Do Not Email Registry would not
improve the ability to track down spammers and would, therefore suffer from the same enforcement
obstacles that currently beset law enforcement and ISPs. The ISP industry's current standard policy
is to block "unsolicited bulk email." Although a National Do Not Email Registry containing domain
names would alleviate the security issues inherent in a list of individual email addresses, given the
challenge in enforcing any form of a National Do Not Email ... Show more content on
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For instance, spammers often claim that individuals who sent out offensive and unsolicited mail
advertising the spammer's product were independent contractors, and that to the contrary, the
spammers tried to prevent such solicitations. The recipient or other plaintiff should examine
witnesses or records to see if there is any proof that any contracts or agreements between the parties
were a sham and that it was the spammer whose product was advertised who actually was
responsible for the e–mailing. A standard defense to a charge of spamming is that the e–mail
recipient consented to receive the spammer's commercial e–mails. The sender routinely maintains
records as to who responded to previous mailings or to regular or pop–up advertisements, and can
argue that the parties had an ongoing relationship so the e–mail in question was not unsolicited. The
complaining recipient can respond that even if he or she did at some point express interest in the
spammer's product, he or she subsequently expressly opted out from receiving more e–mails from
this source. As to damages, many of the statutes allow punitive damages, where the defendant's
actions were willful and wanton, and with conscious disregard for the plaintiff's rights. A claim
could be brought for unjust enrichment. Counsel should be aware that many state anti–solicitation
statutes specifically provide for attorney's fees. In this connection, many of the damages claims
involve allegations that
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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
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(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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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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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 ...

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John Hock Rape

  • 1. John Hock Rape Once the video was suspended, a viewer could only see 2 still photos. (As described above) However, these photos did not contain the elements of a sexual assault. The victim identified herself and SP l Hock as being the subjects in the photos. There were approximately 100 people who viewed the video (252 total who viewed the site) and approximately 188 comments were posted on the site. One of the comments was as follows: "At first we thought that the girl was ( ) but it might be ( ).It's hard to tell one dumb blond slut from another" "We could cite paragraphs of laws be violated by eating and exposing some girl's pussy while she was apparently passed out drunk––but why bother? It's well established that John Hock can sexually assault ... Show more content on Helpwriting.net ... Willis/Jr. Paralegal/compliance manager of GoDeddy.com providing me with the account holder information for the registrant of the website stickydrama.com. I took this information to Detective Oldenburg of the phoenix Police Department Computer Forensics Unit, for review. Detective Oldenburg reviewed the information and noted that the name of the web hosting provider was not listed in the subpoena response and therefore was not able to determine where the website was hosted. Detective Oldenburg advised me that web hosting provider could be determined by running certain utilities and checking records from publicly available websites. Detective Oldenburg used the website samspade.org to locate of IP address stickydrama.com which he found to be 174.133.41.146. Detective Oldenburg, using a built in Windows DOS command, ran the "tracert" command to this IP address. This command displays a list of all the servers that a client computer connects through to reach the ultimate host of the website. The results indicated that the last server that was connected to in the route to stickydrama.com was pol.cax03.hstntxl.theplanet.cole (20. 223.21.101). From this information, Detective Oldenburg determined that the web hosting provider that host of stickydrama.com is "The Planet" (theplsnet.com). I am requesting this warrant be issued in order for this investigator to collect any evidence, such as video of the crime, or information which may help ... Get more on HelpWriting.net ...
  • 2.
  • 3. Aaron Burr Jr. Was An American Politician Aaron Burr Jr. was an American politician, on the Democratic–Republican Party. He was the third Vice President of the United States, serving during President Thomas Jefferson 's first term. Nearing the end of his term as Vice President, Burr ran for the governorship of New York, but lost. Blaming Hamilton and eager to defend his honor, he challenged Hamilton to a duel. Hamilton accepted, and the face–off took place; it ended when Burr shot Hamilton to death. Burr fled to New York and New Jersey returning to Washington, DC where he completed his term safe from prosecution. The indictments in the case never reached trial, Burr later was charged with treason in a conspiracy regarding capitalization on a possible war with Spain and for trying to separate territories from the United States. In this troubled time, the end of President Jefferson 's first term, Aaron Burr stepped down from the Vice Presidency, and began preparations for a military expedition that was either–– depending upon whose views one solicited–– treasonous or patriotic. At its core, however, the Burr Conspiracy clearly was about conquest and adventure. The Burr Conspiracy had its origins in a series of discussions between Burr and his longstanding friend, General Wilkinson 's. Wilkinson was an intriguer of the first–order who had formerly been the head of a party in the West that favored a separation of the western states from the Atlantic states. Burr left Washington, stopping in philadelphia, where he ... Get more on HelpWriting.net ...
  • 4.
  • 5. Burr's Case Summary: Judicial Impartiality Burr's case, troublesome in itself for rais– ing perplexing questions concerning the law of treason, was the more vexatious to Marshall for reopening the quarrel between the Jefferson administration and the federal judiciary, as played out earlier in the controversy over Marbury v. Madison in 1803 and the impeachment of Justice Samuel Chase in 1805. No one was more fully attuned to the awkward dilemma he faced in conducting this high–profile case. To maintain a posture of strict judicial impartiality was a duty that was at once imperative and exceedingly difficult to fulfill in the highly charged political atmosphere of the time. Things got off to a bad start a few days after the preliminary hearing in April 1807, when Marshall attended a dinner ... Get more on HelpWriting.net ...
  • 6.
  • 7. The Case Of Ricter V. Singlett Memorial Hospital In the case of Ricter v. Singlett Memorial Hospital Dr. Larry Posten had the duty to warn the third party, Emily's parents, that their daughter was in danger. Davis Copitt was the patient of Dr. Posten, and he mentioned that he was planning to kill his classmate Emily Ricter. Dr. Posten requested that the campus police would detain Copitt, the police decided that Copitt was sane and released him from detention. The police and the psychologists from the university failed to warn Emily Ricter and her family of potential harm. A California law states "a psychotherapist may incur a duty to warn and protect a "reasonably identifiable" victim when a patient "has communicated to the psychotherapist a serious threat of physical violence" ... Show more content on Helpwriting.net ... In spite of the fact that Copitt was arrested, he was released off of a promise and by what the police thought was rational behavior. A health care provider must understand many aspects of statutory duty. Duty is "a legal obligation imposed on one to conform to a recognized standard of care to safe guard the rights of others". The standard of care is usually related to medical malpractice cases. Standard of care is defined as "the caution and prudence that a reasonable person would exercise under the circumstances or by appropriate authority for such situations". This is mainly of importance because all physicians are expected to perform within the guidelines of this duty, and this standard or care changes depending on the circumstances. "Once the duty has been established, the plaintiff must show that it was breached by presenting evidence of the facts of the case and testimony from expert witnesses regarding whether the standard was met"(Showalter, 2014 p 139). Negligence results in the failure to meet this standard of care, and the jury usually decides if the defendant is guilty of committing a negligent act. Causation is an aspect of negligence. The defendant could be held liable for negligence if the act was considered to be foreseeable, and if the injury occurred from a breach of duty. Damages are another important aspect of statutory duty. Damages could ... Get more on HelpWriting.net ...
  • 8.
  • 9. The United States ' Presidency And Executive Privilege Essay The United States' Presidency and Executive Privilege Throughout American history, after the establishment of the U.S. Constitution, the validity of executive privilege has been questioned in federal courts and among legal scholars on countless occasions. According to Merriam–Webster, executive privilege entails, "exemption from legally enforced disclosure of communications within the executive branch of government when such disclosure would adversely affect the functions and decision–making processes of the executive branch" (Merriam–Webster). In other words, executive privilege is the notion that the President is exempt from having to give evidence or disclose information to congressional hearings or to judicial inquiries. Executive privilege also typically includes immunity from legal disputes involving the presidency. Although not officially referred to as "executive privilege" until Eisenhower's presidency, the first argument of executive privilege or immunity took place during George Washington's presidency (The Constitution and Executive Privilege). Claiming executive privilege has been a common occurrence throughout all U.S. presidencies and continuing with President Obama. Those who argue against the legitimacy of executive privilege use the reasoning that it is not constitutional because it is not explicitly mentioned in the Constitution and interrupts the separation of powers. On the other hand, many legal scholars assert that executive privilege is necessary for ... Get more on HelpWriting.net ...
  • 10.
  • 11. 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 ...
  • 12.
  • 13. 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 ...
  • 14.
  • 15. Why Is It Important To Have Red Light Cameras Essay In recent Denver news, red–light cameras have been at the forefront for controversial discussion and in the limelight over the last few days as legislature attempts to ban the use of all red light cameras throughout the state for the second time, however, Governor Hickenlooper will most likely veto the bill. (Bunch) Red–light cameras at major intersections should remain active and are important to help reduce the number of speeders, allow police officers to attend to other public safety issues, aide those injured or involved in an accident, and help reduce the number of fatal accidents. Although many drivers are all too familiar with red–light cameras, they did not just appear over night. The first red–light camera bill in United States history was passed in New York City, in 1993, after quite a few years of testing. ("Intervention Fact Sheets") After the bill in New York was passed with success, many other states ... Show more content on Helpwriting.net ... Finally, accidents and fatalities have been known to have been reduced at intersections where red light cameras are in place. Reduction in life altering accidents and fatalities should be a main point as to why it is absolutely critical that there should be red light cameras. According to the National Center for Statistics and Analysis office of National Highway Traffic Safety Administration, "Total red–light running crash fatalities decreased 22% from 2007 to 2011, as the number of communities with red–light safety cameras increased 135%." ("Red–Light Running Dangers") When the conversation of whether to have red light cameras, or not to have red light cameras arises, human fatalities should without a doubt be a top consideration. Especially when a study performed during 2011 by the Insurance Institute for Highway Safety found that red light cameras had lowered red light running deaths by 24%. ("Red–Light Running ... Get more on HelpWriting.net ...
  • 16.
  • 17. Security Privacy Confidentiality of Health Information in... SECURITY, PRIVACY, AND CONFIDENTIALITY (SPC) OF HEALTH INFORMATION IN THE PHILIPPINES DEFINITION OF TERMS Due to the special nature of health information, the legal and technical aspects of the concepts of security, privacy, and confidentiality (SPC) have a particular meaning in the context of healthcare. Privacy is the right of an individual to limit access to others to some aspect of their person. A more specific type of privacy is informational privacy (which is the notion of privacy we are most familiar with). Information privacy is the right of a person to determine at what time, in what way, and to what extent information about the person is communicated to others. Confidentiality refers to the expectation that the information ... Show more content on Helpwriting.net ... In its Declaration on the Rights and Obligations of the Patient, the PMA states the Right to Privacy and Confidentiality : The patient has the right to privacy and protection from unwarranted publicity. This right to privacy shall include the patient's right not to be subjected to exposure, private or public, either by photography, publications, video–taping, discussion, medical teaching or by any other means that would otherwise tend to reveal his person and identity and the circumstances under which he was, he is, or he will be, under medical or surgical care or treatment. a. All identifiable information about a patient's health status, medical condition, diagnosis, prognosis and treatment and all other information of a personal kind, must be kept confidential, even after death. Except, in cases when descendants may have a right of access to information that would inform them of their health risks. b. All identifiable patient data must be protected. The protection of the data must be appropriate as to the manner of its storage. Human substance from which identifiable data can be derived must be likewise protected. c. Confidential information can be disclosed in the following cases: (1) when his mental or physical condition is in controversy in a court litigation and the court in its discretion orders him to submit to physical or mental examination by a physician; (2) when the public health and safety so ... Get more on HelpWriting.net ...
  • 18.
  • 19. 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 ...
  • 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. 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 ...
  • 24.
  • 25. 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 ...
  • 26.
  • 27. 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 ...
  • 28.
  • 29. Judicial Affidavit Rule [A.M. No. 12–8–8–SC, 4 September 2012] JUDICIAL AFFIDAVIT RULE Whereas, case congestion and delays plague most courts in cities, given the huge volume of cases filed each year and the slow and cumbersome adversarial system that the judiciary has in place; Whereas, about 40% of criminal cases are dismissed annually owing to the fact that complainants simply give up coming to court after repeated postponements; Whereas, few foreign businessmen make long–term investments in the Philippines because its courts are unable to provide ample and speedy protection to their investments, keeping its people poor; Whereas, in order to reduce the time needed for completing the testimonies of witnesses in cases under litigation, on February ... Show more content on Helpwriting.net ... Sec. 3. Contents of Judicial Affidavit. – A judicial affidavit shall be prepared in the language known to the witness and, if not in English or Filipino, accompanied by a translation in English or Filipino, and shall contain the following: (a) The name, age, residence or business address, and occupation of the witness; (b) The name and address of the lawyer who conducts or supervises the examination of the witness and the place where the examination is being held; (c) A statement that the witness is answering the questions asked of him, fully conscious that he does so under oath, and that he may face criminal liability for false testimony or perjury; (d) Questions asked of the witness and his corresponding answers, consecutively numbered, that: (1) Show the circumstances under which the witness acquired the facts upon which he testifies; (2) Elicit from him those facts which are relevant to the issues that the case presents; and (3) Identify the attached documentary and object evidence and establish their authenticity in accordance with the Rules of Court;
  • 30. (e) The signature of the witness over his printed name; and (f) A jurat with the signature of the notary public who administers the oath or an officer who is authorized by law to administer the same. Sec. 4. Sworn attestation of the lawyer. – (a) The judicial affidavit shall contain a sworn attestation at the end, executed by the lawyer who conducted or supervised the ... Get more on HelpWriting.net ...
  • 31.
  • 32. The UNCITRAL Model Law "International" requirement under UNCITRAL Model Law I. Introduction The UNCITRAL Model Law on International Commercial Arbitration (hereinafter named as "the Model Law") was prepared by UNCITRAL and adopted by the United Nations Commission on International Trade Law on 21 June 1985. It was subsequently amended in 2001, 2003, 2005, 2006, 2009 and 2012. Currently, over 60 national legislations appear to be Model Law compliant and even more and more states are contemplating the possibility to adjust their arbitration statuses by taking into consideration the dispositions of this law. The specificity of the concept of "international" – as regulated by the Model Law – is that such concept is not expressly defined thereof. The purpose of such lack of definition is to provide the parties with a flexible private and consensual form of adjudicative dispute resolution environment, where the domain of the international arbitration meets the national legislations. II. Importance of the "international" character of arbitration The importance of the determination of the "international" criterion under the Model Law resides, for once, in determining its application area, namely the matters that are in the scope of the arbitral tribunals, given the fact that in some national legislation, certain aspects may be referred to such international arbitration but may not be permitted before domestic arbitration. Similarly, the question whether an arbitration is national or international ... Get more on HelpWriting.net ...
  • 33.
  • 34. The Case Of A National Do Not Email Registry Act To: Supervising Attorney From: Annett Franklin Date: June 26, 2017 Issues: Will Paul prevail in suing the FTC on the "Do–Not–Email Registry Act? Other issues concerning Paul and affiliated company is fraud, money laundering, drug trafficking. A National Do Not Email Registry would not improve the ability to track down spammers and would, therefore suffer from the same enforcement obstacles that currently beset law enforcement and ISPs. The ISP industry's current standard policy is to block "unsolicited bulk email." Although a National Do Not Email Registry containing domain names would alleviate the security issues inherent in a list of individual email addresses, given the challenge in enforcing any form of a National Do Not Email ... Show more content on Helpwriting.net ... For instance, spammers often claim that individuals who sent out offensive and unsolicited mail advertising the spammer's product were independent contractors, and that to the contrary, the spammers tried to prevent such solicitations. The recipient or other plaintiff should examine witnesses or records to see if there is any proof that any contracts or agreements between the parties were a sham and that it was the spammer whose product was advertised who actually was responsible for the e–mailing. A standard defense to a charge of spamming is that the e–mail recipient consented to receive the spammer's commercial e–mails. The sender routinely maintains records as to who responded to previous mailings or to regular or pop–up advertisements, and can argue that the parties had an ongoing relationship so the e–mail in question was not unsolicited. The complaining recipient can respond that even if he or she did at some point express interest in the spammer's product, he or she subsequently expressly opted out from receiving more e–mails from this source. As to damages, many of the statutes allow punitive damages, where the defendant's actions were willful and wanton, and with conscious disregard for the plaintiff's rights. A claim could be brought for unjust enrichment. Counsel should be aware that many state anti–solicitation statutes specifically provide for attorney's fees. In this connection, many of the damages claims involve allegations that ... Get more on HelpWriting.net ...
  • 35.
  • 36. 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.
  • 37. 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 ...
  • 38.
  • 39. 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 ...
  • 40.
  • 41. 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 ...