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Deprivation Account Of Death Analysis
How does the deprivation account deal with this?
According to the deprivation account, death can be a misfortune for you if it deprives you of the good things you would have otherwise experienced.
Similarly, death can be good for you if your life is not worth living any more. Thus, the deprivation account captures a fundamental intuition about life
and death: the value of death depends on what life had in store for you had you not died at that moment.
The deprivation account evaluates the badness of death quantifying the amount of welfare loss that the death inflicts on the victim. This evaluation is
based on a comparison between two possible well–being levels of the person: the well–being level in the person's life until the time of death to the
well–being level of the possible life he could have had. If the value of the comparison is negative, this is, if death makes the well–being level lower
that it would have been otherwise, death is a misfortune for the person. ... Show more content on Helpwriting.net ...
But, how do we do this comparison when one of the terms of the comparison does not exist? How can we compare both situations? Philosophers talk
sometimes in terms of counterfactuals, or possible worlds (cit needed). It is possible to imagine a world equal to ours in every respect apart from
Carol's death. In one world Carol dies tomorrow, in the other relevant (for our purposes) possible world Carol dies a month from today, whilst all the
rest of the characteristics of the world remain constant (we refer to his as the closest possible world). The difference in value between the two worlds
is the value of Carol's
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The Burden Of Proof Is The Duty Of A Party
Introduction
The burden of proof is the duty of a party in a trial to produce the evidence that will shift the conclusion away from the default position, to that party
's own position. In a legal dispute, one party is initially presumed to be correct and gets the benefit of the doubt, while the other side bears the
burden of proof. When a party bearing the burden of proof meets their burden, the burden of proof switches to the other side. Burdens may be of
different kinds for each party, in different phases of litigation. (Wikipedia, 2017) For all cases, it is the responsibility of the prosecution to prove
beyond reasonable doubt that the defendant is guilty and vice versa for the defense. To start, the prosecution gave their argument:... Show more content
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The applicable code of the prosecution was to prove beyond reasonable doubt rather than just speculation on the case and learning about what the actual
presented evidence consists of.
The reason the O.J. Simpson's case is pivotal in the crimes in the United States of America is the necessity of the prosecution to prove a case beyond
reasonable doubt; the standard that no other logical explanation can be derived from the facts except that the defendant committed the crime, thereby
overcoming the presumption that a person is innocent until proven guilty (Beyond a Reasonable Doubt, 2008). Despite being a first–degree murder
case and a prima facie case, OJ Simpson's was acquitted. The case came with a high public awareness concerning the prevalence of domestic violence
and difference. Also in the case of Casey; there was an expectation of conviction due to the first evidence was given by the prosecution.
Opening Statements
The defense attorney was more convincing as compared to the prosecution. The attorney directs the jury to seek what transpired and not to base their
position on investigation directed to one person only. He points out that the defense had a desperate investigation full of speculation and guessing. It
came down to a belief the state did not prove its case because it could not prove how Caylee died. Human decomposition made it impossible to prove
the mode of Caylee 's death with
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Compare and Contrast Utilitarianism and Deontology
Compare and contrast utilitarianism and deontology. Utilitarianism is the principle that the correct form of action be taken to benefit the greatest
number of people. Deontology is defined as the area of ethics involving the responsibility, moral duty and commitment. Both utilitarianism and
deontology deal with the ethics and consequences of one's actions and behavior despite the outcome. To contrast utilitarianism and deontology,
utilitarianism summarized is making the right decision followed by the right actions that has the best outcome for the largest number of individuals.
Deontology is the understanding and practice that there is a respect for life, fairness, and honesty despite the consequences and no matter the affect on...
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Being a member of a protected group was established by Title VII by the Supreme Court including the protection for both male and females. All
individuals regardless of gender are protected by Title VII. An individual must prove that they did not welcome the behavior or gestures which were
displayed in a sexual nature. The plaintiff would need to prove that any harassment they endured was initiated because of the individuals gender
whether it be male or female. An individual does not have to endure situations which cause their work environment to become hostile because of
sufficiently severe or pervasive behavior by another individual. Explain who might be hurt by English only rules and who might benefit. All
individuals that are from other culture and proficient and predominately speak a language other than English would be hurt by English only rules.
English only speaking rules create barriers in the workplace and can also encourage a hostile working environment. These policies also encourage a
working environment of lowliness, segregation, and fear. English only rules prohibit employees whose primary language is anything other than
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Dunlap V. Tennessee Valley Authority Essay
Dunlap v. Tennessee Valley Authority
Joyce Harrison
Business Employment Law
May 11, 2011
1. What were the legal issues in this case? The U.S. Court of Appeals for the Sixth Circuit was to determine if the plaintiff, David Dunlap Dunlap, had
met the burden of proof that the Tennessee Valley Authority (TVA) was liable under Title VII of the Civil Rights Act of 1964 by intentionally
discriminating against him under both disparate impact and disparate treatment analyses and whether the TVAappeal to the District Court erred in each
of these analyses could be legally supported to reverse their decision FindLaw, 2011). David Dunlap brought suit under Title VII, alleging racial
discrimination by the TVA.... Show more content on Helpwriting.net ...
3. Explain why the plaintiff's disparate treatment claim succeeded.
The disparate treatment doctrine requires a plaintiff to demonstrate that an employer has treated some people less favorably than others because of
their race, color, religion, sex, or national origin. Three provisions required to prove disparate treatment are (1) the plaintiff must establish a prima facie
case of racial discrimination; (2) the employer must articulate some legitimate, nondiscriminatory reason for its actions, and (3) the plaintiff must prove
that the stated reason was in fact pretextual. Proof of discriminatory motive is critical and may be inferred from the mere fact of differences in
treatment. Proof may also be inferred from the falsity of the employer's explanation for the treatment, (Walsh, 2010).
Mr. Dunlap successfully established a prima facie case of disparate treatment by meeting the above 3 provisions; (1) he was African–American; (2) he
was qualified for the position sought; and (3) white applicants with less experience were hired for 9 of the 10 open jobs. TVA attempted to rebut his
claim by offering the selection matrix used during his interview as evidence to prove that he didn't rank as one of the top 10 applicants due to his
interview scores. However, Mr. Dunlap was able to refute TVA's claim by demonstrating that his matrix score was manipulated to keep him out of top
10, thus proving it was merely a
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Ethical Issues In A Hospital
For this assignment, I spent time volunteering at Mercy Downtown, helping at the main information desk. While I was there, I assisted visitors in
finding patients by looking up their room number, directed patients and visitors to the correct area of the hospital, and delivered flowers to rooms
that had been dropped off. A paid employee also accompanied me while there, as volunteers are not allowed to actually look up patient information
via the online portal, but I could call a different help desks within the hospital to ask other paid employees to look patients up for me if needed. The
experience made me realize that there are so many little unthought of components to making a hospital as big as Mercy be efficient for everyone. The
information... Show more content on Helpwriting.net ...
I have learned that no matter how many times people tell me not to judge a person by their appearance, I have grown up in a world where we still
do it daily regardless of how hard we try not to. I go back and forth thinking about whether it's right or wrong to so openly give out patient room
numbers but in the end, I think it's really only fair to do so. I think there could be changes, if possible phone up to a room and ask the patient if they
know so and so, and if they want them to come to their room. Another option might be calling the nurses station or something on the floor, but I can
only imagine how crazy that would drive employees who are trying to do their jobs. I can guess that most health care related organizations come
across many situations and circumstances that could sway between ethical and unethical, and the decision about what to do is probably very difficult.
It has been made very clear to me now, as to why hospitals have boards of directors with members from different backgrounds, so that there is really
someone pulling from every angle to try and think about all the options to help make a sound
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Wgu Jdt Task 1
Memorandum To:CEO From:Insert Name Date:Re:Constructive Discharge Claim I was notified by the corporate attorney about a former employee
filing a claim for Constructive Discharge under Title VII of the Civil Rights Act of 1964. Upon notification I did the following research into the
position we as a company need to take. How is constructive discharge relevant as a legal concept to the current scenario? At the beginning of this
year the company implemented a new work shift policy to keep up with the growth of the organization. The policy requires that employee's in the
production group work 12 hour shifts with 4 days on then 4 days off in a rotating manner. This means that at times some employee's will be working
on a... Show more content on Helpwriting.net ...
The former employee also bears the burden of proving his prima facie case. In Lawson v State of Washington (2002), Washington State won over
Lawson on a claim of constructive discharge on religious discrimination. Lawson showed that he had a genuine religious belief that conflicted with
his duties and that he had informed his employer about his beliefs. The 3rd prima facie of proving discharge for failing to comply with the
requirements that caused the conflict was not accepted by the court because Lawson quit of his own volition. In the company's case proving this
will result in the same ruling as the former employee quit on his own and there was no threat of discharge or discipline on part of the company. The
schedule change was for all employees and not just the former employee. And the company was never informed by the former employee of the
religious belief that is genuine and sincere that was in conflict with the new duties. This shows that the former employee cannot prove the 2nd prima
facie either. The former employee may be able to prove the 1st prima facie but that will be the only one. The company can show to the courts that the
accommodation of such a religious practice would result in undue hardship for the company. The shift change is being made due to the growth of the
company. Not doing this will result in significant financial losses due to lost opportunities. In EEOC
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Frank V Xerox Case Study
Frank v. Xerox Corporation The Frank v. Xerox case involves events that date back to the early 1980s. Xerox is a large corporation that produces
commercial multifunction printers and printing supplies. This court case is a combination of incidents that Xerox employees sued Xerox about. The
reasons for suing range from discrimination because of race or gender, and hostile work environments. It is important that when employees start to feel
mistreated or notice something has changed, they take the correct actions to resolve their dispute. The plaintiffs would make a case of discrimination
by stating how they have felt discriminated against. There are different classifications of discrimination. Some discrimination may not be ... Show more
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This can be proven by using the four–fifths rule. You take the percentage of minorities that you hired and divide it by how many minorities applied.
You do the same with the amount of white people hired and how my white people applied. When you get the percentages, you divide the selection rate
for whites by the selection rate for minorities. A plaintiff can experience both disparate treatment and impact if the discrimination starts out as
unintentional.
To defend their actions, Xerox will need to prove that they made their employment decisions based on ability, not gender or race. They could prove
the case wrong if they provide information that supports their decision to hire someone else or not hire anyone at all. Their evidence must include
evidence that the reason someone was not chosen for a position was job related. At first, the court sided with Xerox but later in the case, they
discovered that some of the evidence used was not proven or was incorrect. In conclusion, the summary judgement was reevaluated.
Xerox could have tried to reach the same goals in a less discriminatory manner if the goals they were reaching for were job related. Gender, race, or
disability are not job related and cannot be used to for employment matters. There are certain reasons discrimination can be acceptable during an
application process. For example, a warehouse job requires the ability to lift 100 pounds, it is not discrimination. The example is
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Snow White Case Study
This writer analyzes a case that pertains to a patient by the name of Snow White. Snow White's case delineates and highlights the intricate factors that
can play a role in the decision that involves long–term disability leave. Snow White's case involves psychotherapy notes, a car accident that left Snow
White with a possible temporary or long term disability. The car accident left Snow White with the inability to work and seeking to request disability.
However, the direction the case took was life changing as Snow White was denied disability. The reasoning behind the decision involves the disclosure
psychotherapy notes, which were not accurate according to Snow White. This writer analyzes how this case could have been examined differently...
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Afterwards, Snow White was involved in a car accident, in which she was rear–ended and resulted in a condition referred to as connective–tissue
disorder.
Subsequently, this injury left Snow White unable to work due to a worsening back pain. She then applied for long–term disability leave. In the process
her employer's carrier, Walt Disney Corp. requested for Snow White to sign a broad release covering her medical records. Three months after, Snow
White found that that she was denied long–term disability coverage on the basis of the psychologist's notes. Apparently, the psychologist's notes stated
that Snow White was seeking employment elsewhere and that she was working on a case. However, the psychologist's notes are what cost Snow White
her request for long–term disability coverage.
Now, Snow White is pondering whether if she has a cause of action case? When it comes to filing a litigation based on cause of action, the person
filing must establish prima facie (Bennett–Alexander & Hartman, 2015). Essentially, prima facie is gathering evidence that fits a cause of action
(Bennett–Alexander & Hartman, 2015). To start Snow White couldappeal the decision made by the employer's carrier or perhaps seek mediation.
Snow White can seek a cause of action against the psychologist based on defamation. The defamation, is where Snow White would have to prove that
the psychologist's notes tarnished her image, and subsequently cost her long–term disability, her
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Retaliation And The Title Vii Of The Civil Rights Act Of 1964
Retaliation and the Title VII of the Civil Rights Act of 1964
John R. Collins
Embry–Riddle Aeronautical University
MGMT 533 Social Responsibility, Ethics and Law
Daniel A. Papajcik
March 6, 2016
Introduction
Charges of workplace discrimination is said to be at an all time high. During the 2015 fiscal year the U.S. Equal Employment Opportunity released
information that claims there were more than 89,000 charges filed for workplace discrimination. One of the top ten charges is said to be retaliation,
which had an estimate 39,757 cases in 2015, which is 44.5 percent of all charges filed. Retaliation is said to be in violation of the Title VII of the
Civil Rights Act of 1964, For the purpose of this research paper I will provide the understanding of both Acts, while also taking a case that deals with
to provide the basis of the case, the findings, and the outcome of the charges.
Title VII of the Civil Act of 1964 The Title VII of the Civil Rights Act of 1964 can be found in theUnited States Code (Pub. L. 88–352) Volume 42.The
basis of the act Title VII is to prevent employment discrimination against race, color, religion, sex and national origin. Title VII prohibits an employer
from both (i) discriminating against an employee on the basis of sex, and (ii) retaliating against an employee for complaining about prior discrimination
or retaliation. According to the U.S. Equal Employment Opportunity Commission, the purpose of the act is to enforce the
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O Connor V. Consolidated Coin Caterers Corp.
The Supreme Court clarified in O'Connor v. Consolidated Coin Caterers Corp. the fourth prong of the McDonnell Douglas analysis by stating that an
inference of age discrimination cannot be drawn when one employee is replaced with an insignificantly younger employee. 517 U.S. 308, 313 (1996).
However, an inference can be drawn when one employee is replaced with a "substantially younger" employee. Id. See Richter v. Hook–SupeRx, Inc.,
142 F.3d 1024, 1028 (7th Cir. 1996) ("[T]o satisfy the fourth prong under McDonnell Douglas, aplaintiff must demonstrate that he was replaced by a
younger person, as long as the replacement is not 'insignificantly younger.'"). In his Complaint, Dobosz identifies only one potential comparator when
he alleges that ... Show more content on Helpwriting.net ...
The only assertion offered by Dobosz to maintain his claim is his incorrect allegation that he was terminated and replaced by a younger employee
whom he trained. (Compl. В¶ 15). Because Dobosz based his claim on speculation and failed to produce any evidence to establish a prima facie case
and that his age was the but–for cause of Quaker Chemical's termination decision, no issues of material fact exist and Quaker Chemical is entitled to
judgment as a matter of law with regard to Dobosz's age discrimination claim. Carman, 762 F.3d at 566.C. Age Discrimination under В§ 1983
The Plaintiff initiated this suit on a В§ 1983 complaint form provided by the Clerk of Court. Section 1983 provides, in pertinent part: Every person
who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be
subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities
secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress . . . .
42 U.S.C. В§
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The Civil Right Act Of 1964
1.What were the legal issues in this case?
Dunlop sued Tennessee Valley Authority (TVA) under the Title VII of the Civil Right Act of 1964, and both under the Disparate Treatment and
Disparate Impact. Dunlap feels that he has been discriminated during the interview process. The district court concluded that TVAs subjective hiring
process permitted racial bias against the plaintiff and other black job applicants. Tennessee Valley Authorities was found guilty ofdiscrimination against
the plaintiff.
The Title Vii of the Civil Right Act of 1964 enforces the constitutional right to vote, to confer jurisdiction upon the district courts of the United States to
provide injective relief against discrimination in public accommodations to authorized the attorney general to institute suits to protect constitutional
rights in public facilities and public education, to extent he Commission on Civil Rights to prevent discrimination in federal assisted programs, to
established a Commission on Equal Employment, and for other purposes .Under this law, sec 2000e [Section 701e], the plaintiff is being protected
against discrimination act. A labor organization should deemed to be engages in an industry affect commerce.it maintains or operates a hiring hall or
office which procures employees opportunities to work for an employee (https://www.eeoc.gov/law/status.titlevii.cfm).
Dunlop feels that the interview has been manipulated to select lower qualified candidates with favoritism toward family
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Zimpfer vs. Palm Beach County Case Essay
Individual Assignment #1: "Zimpfer vs. Palm Beach County". By MGMT 6374 HUMAN RESOURCES MANAGEMENT November 2, 2011
TABLE OF CONTENTS Page INTRODUCTION1 Critical Issues1 ADEA Requirements and Prima Facie Evidence ADEA Requirements for
Conclusive Evidence and Relevant Court Cases Critical Evaluation of the I/O Psychologist Report2 Potential Additional Evidence Needed for Zimpfer3
Potential Rebuttal Evidence Needed for the County3 Conclusions 4 Recommendations to the County Future Preventive Actions Needed Introduction
The "Zimpfer vs. Palm Beach County" case is about a lawsuit filed by Mr. Bryce Zimpfer... Show more content on Helpwriting.net ...
Zimpfer. Mr. Zimpfer would not have any problem providing the evidence needed to satisfy requirements 1, 3, and 4. Requirement 2 on the other
hand might be a little tricky to prove. ADEA Requirements for Conclusive Evidence and Relevant Court Cases Though Mr. Zimpfer's attorney
was able to get a report from an I/O psychologist, Dr. Josephs, which verifies his ability to perform the duties described in the ad for the managerial
position, the county could also get its own expert to rebut this psychologist's findings in the report. If Dr. Josephs is able to convince this jury then
there is sufficient evidence to conclusively prove that Mr. Zimpfer was a victim of discrimination, since her report shows that he is clearly more
qualified for the position than Mr. Merriman is. Critical Evaluation of the I/O Psychologist Report Though Dr. Josephs' report looks comprehensive, it
could be considered to be lacking all the information needed to conclude who the best candidate for the position is. To come up with scores, Dr.
Josephs did not take into consideration the conversations the interviewer had with each candidate. Though Mr. Zimpher's resume may have showed
that he possessed all the skill she gave him credit for, those written words don't necessarily translate to actions. It could be that he was not able to
convince the interview panel that he actually possessed those skills. Mr.
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How Do Counselors Use Persuasion To Force?
Persuasion to Force is tactical strategies performed in high risk and urgency for the client when the advocate has high leverage (Huber, Nelson,
Netting, & Borders, 2008, p. 142). When using such tactics counselors or representatives is divulging great apprehensions for their client needs.
Meaning, counselors are willing to do whatever is needed for the best interest for their client according to the law. Oftentimes, persuasion tactics may
use argumentation and negotiation to get across their point. On the other hand, force may involve strong arming through the means of warning and
threats (Huber, Nelson, Netting, & Borders, 2008, p. 142). When using Persuasion to Force strategies counselors must rely on their knowledge and
skills to help ... Show more content on Helpwriting.net ...
Prima facie is define as valid at first glance (Huber, Nelson, Netting, & Borders, 2008, p. 143). When presenting the opponent or sometimes the client
the pros and cons of the situation he or she can accept the outcome or present a counter offer, solution, or argument to the situation. Although, the
counter offer or argument may seems somewhat seasonable, it is plausible to do what is best for the client. Oftentimes, this process may go on for
some time before a reasonable decision is made. Any person using this tactic must be firm on their beliefs, skills, and evidence and not overly
empathized with the opponent nor client (if it is not in the client's best interest).
When understanding Argumentation it is essential to view each components of this strategy:
Requests/ Pleas for help–tactics and strategies that would not normally win cases, but it will help in the long run as a way for convincing the
decision maker based on sympathy. Moreover, this technique allow the opponent to visualize your reality through your moral plea and emotional
appeal. Example: I know I owe the debt, but I lost my job, two week ago; my house caught fire, and now I am living in a shelter with my wife and
kids. I do not have the money to pay right now. Please consider my hardship and give me some time to get on my feet.
Calm Directness–is important to be directness. In face of adversity always remain calm and professional with the intensity of
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Old Vs. Forever Ac
Young vs. Forever AC Forever AC is jewelry where the company designs and sells rings, earrings, bracelets, and necklaces. The company is not a
store where customers can walk in and out looking at displays items. Customers can look through the Internet for the items and customers can make
an appointment to talk to the company in person. Forever AC is different from most of the other jewelry stores because the company does not want
random customers. The company wants customers that are ready and sincerely want to buy the item. The company cans custom made any design the
customer 's wish. Since most of the customers that go to Forever AC like to customize their jewelry, the company gets really busy all the time. There
are approximately 200 employees in the company. Allison Young is currently 55 years old. Her position is design engineering and she has been with
the company for 10 years. Recently, her manger has asked her several times about retirement plans and during the same time the company needs to hire
design–engineering director due to the old employee past away from a heart attack. Young applied for the position and have two interviews. However,
at the end Forever AC decided to hire a 45 years old male from outside the company for the design–engineering director position. According to records,
he was also a lead engineer at his previous company. He led approximately five employees under
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Case Analysis : V. J. Foster Phillips Funeral Home, Inc....
Greer Lukens
Case Brief #1
BUS251 SC01 12:15 – 13:30
S. Conroy
10 April, 2015
Mobley v. J. Foster Phillips Funeral Home, Inc.
2015 NY slip Op 50436(U)
History: Plaintiff's and Defendant's were involved in an automobile accident that occurred on 3 November, 2010. Whereby, thePlaintiff's are suing for
personal injury as a result of injuries sustained or allegedly sustained during subject accident. The NY Supreme Court, Queens County decided the case
and no lower courts authored any opinion.
FACTS:
1.Plaintiff's, J. Mobley, A. Watson, Michelle Watson, A. Watson jr, O. Watson, by their mother and natural guardian, Michelle Watson.
2.J. Foster Phillips Funeral Home, Inc., J. Leary, R. Record, M. Grenald, Defendants
3.Plaintiffs and Defendant's do not dispute involvement in an automobile accident that occurred on November 3, 2010.
4.Damages sought for personal injury as a result of automobile accident for all Plaintiffs
5.Motion filed by Defendants J. Foster Phillips Funeral Home, Inc., and J. Leary to dismiss complaint of Plaintiff's.
6.Cross Motion filed by Defendants R. Record and M. Grenald to dismiss complaint of Plaintiff's.
7.Cross Motion filed by Plaintiffs for an order to strike Defendants' answer for failure to exchange IME's report within (30) days
ISSUE:
1.Did the Plaintiff's sustain "serious injury" to maintain an action of personal injury?
2.Did the Defendants provide evidentiary proof in admissible form to shift the burden of
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William David Ross 's Theory Of Right Conduct
William David Ross's theory of right conduct is an alternative to utilitarianism and deontological theories. Instead of focusing on the happiness and
pleasure created from actions or the duty to perform a certain kind of action, Ross offers claims that prima facie duties should be the basis of moral
decision–making. In this paper, I will explain the general concept of a prima facie duty and present Ross's seven prima facie duties and how one makes
moral judgments when they conflict.
According to William David Ross, there are distinct "prima facie" duties that people can make reference to for guidance when trying to resolve moral
dilemmas in life to decide the best solution that would lead to the best outcome. They are duties that one must act upon unless the duties conflict with
other duties of equal or stronger obligation (W.D Ross). His theory is not subjective, but Ross believed there was an objective fact of the matter to help
you decide what to do. Certain circumstances or features of the conflict determine what one must do after all things are considered. If the action has
some morally relevant feature that favors performing the action and if that feature is the only morally relevant feature in one 's situation, then it would
be the individuals all things considered duty. Moral Judgment is the only method one has because no super–principle will be there to help justify moral
situations and no central intrinsic good stating the plurality of the essential primary
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My Journey From Non-Belief To Trenchant Atheism Began With
My journey from non–belief to trenchant atheism began with The Bible.
My story stands in contrast to Michael Collett's touching story of sincere faith lost. Bit I take particular issue with Michael Jensen's seemingly polite
reply to Collett's article. "I hope I've put Collet's case...in such a way as he would recognise it", he simpers, before paraphrasing Collett's denial of God's
existence in a way which amounts to a "tacit acknowledgement that God exists".
Since I did not grow up in a Christian household, attend church, or even have to endure Bible lessons at school, when I first actually read the contents
of the Bible in my teens they came as a considerable surprise.
Opening the book at 900 year old patriarchs ...Skipping to the ... Show more content on Helpwriting.net ...
Even after Lincoln invented the lightning rod it took nearly a half century for the western world to shed this belief, and use the lighting rod.
Century after century of Christendom saw superstition supplanted by science. The Earth isn't flat, nor does the sun revolve around it. Our intuitions
about the world have mostly been wrong: one by one collapsing under the weight of scientific discovery.
Michael Collett 's faith collapsed due to the lack of evidence. Jensen agrees that "if the evidence is not good, then don't believe it".
"Suppose there is a God...", implores Jensen. Suppose there is a Creator. Suppose God as more than a force, as a personal, relational God who loves
humans. "It's not an outlandish idea, even if you yourself don't believe it."
No, taken in such vague, subjective terms, I suppose it is not outlandish. But believing in some sort of creator, or personal God, is not equivalent in
believing in fully fledged Christianity. For instance, the Nicene Creed, or profession of the faith, involves adherence to the virgin birth, the divinity of
Jesus, the resurrection/salvation narrative, the holy spirit, and the existence of heaven and hell.
My departed father clearly failed to instil in me the idea that we should go around supposing things.
Hailing from the poor Ibrox–tenements of Glasgow, he was a sapper in the British army on D–day 14, and a UN peacekeeper who helped clean up
after the King David Hotel
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Employment Law- Assignment 4 Essay
FACTS
Fifty–five–year–old Sabrina Houston had been working as the Chief Elections Advisor in her county for the last 5 years. She began working at the
Elections center as a receptionist after high school, and worked her way up to the top. The Chief Elections Advisor position requires a college degree,
and completion of a six–month training course, but this was overlooked as MS. Houston made her way to the top. The Regional Elections Advisor
was fired due to the fact the he was not supervising the Elections Advisors on the county level properly. As a result, all of the Chief Elections Advisors
throughout the various counties in the state were fired, and they had to reapply for their positions. When Ms. Houston reapplied for her job, she ... Show
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Consolidated Coin Caterers Corp., 517 U.S. 308 (S. Ct., 1996), where the court explains that the ADEA "limits the protected class to those that are 40
or older".
ANALYSIS
As explained by the court in Murphy, in order for someone to prove prima facie case based on age discrimination, Ms. Houston needs to meet the
following elements:
"
he/she is a member of a protected class he/she is qualified for the position; that he/she experienced an adverse employment action; under circumstances
giving rise to an inference of discrimination"
Ms. Houston claims that she was fired because of her age. Ms. Houston is 55 years old, therefore she belongs to a protected class under the ADEA
(see O'connor). According to the facts, the whole department, were Ms. Houston worked, was fired and she had to reapply for the position, when she
reapplied, it was noted she did not have the education required for the position. The Chief Elections Advisor position required a college degree, and
completion of a six–month training course, which Ms. Houston did not have. The company decided to not accept Ms. Houston re–application and
hired Ms. McIntosh, a 60
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Tort Law For Tort Law
The duty of care is a fundamental legal principle of tort law. Tort law is central to the Canadian legal system and it provides compensation for the
grieving person who was damaged by the wrongdoing of another person. For example, if a physical education teacher allows students to play on a
construction site for physical education the teacher is negligent. The teacher owes her students a duty to take care of them and by allowing them to
play in a construction site she breaches that duty and may be found negligent and liable for damages. Further, the school board who employees the
teacher may also be liable, vicarious liability which will be explained in question Part C #7). The precedent has been set for teachers by the Supreme
Court of Canada in the case of Thornton et al v. Board of School Trustees (Prince George,1975) when it found that the teacher owes a higher level of
care than a careful parent. Similarly, in the Myers et al v. Peel County Board of Education (1981) the court found that the teacher "owes a higher
standard of care than that of a prudent parent". Further, the Alberta Court of Queen's bench found that the teacher was negligent when the teacher did
not meet the "professional" standard of care expected of a gymnastics teacher, which according to the court was the direct cause of the student's
paralysis at the school gymnasium. Only in limited circumstances must people exercise caution if the law does not recognize any obligation to exercise
caution,
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Building A Facie Case For Retaliation
Dean Washington stated her desire to withdraw her recommendation for Mr. Richardson's promotion and her desire fire him is for what she describes
as "unprofessionalism" of his involving the police in an office matter causing unnecessary disruptiveness to the work place. The Dean taking such an
action could open the university up to an additional retaliation claim. In Litigating employment discrimination cases, Andrew Friedman explains that
anti–discrimination laws also contain provisions prohibiting retaliation against engaging in a constitutionally protected activity, such as filing a
sexually harassment claim. He further explains that "to establish a prima facie case for retaliation, an employee must show 1) that she engaged in a
protected activity; 2) that an adverse employment action occurred; and 3) that a causal link existed between that protected activity and the adverse
action" (Friedman, 2012). For the causal link there has to be knowledge of the protected activity taking place at the time of the adverse action and it
has a lot to do with the amount of time between the two actions taking place (Friedman, 2012).
As involving the police its self is not a protected activity and Dean Washington could go ahead with her desired actions; but it would not be
advisable. Since Mr. Richardson only involved the police after he had exhausted all his resources at the university, he did so out of fear for his
personal welfare, it was a result of the original sexually harassment
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Ethical Analysis of Baby Theresa Essay example
Ethical Analysis of Baby Theresa
Baby Theresa is a very unique case. Theresa Ann Campo Pearson was an infant born in Florida 1992, with Anencephaly, which is where the two
most important parts of the brain are missing, the cerebrum and cerebellum, as well as the top of the skull. Without these parts of the brain she would
never have had higher brain functions or consciousness. However, there is still a brain stem connected so all the autonomic functions are still
working, such as having a heart beat and breathing. Anencephaly is known as one of the worst congenital disorders, thus these cases are usually
detected during pregnancy and aborted. If not aborted, half are stillborn or if born alive, they usually die within a few days. In ... Show more content on
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Thus, from a Kantian standpoint, it is wrong to kill Theresa and take her organs to save others because then they would be using her merely as a
means to other infants' ends. However, to play devils advocate, "using a person" typically means you are violating their autonomy– their right to live
and decide for themselves according to their own desires and values. With that being said, Baby Theresa was not autonomous because she had no
consciousness, she had no ability to ever decide what was in her best interest and desire. So, technically, the Judge of the circuit court was not
respecting the parents' dignity of wanting to donate Theresa's organs. For that reason, D.W Ross's theory should have been taken into consideration.
Indeed, I understand why the judge decided to make the ruling she did because if she did allow the physicians to take Theresa's life before natural
death took its course, it would have possibly undermined all physicians as untrustworthy, which could have ruined the patient–physician relationship.
However, even though her ruling was very understandable, an important and very valuable theory should not have been over looked with a case as
exceptional as this one, the Prima Facie Duty. W.D Ross explains when to consider this theory on page 23 that, " to provide a defensible account of
"cases of conscience," that
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Responses to the Challenge of Amoralism Essay example
Responses to the Challenge of Amoralism
ABSTRACT: To the question "Why should I be moral?" there is a simple answer (SA) that some philosophers find tempting. There is also a response,
common enough to be dubbed the standard response (SR), to the simple answer. In what follows, I show that the SA and SR are unsatisfactory; they
share a serious defect. To the question, "Why should I be moral?" there is a simple answer (SA) that some philosophers find tempting. There is also a
response, common enough to be dubbed the standard response (SR), to the simple answer. In what follows I show that SA and SR are unsatisfactory;
they share a serious defect.
I will interpret "Why should I be moral?" to mean "Why should I habitually perform ... Show more content on Helpwriting.net ...
Or perhaps it is (d) a request for a motive to be moral.
(2) If Alf's question is of type (a) or (c), it's silly. Nothing could be more obvious than that Alf has a moral reason to be moral. It's a plain fact that
being moral is the moral thing to do – it's the option justified from the moral point of view – and this is clearly a reason for Alf to be moral.
(3) If Alf's question is of type (b) or (d) it's unreasonable; hence we need not bother with it. Moral philosophy aims at rational persuasion, not at
generating motives to act. Nor does it aim to justify morality in terms of prudence, law, custom, or etiquette. Indeed, such a justification is impossible.
But we should not be disturbed about this. The moral life is not called into question by showing that it does not reduce to a concern for custom,
prudence, etc., any more than prudence is called into question by showing that it does not reduce to a concern for morality.
(4) Thus, Alf's question is silly or unreasonable. We need not bother with it.
SR can be set out as follows:
(I) Responses to "Why should I be moral?" that treat the question as illegitimate, SA being one such response, fail to envision all the things the
question might express. Very likely, Alf's question is not of kind (a), (b), (c) or (d). Instead, it's
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Workplace Harassment In The Workplace
Workplace harassment is best defined as hostile demands or intimidation that can cause employees to suddenly detach from others, decrease work
quality, and result in psychological and physical destruction (Walsh, 2013). According to the text, abolishing harassment is one of the most pressing
legal concerns challenging employers today (Walsh, 2013). Furthermore, in order for a workplace harassment to be deemed as so, both parties
involved have to be employed by the same employer (Gidro & Gidro, 2016). Needless to say, harassment is another form of inequality. In this case
scenario, the plaintiff – Varner, was a seventeen–year–old floral employee at National Super Market (Walsh, 2013). One of her co–workers was Robert
Edmiston, a fifty–one–year–old, who worked in the produce department. In the spring of 1991, Edmiston started making sexual advancements, graphic
sexual comments, and showing pornography to her (Walsh, 2013). At first, none of thesexual harassment was physical, until July or August of 1991.
Allegedly, Edmiston approached her from behind, reached his arms beneath Varner's arm, and began to squeeze her breast (Walsh, 2013). Fortunately,
she was able to free herself from him and ran. Varner did not report the incident to anyone, finished her shift, and went home. When she got home, she
called her fiancГ© – Chris Pilch, who also worked at National. Pilch immediately called Curtis Mason, the store manager, and informed him of the
incident involving
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How Whistleblowing Is A Major Issue For Private Organizations
Kyler Wilson December 6, 2016 Professional Ethics Final Paper Whistleblowing can be a major issue for private organizations who may bend or
break the rules to get an upper hand in the business world. This can be a key threat to both every day employees as well as middle and upper
management level positions. The two articles being looked at for this argument are both one that supports whistleblowing in the workplace as well
as another article that argues against whistleblowing. The article supporting whistleblowing is titled "Why are there so few whistleblowers? Blame
evolution," and is written by Paul Rauwolf and Dominic Mitchell, who have both earned their PhD's from the University of Bath. The article was
published in the Washington Post. The theory that most supports this article are the ideas of Kant. The title of the article against whistleblowing is
titled "Why Are Some Whistleblowers Vilified and Others Celebrated?" The article is written by David M. Mayer, he is a writer for the Harvard
Business Review. This article was published by the Harvard Business Review. The theory supporting this article is utilitarianism, this can be seen
through the importance of doing what is best for everyone involved, not just yourself. The third theory that can be argued is the idea of W.D. Ross and
his prima facia duties. The concept of whistleblowing can be a touchy subject in the professional world, but it can be a vital towards promoting a
healthy and stable work environment. The
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The Money Doctor
1.Is "The Money Doctors" a partnership, and if so, who are the partners?
Main Issue:
To identify if "The Money Doctors" is a partnership and if so, who are the partners of the business.
Relevant Law:
Partnership is the relation which subsists between persons carrying on a business in common with a view of profit. There are four conditions in which
all must be satisfy are the followings:
Agreement
Partnership relationship may be formed by deed, in writing, verbally and lastly by inference from the conduct of the parties. In Canny Gabriel Castle
Jackson Advertising Pty Ltd V Volume Sales (Finance) Pty Ltd [1974] HCA 22; (1974) 131 CLR 321 where the court held that a partnership existed
on four factors which were parties joined in a ... Show more content on Helpwriting.net ...
Prima facie Partnership
State of agency
Evidence found in the case that the existence of mutual rights and obligations between the partners together with the right to say in the management of
business (all three partners must agree on major decision related to the firm).
Sharing of profit and losses
Joe, Shmo and Moe contributed capital to establish the firm which signaled the intent of sharing of profits and losses.
Intention of the parties
In this case, the intention of Joe, Shmo and Moe was to start up financial advisory services in Boyup Brook.
[S 8 (1)]
The intention for acquisition of building (through capital) was for business operation and therefore it proved that partnership between Joe, Shmo and
Moe exists.
[S 8 (4)]
In this case, the $50,000 loan which Flo provides for the establishment of "The Money Doctors" were said to be repaid via profits made by the firm.
[S 8 (5)]
Flo was employed by "The Money Doctors" as an office manager on a salary of $45,000 per annum.
In accordance with the evidence stated on Partnership Act 1895 (WA) S 8 (4), (5), Flo will not be liable as a partner of "The Money Doctors".
Conclusion
In accordance with Partnership Act 1895 (WA) S 7, S 8 (1), "The Money Doctors" is a partnership and the partners are Joe, Shmo and Moe.
2.Who is liable for the contract with ECO?
Main
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Case Study On Media Prima Berhad
CHAPTER 1
INTRODUCTION
1.1INTRODUCTION
This chapter will give an overview on the impact of organizational justice on job burnout at Media Prima Bhd. This chapter consist and discussed of
eight important parts of the research and also an overview what the researcher need to focus. These part are important things in the research which are
include of background of the study, problem statement, research question, research objective, significant of the study, scope of study, limitation of the
study, definition of key terms and summary.
1.2BACKGROUND OF THE STUDY
Media Prima Berhad (Media Prima), a company listed on the Main Market of Bursa Malaysia, is Malaysia's leading fully–integrated media group. The
Group is also one of Malaysia's Top ... Show more content on Helpwriting.net ...
Adams conceptualized fairness by stating that employees determine whether they have been treated fairly at work by comparing their own payoff ratio
of outcomes (such as pay or status) to inputs (such as effort or time) to the ratio of their co–workers (Adams, 1963). Thus, in the organizational
framework, distributive justice refers to the perceived fairness of resource allocation in respect to the balance between employees' contributions and
rewards (Lee, 2001). Organizations convey a sense of concern for employee well–being and their contribution to organizational success when rewards
and resources are fairly distributed (Peele III,
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Geeta Mehrotra And Anr Vs State Of U.p
5.2.3. Geeta Mehrotra & Anr vs State of U.P. & Anr9: In the judgement given T.S. Thakur J. and Gyan Sudha Misra, J. on October 17,
2012, it was stated in the following paragraphs that: The High Court however granted interim protection to the appellants by directing the authorities
not to issue coercive process against the appellants until disposal of the application filed by the appellants with a further direction to the trial court
to dispose of the application if moved by the appellants, within a period of two months from the date of moving the application. "13. On a perusal of
the complaint and other materials on record as also analysis of the arguments advanced by the contesting parties in the light of the settled principles of
law reflected in a catena of decisions, it is apparent that the High Court has not applied its mind on the question as to whether the case was fit to be
quashed against the appellants and has merely disposed of the petition granting liberty to the appellants to move the trial court and raise contentions on
the ground as to whether it has territorial jurisdiction to continue with the trial in the light of the averment that no part of the cause of action had arisen
at Allahabad and the entire incident even as per the FIR had taken place at Faridabad. 14. The High Court further overlooked the fact that during the
pendency of this case, the complainant–respondent No.2 has obtained an ex–parte decree of divorce against her husband Shyamji
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Media Analysis Essay
Essay: MEDIA ANALYSIS IN MALAYSIA (NEWSPAPERS)
INTRODUCTION Newspapers are essential in everyone's daily life as it is the main source of news since the olden days before the television was
invented. Without the newspapers, where does the news come from? Particularly in Malaysia, there are several languages used in the country. The
main languages used however are English, Bahasa and Mandarin. Each of these different languages have specially dedicated newspapers to the
particular language. For the Malaysian English Newspaper, one of the best known newspapers is Malaysia is The Star. The Star was first published as
a regional newspaper in George Town, Penang in 1971. During that time, it is also the first kind of tabloid to be... Show more content on
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However, during the year 1984, the Minister of Home Affairs came up with the Printing and Publications Act to invalidate any publications licensees
that reckoned as threatening to the state. By the end of the year 1900s, Malaysia had fourteen newspapers, Singapore issued eight, Penang issued three,
the confederated states had two and Kelantan had one. As for the other broadsheets in Malaysia, there are the Al–Iman, Neracha (Islamic reform
journals), Utusan Melaya and Lembaga Melaya (1906–1931). The Utusan Melaya and Lembaga Melaya were edited by a man named Mohd Eunos b.
Abdullah; also known as the father of Malay Journalism.
PROGRESS TO DATE As a medium of mass communication and also as an industry, the changing relationship between newspapers and readers is
part of this upheaval. This is because newspapers are poised at the edge of a significant change in their operation and role. The first newspaper in
Malaysia was the Prince of Wales Island Gazette, published in Penang in 1805 and begun by the British. When Malayan was under the hands of the
British in 1968, the government developed restrictive policies toward the press. The reason is that they feared the spread of communism in Malayan.
Unfortunately, the spread of communism in Malayan was unstoppable. In April 1930, the Malayan Communist Party was founded in Singapore. Many
urban Chinese were arrested because they
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The Prisoner of War Ethic
Early on in the semester, I have found that Chapter 12 has been one of the more intriguing sections to read. After deciding on a topic for the paper, I
combed the book for interesting topics that could relate to the prisoner of war ethic. In many ways I started my 'journey' with Chapter 12; making it
all–the–more fitting that I end here as well.
Chapter 12 and the section on Prima Facie Duties cover a good range of personal subjects. This chapter espouses the ideal that communication is not
confined to national or even international borders. Kales Human Nature, for example, proposes the importance of the human spirit over cultural
boundaries. Though it is not easy, we must communicate with others in a way that does not reflect back on our own biases and stereotypes in other
forms of intercultural communication. And I am personally fascinated by the concept of moral exclusion. The ability to which we are able to extend
rights to other people is reflective of where they lie in our sphere of moral consideration, I believe. One of the eight stages of genocide –
dehumanization – comes to mind. As the book notes, this dehumanization is reflected in communication. Communication, such as propaganda, that
lowers the status of others exemplifies this dehumanization.
We have a tremendous capacity, to turn people into less than us, and once you do that, you can justify a hell of a lot of awfulness.– Greg Pirmann
I recall reading a book recently by Roderick Frazier Nash called The
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The Categorical Imperative And Prima Facie Duty
The categorical imperative and prima facie duties are both anti–consequentialist theories or based on duties rather than the outcomes (Simpson, 2015).
Although they are the same in some manner but there is a slight difference on both of their views on morality. Kant's moral theory is 'monism' (based
on a single, pre–eminent, all–encompassing rule or principle) while Ross is 'pluralism' in form (Simpson, 2015). Ross claims there are several
characteristics which make an act right, and they are not reducible to some one characteristic or formula. (Feldman, 1978).
The word 'duties' on prima facie duties are not the actual duties which are morally bound to be performed (Garrett, 2004). Prima facie duties relate to
actual duties as reasons do ... Show more content on Helpwriting.net ...
Similarly, any wrong act will probably have beneficial effects on some deserving people. Every act therefore, viewed in some aspects will be
prima facie right, and viewed in others, prima facie wrong, and right acts can be distinguished from wrong acts only as being those which, of all
those possible for the agent in the circumstances, have the greatest balance of prima facie rightness, in those respects which they are prima facie
right, over their prima facie wrongness, in those respects they are prima facie wrong." As noted by Munson (2014), "Ross does not tell us a rule to
determine the 'balance' of prima facie rightness over wrongness. Ultimately, according to him, we must simply rely upon our perceptions of the
situation. If we learn the facts in the case, consider the consequences of our possible actions, and reflect on our prima facie duties, we should be able
to arrive at a conclusion as to the best course of action." For example, "suppose Susan, an emergency room nurse, promised to return home on time
one day after work to take her son, Jarod, to the ball game. Meanwhile, a seven–car pile–up occurred, and she was obligated to 3 hours of overtime. In
Ross's perspective, Susan did
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Distinction Between Civil And Criminal Law
Dr. Ram Manohar Lohiya National Law University, Lucknow
2014–2015
FOUNDATION OF LAW
PROJECT ON
DISTINCTION BETWEEN CIVIL AND CRIMINAL LAW
Submitted to: Submitted by: Mr. Manwendra Kumar Tiwari Nishant Kumar Assistant Professor (Law) ROLL NO. 83 1st semester
TABLE OF CONTENT
INTRODUCTION
DEFINITION
STANDARD OF PROOF
BURDEN OF PROOF
PURPOSE AND PUNISHMENT
COURT
CONCLUSION
BIBLIOGRAPHY
INTRODUCTION
According to Salmond, "the distinction between criminal and civil wrong is based not on any difference in ... Show more content on Helpwriting.net ...
The difference between civil and criminal action is not always clear for example a driver who is drunk while driving runs a red light and hits a car.
The driver may be sued in tort for negligently damaging the car and the person inside. As well as criminally prosecuted for reckless driving. The
purpose of civil action is to compensate the person with the money for the damage to his car and for physical and emotional injuries he suffered. In
contrast, the criminal action punishes the driver for endangering society. Civil liability is based on a preponderance of the evidence, while a criminal
conviction takes away liberty and is based on the high standard of a criminal conviction takes away liberty and is based on the high standard of the
guilt Beyond a reasonable doubt.
DEFINITION
CIVIL LAW:
According to Salmond, civil law, is "the law of the state or of the land, the lawyers and the law court"
It is violation of legal or civil rights of individuals or organizations which does not affect the society in general and is redressible by monetary
compensation. In civil law case are filled by private party.
CRIMINAL LAW:
Sir William Blackstone defined crime "as an act committed or omitted in violation of public law forbidding or commanding it" . Austin later explained
public law of this definition as constitutional.
Sergeant Stephen said; "A Crime is a violation of right, considered in references to the evil tendency of such violation as regards the
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Exploring Racial Discrimination in the Case, Dunlap v....
The case, Dunlap v. Tennessee Valley Authority, explores the issue of suspected racial discrimination associated with disparate treatment and disparate
impact caused by the Tennessee Valley Authority (TVA) against a qualified, experienced boilermaker and foreman that is African American. Questions
for the court to evaluate regarding this case include: Is this a case of disparate treatment and/or impact and was the plaintiff, David Dunlap, subject to
racial discrimination? Finally, did the TVA use personal hiring practices that allowed for racial bias in the interviewing process?
What are the legal issues of this case? The Court in the 6th Circuit was to determine if the plaintiff, David Dunlap, had met the burden of proof that his
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The proof of discriminatory intent is not required and although the court concluded that TVA's processes with interviewing had been manipulated to
exclude African–American candidates in general, the court disagreed, citing the "lack of statistical proof demonstrating that a protected group was
adversely affected thus establishing a "prima facie" case" (Walsh, 2010). Dunlap did not prove, within the evidence presented, that the procedures TVA
used were practiced prior. Although the district court concluded that "TVA's interview process had been manipulated to excludeAfrican American
candidates" (Walsh, 2010), the court of appeals disagreed because it did not believe there was analytical data that blatantly prove how any protected
group was impacted adversely. The court found that Dunlap can only challenge his specific interview processes and not an entire group.
Explain why the plaintiff's disparate treatment claims succeed?
The disparate treatment doctrine requires that any plaintiff must demonstrate that an employer has treated some group of people less favorably than
others because of any protected classification to include their race, color, religion, sex, or national origin. According to Walsh, "Three provisions
required to prove disparate treatment are (1) the plaintiff must establish a prima facie case of racial discrimination; (2) the employer must articulate
some legitimate, nondiscriminatory
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David Boonin Argument Analysis
As it was presented earlier, David Boonin's interest based argument has three major elements: 1) A modified future–like–ours account of Don Marquis,
2) Relationship between desires and right to life, and 3) Organized cortical brain activity as a necessary condition for the onset of consciousness. It is
the first two elements which are of major concern here.
David Boonin modifies Marquis future–like–ours argument and converts it to a desire based account, before developing his analytical distinction of
desires that has been shown earlier. Once "values" and "desires" are used interchangeably (which itself raises concerns), the idea that the foetus values
its future or comes to value its future can be restated as that which a foetus desires, ... Show more content on Helpwriting.net ...
First, it is not the property of the valuable future that is morally significant. It is the desire for a valuable future which is morally important. Second,
there is an implicit emphasis on the present. The foetus in this new version desires in the present that its future be preserved. In the original version
the foetus will come to value its future. In fact, the focus on the present is perhaps one of the reasons Boonin has to focus on desires. What drives
Boonin to focus on the present is that the morally significant property that would confer the status of personhood on the foetus must be actually
present in the foetus for it to qualify as a person. If it is a potential property, an essential property or even a capacity for a potential property, then
Boonin will not be able to argue against those who support the foetus inviolability from the moment of conception. Boonin must show that the foetus is
not inviolable before they start to have present conscious desires. Since he is basing his argument on Marquis' future–like–ours argument, any
modification of the original argument to the present conscious desires version must be done in such a way that the same criteria applies to infants,
suicidal teenagers, temporary comatose adults as well as the foetus. In order for the argument to work on all these cases, Boonin creates the analytical
distinctions between the occurrent vs dispositional desires and actual vs ideal desires, as presented earlier, to say that it is the property of only
"present ideal dispositional conscious desires" that is a morally significant property for personhood. Once the foetus meets the conditions necessary of
conscious desires, that is from the onset of advanced organised cortical brain activity, a foetus can have present ideal dispositional conscious
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Principle Of Prima Facie
One conundrum that has always makes me question what I would do in the circumstance. If you were to own a time machine and you are thinking
about possible going back in time in and stop a major disaster from happening, like the sinking of the Titanic. More than fifteen hundred people died
in a very preventable accident (eszlinger.com). You have people trying to convince you to go back in time and stop the thinking of the Titanic and
there is a group of people trying to convince you to stand idle and not mess with history. Both sides will make compelling points and counterpoints into
the decision you should make.
A prima facie moralist would say that going back in time would be immoral. According to Ross' the main principle of prima facie would align with
saving the people on the titanic.
He called them principles of prima facie duty, and we will stick with the label in what follows. A prima facie duty is an excellent, non–absolute,
permanent reason to do (or refrain from) something–to keep one's word grateful for kindnesses, avoid hurting others, and so on. (Shafer–Landau 237)
So based off this definition we can deduce that a prima facie would want to try to keep the people alive because they deal with in non–absolutes, and
death is a pretty absolute. Ross would argue that hitting an iceberg is a random act of coincidence. There is more benefiting actions in keeping the
people on the Titanic alive rather than having them die. Ross states that there are requirements that
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Legal Research Paper
Elizabeth Gomez
Saratoga Hostel v. Avila (2009)
In 1999, Maria Avila was hired as a housekeeper by Saratoga Hostel; she was 42 years old. Her duties included: cleaning twelve rooms a day, doing
some laundry, and cleaning the hallways as well. Due to the economic crisis of 2009, Saratoga Hostel hired a new business consultant to find ways
to reduce costs and personnel. The housekeeping department let go 3 of their 10 employees. The manager then decided to train all employees to clean
14 rooms per day instead of 12. When the training was over, 3 employees could not handle the pressure of the new routine, Avila was of them. These
three employees were given another week of training. After that week, when ... Show more content on Helpwriting.net ...
Google, while they can be enough to file a claim, are not by themselves enough to prove age discrimination. Reid was fired for not being a "fit" to
Google's culture; Avila was terminated because she was not a fit to the new Saratoga Hostel's performance standard policy. Under FEHA, the
employer is required to establish that its practice is justified by business necessity. In Avila's case, Saratoga Hostel can prove that under the new
business plan, the company was forced to change their performance standard in order to stay in business.
In Earl v. Nielsen Media Research, No. 09–17477 (9th Cir. Sept. 26, 2011) Christine Earl was hired by Nielsen Media, Inc. ("Nielsen") in 1994 at age
47. She worked for 12 years as a Membership Representative, or "recruiter" until her termination. Nielsen committed three company policy violations
before being placed in Development Improvement Plan ("DIP") in February 2006. The "DIP" "stated that her failure to meet company expectations in
the future "may result in the implementation of the disciplinary process," a "PIP" "states that failure to meet expectations may result in further
disciplinary action up to and including termination." At no point during her time at Nielsen was Earl placed in a Performance Improvement Plan
("PIP".) The same year, Earl's supervisor prepared Earl's annual performance review and wrote "Overall,
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A Human Resource Manager Essay
As a human resource manager, the understanding of the Equal Employment Opportunity laws are initially overwhelming, due to the amount of
information dedicated to the subject. However, it is vitally important to comprehend and apply these laws to any organization, in order to avoid claims
or litigation. Companies need to educate management to "take reasonable care to prevent and promptly correct discrimination and establish
anti–discrimination policies" (SHRM, 2014). The EEOC is not out to get employers, but was "established to administer and enforce the Civil Rights
Act at work" (Dessler, 2015, p. 28). Successful compliance with EEOC law ultimately depends on an authentic and dedicated belief in the capabilities
and value of each individual and cultivates a diverse and sincerely non–discriminating workplace. In my view, the core of this and other civil rights law
finds its origins in the biblical worldview, that all men are created equal in the sight of God and are bestowed with unique gifts and abilities. This
paper will review three cases regarding the laws around National Origin, the Americans with Disabilities Act and Discrimination/Adverse Impact.
These laws point to the gift of God that we live in a nation dedicated to protecting what God has created.
National Origin In our companies today, we are dealing with a global and diverse environment, making it important for organizations to "have a
workforce comprised of two or more groups of employees with various
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9/11 Conspiracy Theory
9–11 Conspiracy Theory.
Introduction.
September 11th, 2001; two planes crash into each tower of the World Trade
Center, one in to the Pentagon, and one "crashes" in Pennsylvania. The government tells us that the attacks were committed by Al Qaeda, a Muslim
extremist terrorist group. That it was a "cowardly surprise attack." They do not offer any proof, except, a likely fake, video tape, of Bin Laden;
translated by government translators. A pattern?
We took the government's word for it. How ironic. The US government most likely knew that the attacks were coming, or even actually committed them
themselves.
In this paper is prima facie evidence of this. Evidence that cannot be ignored. Also included is an explanation of why the government ... Show more
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Leading the writers of this paper to believe that there were demolition explosives installed in the towers. This was likely done by the contractors that
were in the
World Trade Center on 9–11.
Figure 2.
Figure 3. (On next page)
When the tower collapses there are 2 independent clouds of smoke and debris that appear in rapid succession to each other. The photos on the right
have markings on them.
The red circle indicates the first cloud the yellow one the second cloud. This is prima facie evidence of the presence of demolition explosives. The two
clouds indicating 2 places where the explosives were installed. Consistent with an implosion.
Why?
Many people wonder "Why would the US government do such a thing?" There are several reasons, most likely a combination of them. Firstly, it
permitted the restriction of human rights. Now Americans can be arrested and held indefinitely without being charged or given access to a lawyer. The
government now has greater surveillance rights over citizens. Now the FBI can "monitor political and religious meetings inside the
United States now, even when there is no suspicion of a crime." The government can now investigate what "books Americans borrow from the library."
Also, the treatment of
POWs captured in Afghanistan and held at camp X–ray is in violation of the Geneva
Convention.
Also, the attack caused congress to declare war on "terrorism." What this accomplished was that if the government decides to attack
... Get more on HelpWriting.net ...
Case Report: Potential Workers Compensation Claim
I met with Larry on August 6 regarding his potential Workers Compensation Claim. Larry is a member of Carpenters Local 94 and has worked at
the housing authority at Parenti Villa since 1998. His indirect supervisor is Teamsters member Frank Manfredi. Larry reports that on July 16, 2015
he was locking down an elevator on the 15 floor. When he went down to the fourth (4th) floor he observed lots of smoke. He and a laborer Aduarda
Figueroa stepped off the elevator along with their supervisor Gabby and Larry was able to identify that the smoke was coming from apartment 411. He
went into the apartment and found the resident and then assisted the resident in escaping. Larry states that during the incident he felt pain in his head
and neck and a "poking"
... Get more on HelpWriting.net ...
Examples Of Swift As A Misanthrope
Swift is not a misanthrope rather he is a philanthrope. It is the fallacy of those who think Swift as a misanthrope. Swift only wants to reform mankind
out of their follies and stupidities. He says that the chief end of all his labor is:
"to vex the world rather than divert it". He declares that:
"I have ever hated all nations, professions, and communities and all his love is towards individuals."
He does not believe that:
"Man is a rational animal". Yet he believes that:
"Man is capable of becoming rational if he makes the necessary efforts."
But we see that Swift is infamous for being pessimist. He was subjected to this allegation during his lifetime because the critics, identifying Gulliver
with Swift, attributed Gulliver's blunders to Swift. That Gulliver, in the last voyage, becomes a misanthrope is undeniable and indisputable. Prima facie,
it appears that by developing a negative view of ... Show more content on Helpwriting.net ...
There are two categories of animals living there in: ugly and repulsive brutes – Yahoos:
"Yahoos who are unteachable brutes, cunning, gluttonous and disposed to great mischief".
And comparatively better and nice–looking animals – Houyhnhnms. When he enters the country he is met with Yahoos and they give him such a
horrible and loathsome treatment that he develops a disliking for them in his heart, which is later converted into hatred owing to their disgusting
physical appearance and their filthy and mischievous way of life. But his first meeting with Houyhnhnms, on the other hand, proves a nice experience.
And this:
"First impression proves the last impression"
The mistake which Gulliver committed is that, he over–idealizes them because Gulliver is a man who is fed up with Man's corruption. Therefore, he
cannot see corruption in Man. He finds Yahoos in a detestable and abhorrent condition on account of their being a slave of emotions, sensuality and
sentimentality. He
... Get more on HelpWriting.net ...

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Deprivation Account Of Death Analysis

  • 1. Deprivation Account Of Death Analysis How does the deprivation account deal with this? According to the deprivation account, death can be a misfortune for you if it deprives you of the good things you would have otherwise experienced. Similarly, death can be good for you if your life is not worth living any more. Thus, the deprivation account captures a fundamental intuition about life and death: the value of death depends on what life had in store for you had you not died at that moment. The deprivation account evaluates the badness of death quantifying the amount of welfare loss that the death inflicts on the victim. This evaluation is based on a comparison between two possible well–being levels of the person: the well–being level in the person's life until the time of death to the well–being level of the possible life he could have had. If the value of the comparison is negative, this is, if death makes the well–being level lower that it would have been otherwise, death is a misfortune for the person. ... Show more content on Helpwriting.net ... But, how do we do this comparison when one of the terms of the comparison does not exist? How can we compare both situations? Philosophers talk sometimes in terms of counterfactuals, or possible worlds (cit needed). It is possible to imagine a world equal to ours in every respect apart from Carol's death. In one world Carol dies tomorrow, in the other relevant (for our purposes) possible world Carol dies a month from today, whilst all the rest of the characteristics of the world remain constant (we refer to his as the closest possible world). The difference in value between the two worlds is the value of Carol's ... Get more on HelpWriting.net ...
  • 2. The Burden Of Proof Is The Duty Of A Party Introduction The burden of proof is the duty of a party in a trial to produce the evidence that will shift the conclusion away from the default position, to that party 's own position. In a legal dispute, one party is initially presumed to be correct and gets the benefit of the doubt, while the other side bears the burden of proof. When a party bearing the burden of proof meets their burden, the burden of proof switches to the other side. Burdens may be of different kinds for each party, in different phases of litigation. (Wikipedia, 2017) For all cases, it is the responsibility of the prosecution to prove beyond reasonable doubt that the defendant is guilty and vice versa for the defense. To start, the prosecution gave their argument:... Show more content on Helpwriting.net ... The applicable code of the prosecution was to prove beyond reasonable doubt rather than just speculation on the case and learning about what the actual presented evidence consists of. The reason the O.J. Simpson's case is pivotal in the crimes in the United States of America is the necessity of the prosecution to prove a case beyond reasonable doubt; the standard that no other logical explanation can be derived from the facts except that the defendant committed the crime, thereby overcoming the presumption that a person is innocent until proven guilty (Beyond a Reasonable Doubt, 2008). Despite being a first–degree murder case and a prima facie case, OJ Simpson's was acquitted. The case came with a high public awareness concerning the prevalence of domestic violence and difference. Also in the case of Casey; there was an expectation of conviction due to the first evidence was given by the prosecution. Opening Statements The defense attorney was more convincing as compared to the prosecution. The attorney directs the jury to seek what transpired and not to base their position on investigation directed to one person only. He points out that the defense had a desperate investigation full of speculation and guessing. It came down to a belief the state did not prove its case because it could not prove how Caylee died. Human decomposition made it impossible to prove the mode of Caylee 's death with ... Get more on HelpWriting.net ...
  • 3. Compare and Contrast Utilitarianism and Deontology Compare and contrast utilitarianism and deontology. Utilitarianism is the principle that the correct form of action be taken to benefit the greatest number of people. Deontology is defined as the area of ethics involving the responsibility, moral duty and commitment. Both utilitarianism and deontology deal with the ethics and consequences of one's actions and behavior despite the outcome. To contrast utilitarianism and deontology, utilitarianism summarized is making the right decision followed by the right actions that has the best outcome for the largest number of individuals. Deontology is the understanding and practice that there is a respect for life, fairness, and honesty despite the consequences and no matter the affect on... Show more content on Helpwriting.net ... Being a member of a protected group was established by Title VII by the Supreme Court including the protection for both male and females. All individuals regardless of gender are protected by Title VII. An individual must prove that they did not welcome the behavior or gestures which were displayed in a sexual nature. The plaintiff would need to prove that any harassment they endured was initiated because of the individuals gender whether it be male or female. An individual does not have to endure situations which cause their work environment to become hostile because of sufficiently severe or pervasive behavior by another individual. Explain who might be hurt by English only rules and who might benefit. All individuals that are from other culture and proficient and predominately speak a language other than English would be hurt by English only rules. English only speaking rules create barriers in the workplace and can also encourage a hostile working environment. These policies also encourage a working environment of lowliness, segregation, and fear. English only rules prohibit employees whose primary language is anything other than ... Get more on HelpWriting.net ...
  • 4. Dunlap V. Tennessee Valley Authority Essay Dunlap v. Tennessee Valley Authority Joyce Harrison Business Employment Law May 11, 2011 1. What were the legal issues in this case? The U.S. Court of Appeals for the Sixth Circuit was to determine if the plaintiff, David Dunlap Dunlap, had met the burden of proof that the Tennessee Valley Authority (TVA) was liable under Title VII of the Civil Rights Act of 1964 by intentionally discriminating against him under both disparate impact and disparate treatment analyses and whether the TVAappeal to the District Court erred in each of these analyses could be legally supported to reverse their decision FindLaw, 2011). David Dunlap brought suit under Title VII, alleging racial discrimination by the TVA.... Show more content on Helpwriting.net ... 3. Explain why the plaintiff's disparate treatment claim succeeded. The disparate treatment doctrine requires a plaintiff to demonstrate that an employer has treated some people less favorably than others because of their race, color, religion, sex, or national origin. Three provisions required to prove disparate treatment are (1) the plaintiff must establish a prima facie case of racial discrimination; (2) the employer must articulate some legitimate, nondiscriminatory reason for its actions, and (3) the plaintiff must prove that the stated reason was in fact pretextual. Proof of discriminatory motive is critical and may be inferred from the mere fact of differences in treatment. Proof may also be inferred from the falsity of the employer's explanation for the treatment, (Walsh, 2010). Mr. Dunlap successfully established a prima facie case of disparate treatment by meeting the above 3 provisions; (1) he was African–American; (2) he was qualified for the position sought; and (3) white applicants with less experience were hired for 9 of the 10 open jobs. TVA attempted to rebut his claim by offering the selection matrix used during his interview as evidence to prove that he didn't rank as one of the top 10 applicants due to his interview scores. However, Mr. Dunlap was able to refute TVA's claim by demonstrating that his matrix score was manipulated to keep him out of top 10, thus proving it was merely a ... Get more on HelpWriting.net ...
  • 5. Ethical Issues In A Hospital For this assignment, I spent time volunteering at Mercy Downtown, helping at the main information desk. While I was there, I assisted visitors in finding patients by looking up their room number, directed patients and visitors to the correct area of the hospital, and delivered flowers to rooms that had been dropped off. A paid employee also accompanied me while there, as volunteers are not allowed to actually look up patient information via the online portal, but I could call a different help desks within the hospital to ask other paid employees to look patients up for me if needed. The experience made me realize that there are so many little unthought of components to making a hospital as big as Mercy be efficient for everyone. The information... Show more content on Helpwriting.net ... I have learned that no matter how many times people tell me not to judge a person by their appearance, I have grown up in a world where we still do it daily regardless of how hard we try not to. I go back and forth thinking about whether it's right or wrong to so openly give out patient room numbers but in the end, I think it's really only fair to do so. I think there could be changes, if possible phone up to a room and ask the patient if they know so and so, and if they want them to come to their room. Another option might be calling the nurses station or something on the floor, but I can only imagine how crazy that would drive employees who are trying to do their jobs. I can guess that most health care related organizations come across many situations and circumstances that could sway between ethical and unethical, and the decision about what to do is probably very difficult. It has been made very clear to me now, as to why hospitals have boards of directors with members from different backgrounds, so that there is really someone pulling from every angle to try and think about all the options to help make a sound ... Get more on HelpWriting.net ...
  • 6. Wgu Jdt Task 1 Memorandum To:CEO From:Insert Name Date:Re:Constructive Discharge Claim I was notified by the corporate attorney about a former employee filing a claim for Constructive Discharge under Title VII of the Civil Rights Act of 1964. Upon notification I did the following research into the position we as a company need to take. How is constructive discharge relevant as a legal concept to the current scenario? At the beginning of this year the company implemented a new work shift policy to keep up with the growth of the organization. The policy requires that employee's in the production group work 12 hour shifts with 4 days on then 4 days off in a rotating manner. This means that at times some employee's will be working on a... Show more content on Helpwriting.net ... The former employee also bears the burden of proving his prima facie case. In Lawson v State of Washington (2002), Washington State won over Lawson on a claim of constructive discharge on religious discrimination. Lawson showed that he had a genuine religious belief that conflicted with his duties and that he had informed his employer about his beliefs. The 3rd prima facie of proving discharge for failing to comply with the requirements that caused the conflict was not accepted by the court because Lawson quit of his own volition. In the company's case proving this will result in the same ruling as the former employee quit on his own and there was no threat of discharge or discipline on part of the company. The schedule change was for all employees and not just the former employee. And the company was never informed by the former employee of the religious belief that is genuine and sincere that was in conflict with the new duties. This shows that the former employee cannot prove the 2nd prima facie either. The former employee may be able to prove the 1st prima facie but that will be the only one. The company can show to the courts that the accommodation of such a religious practice would result in undue hardship for the company. The shift change is being made due to the growth of the company. Not doing this will result in significant financial losses due to lost opportunities. In EEOC ... Get more on HelpWriting.net ...
  • 7. Frank V Xerox Case Study Frank v. Xerox Corporation The Frank v. Xerox case involves events that date back to the early 1980s. Xerox is a large corporation that produces commercial multifunction printers and printing supplies. This court case is a combination of incidents that Xerox employees sued Xerox about. The reasons for suing range from discrimination because of race or gender, and hostile work environments. It is important that when employees start to feel mistreated or notice something has changed, they take the correct actions to resolve their dispute. The plaintiffs would make a case of discrimination by stating how they have felt discriminated against. There are different classifications of discrimination. Some discrimination may not be ... Show more content on Helpwriting.net ... This can be proven by using the four–fifths rule. You take the percentage of minorities that you hired and divide it by how many minorities applied. You do the same with the amount of white people hired and how my white people applied. When you get the percentages, you divide the selection rate for whites by the selection rate for minorities. A plaintiff can experience both disparate treatment and impact if the discrimination starts out as unintentional. To defend their actions, Xerox will need to prove that they made their employment decisions based on ability, not gender or race. They could prove the case wrong if they provide information that supports their decision to hire someone else or not hire anyone at all. Their evidence must include evidence that the reason someone was not chosen for a position was job related. At first, the court sided with Xerox but later in the case, they discovered that some of the evidence used was not proven or was incorrect. In conclusion, the summary judgement was reevaluated. Xerox could have tried to reach the same goals in a less discriminatory manner if the goals they were reaching for were job related. Gender, race, or disability are not job related and cannot be used to for employment matters. There are certain reasons discrimination can be acceptable during an application process. For example, a warehouse job requires the ability to lift 100 pounds, it is not discrimination. The example is ... Get more on HelpWriting.net ...
  • 8. Snow White Case Study This writer analyzes a case that pertains to a patient by the name of Snow White. Snow White's case delineates and highlights the intricate factors that can play a role in the decision that involves long–term disability leave. Snow White's case involves psychotherapy notes, a car accident that left Snow White with a possible temporary or long term disability. The car accident left Snow White with the inability to work and seeking to request disability. However, the direction the case took was life changing as Snow White was denied disability. The reasoning behind the decision involves the disclosure psychotherapy notes, which were not accurate according to Snow White. This writer analyzes how this case could have been examined differently... Show more content on Helpwriting.net ... Afterwards, Snow White was involved in a car accident, in which she was rear–ended and resulted in a condition referred to as connective–tissue disorder. Subsequently, this injury left Snow White unable to work due to a worsening back pain. She then applied for long–term disability leave. In the process her employer's carrier, Walt Disney Corp. requested for Snow White to sign a broad release covering her medical records. Three months after, Snow White found that that she was denied long–term disability coverage on the basis of the psychologist's notes. Apparently, the psychologist's notes stated that Snow White was seeking employment elsewhere and that she was working on a case. However, the psychologist's notes are what cost Snow White her request for long–term disability coverage. Now, Snow White is pondering whether if she has a cause of action case? When it comes to filing a litigation based on cause of action, the person filing must establish prima facie (Bennett–Alexander & Hartman, 2015). Essentially, prima facie is gathering evidence that fits a cause of action (Bennett–Alexander & Hartman, 2015). To start Snow White couldappeal the decision made by the employer's carrier or perhaps seek mediation. Snow White can seek a cause of action against the psychologist based on defamation. The defamation, is where Snow White would have to prove that the psychologist's notes tarnished her image, and subsequently cost her long–term disability, her ... Get more on HelpWriting.net ...
  • 9. Retaliation And The Title Vii Of The Civil Rights Act Of 1964 Retaliation and the Title VII of the Civil Rights Act of 1964 John R. Collins Embry–Riddle Aeronautical University MGMT 533 Social Responsibility, Ethics and Law Daniel A. Papajcik March 6, 2016 Introduction Charges of workplace discrimination is said to be at an all time high. During the 2015 fiscal year the U.S. Equal Employment Opportunity released information that claims there were more than 89,000 charges filed for workplace discrimination. One of the top ten charges is said to be retaliation, which had an estimate 39,757 cases in 2015, which is 44.5 percent of all charges filed. Retaliation is said to be in violation of the Title VII of the Civil Rights Act of 1964, For the purpose of this research paper I will provide the understanding of both Acts, while also taking a case that deals with to provide the basis of the case, the findings, and the outcome of the charges. Title VII of the Civil Act of 1964 The Title VII of the Civil Rights Act of 1964 can be found in theUnited States Code (Pub. L. 88–352) Volume 42.The basis of the act Title VII is to prevent employment discrimination against race, color, religion, sex and national origin. Title VII prohibits an employer from both (i) discriminating against an employee on the basis of sex, and (ii) retaliating against an employee for complaining about prior discrimination or retaliation. According to the U.S. Equal Employment Opportunity Commission, the purpose of the act is to enforce the ... Get more on HelpWriting.net ...
  • 10. O Connor V. Consolidated Coin Caterers Corp. The Supreme Court clarified in O'Connor v. Consolidated Coin Caterers Corp. the fourth prong of the McDonnell Douglas analysis by stating that an inference of age discrimination cannot be drawn when one employee is replaced with an insignificantly younger employee. 517 U.S. 308, 313 (1996). However, an inference can be drawn when one employee is replaced with a "substantially younger" employee. Id. See Richter v. Hook–SupeRx, Inc., 142 F.3d 1024, 1028 (7th Cir. 1996) ("[T]o satisfy the fourth prong under McDonnell Douglas, aplaintiff must demonstrate that he was replaced by a younger person, as long as the replacement is not 'insignificantly younger.'"). In his Complaint, Dobosz identifies only one potential comparator when he alleges that ... Show more content on Helpwriting.net ... The only assertion offered by Dobosz to maintain his claim is his incorrect allegation that he was terminated and replaced by a younger employee whom he trained. (Compl. В¶ 15). Because Dobosz based his claim on speculation and failed to produce any evidence to establish a prima facie case and that his age was the but–for cause of Quaker Chemical's termination decision, no issues of material fact exist and Quaker Chemical is entitled to judgment as a matter of law with regard to Dobosz's age discrimination claim. Carman, 762 F.3d at 566.C. Age Discrimination under В§ 1983 The Plaintiff initiated this suit on a В§ 1983 complaint form provided by the Clerk of Court. Section 1983 provides, in pertinent part: Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress . . . . 42 U.S.C. В§ ... Get more on HelpWriting.net ...
  • 11. The Civil Right Act Of 1964 1.What were the legal issues in this case? Dunlop sued Tennessee Valley Authority (TVA) under the Title VII of the Civil Right Act of 1964, and both under the Disparate Treatment and Disparate Impact. Dunlap feels that he has been discriminated during the interview process. The district court concluded that TVAs subjective hiring process permitted racial bias against the plaintiff and other black job applicants. Tennessee Valley Authorities was found guilty ofdiscrimination against the plaintiff. The Title Vii of the Civil Right Act of 1964 enforces the constitutional right to vote, to confer jurisdiction upon the district courts of the United States to provide injective relief against discrimination in public accommodations to authorized the attorney general to institute suits to protect constitutional rights in public facilities and public education, to extent he Commission on Civil Rights to prevent discrimination in federal assisted programs, to established a Commission on Equal Employment, and for other purposes .Under this law, sec 2000e [Section 701e], the plaintiff is being protected against discrimination act. A labor organization should deemed to be engages in an industry affect commerce.it maintains or operates a hiring hall or office which procures employees opportunities to work for an employee (https://www.eeoc.gov/law/status.titlevii.cfm). Dunlop feels that the interview has been manipulated to select lower qualified candidates with favoritism toward family ... Get more on HelpWriting.net ...
  • 12. Zimpfer vs. Palm Beach County Case Essay Individual Assignment #1: "Zimpfer vs. Palm Beach County". By MGMT 6374 HUMAN RESOURCES MANAGEMENT November 2, 2011 TABLE OF CONTENTS Page INTRODUCTION1 Critical Issues1 ADEA Requirements and Prima Facie Evidence ADEA Requirements for Conclusive Evidence and Relevant Court Cases Critical Evaluation of the I/O Psychologist Report2 Potential Additional Evidence Needed for Zimpfer3 Potential Rebuttal Evidence Needed for the County3 Conclusions 4 Recommendations to the County Future Preventive Actions Needed Introduction The "Zimpfer vs. Palm Beach County" case is about a lawsuit filed by Mr. Bryce Zimpfer... Show more content on Helpwriting.net ... Zimpfer. Mr. Zimpfer would not have any problem providing the evidence needed to satisfy requirements 1, 3, and 4. Requirement 2 on the other hand might be a little tricky to prove. ADEA Requirements for Conclusive Evidence and Relevant Court Cases Though Mr. Zimpfer's attorney was able to get a report from an I/O psychologist, Dr. Josephs, which verifies his ability to perform the duties described in the ad for the managerial position, the county could also get its own expert to rebut this psychologist's findings in the report. If Dr. Josephs is able to convince this jury then there is sufficient evidence to conclusively prove that Mr. Zimpfer was a victim of discrimination, since her report shows that he is clearly more qualified for the position than Mr. Merriman is. Critical Evaluation of the I/O Psychologist Report Though Dr. Josephs' report looks comprehensive, it could be considered to be lacking all the information needed to conclude who the best candidate for the position is. To come up with scores, Dr. Josephs did not take into consideration the conversations the interviewer had with each candidate. Though Mr. Zimpher's resume may have showed that he possessed all the skill she gave him credit for, those written words don't necessarily translate to actions. It could be that he was not able to convince the interview panel that he actually possessed those skills. Mr. ... Get more on HelpWriting.net ...
  • 13. How Do Counselors Use Persuasion To Force? Persuasion to Force is tactical strategies performed in high risk and urgency for the client when the advocate has high leverage (Huber, Nelson, Netting, & Borders, 2008, p. 142). When using such tactics counselors or representatives is divulging great apprehensions for their client needs. Meaning, counselors are willing to do whatever is needed for the best interest for their client according to the law. Oftentimes, persuasion tactics may use argumentation and negotiation to get across their point. On the other hand, force may involve strong arming through the means of warning and threats (Huber, Nelson, Netting, & Borders, 2008, p. 142). When using Persuasion to Force strategies counselors must rely on their knowledge and skills to help ... Show more content on Helpwriting.net ... Prima facie is define as valid at first glance (Huber, Nelson, Netting, & Borders, 2008, p. 143). When presenting the opponent or sometimes the client the pros and cons of the situation he or she can accept the outcome or present a counter offer, solution, or argument to the situation. Although, the counter offer or argument may seems somewhat seasonable, it is plausible to do what is best for the client. Oftentimes, this process may go on for some time before a reasonable decision is made. Any person using this tactic must be firm on their beliefs, skills, and evidence and not overly empathized with the opponent nor client (if it is not in the client's best interest). When understanding Argumentation it is essential to view each components of this strategy: Requests/ Pleas for help–tactics and strategies that would not normally win cases, but it will help in the long run as a way for convincing the decision maker based on sympathy. Moreover, this technique allow the opponent to visualize your reality through your moral plea and emotional appeal. Example: I know I owe the debt, but I lost my job, two week ago; my house caught fire, and now I am living in a shelter with my wife and kids. I do not have the money to pay right now. Please consider my hardship and give me some time to get on my feet. Calm Directness–is important to be directness. In face of adversity always remain calm and professional with the intensity of ... Get more on HelpWriting.net ...
  • 14. Old Vs. Forever Ac Young vs. Forever AC Forever AC is jewelry where the company designs and sells rings, earrings, bracelets, and necklaces. The company is not a store where customers can walk in and out looking at displays items. Customers can look through the Internet for the items and customers can make an appointment to talk to the company in person. Forever AC is different from most of the other jewelry stores because the company does not want random customers. The company wants customers that are ready and sincerely want to buy the item. The company cans custom made any design the customer 's wish. Since most of the customers that go to Forever AC like to customize their jewelry, the company gets really busy all the time. There are approximately 200 employees in the company. Allison Young is currently 55 years old. Her position is design engineering and she has been with the company for 10 years. Recently, her manger has asked her several times about retirement plans and during the same time the company needs to hire design–engineering director due to the old employee past away from a heart attack. Young applied for the position and have two interviews. However, at the end Forever AC decided to hire a 45 years old male from outside the company for the design–engineering director position. According to records, he was also a lead engineer at his previous company. He led approximately five employees under ... Get more on HelpWriting.net ...
  • 15. Case Analysis : V. J. Foster Phillips Funeral Home, Inc.... Greer Lukens Case Brief #1 BUS251 SC01 12:15 – 13:30 S. Conroy 10 April, 2015 Mobley v. J. Foster Phillips Funeral Home, Inc. 2015 NY slip Op 50436(U) History: Plaintiff's and Defendant's were involved in an automobile accident that occurred on 3 November, 2010. Whereby, thePlaintiff's are suing for personal injury as a result of injuries sustained or allegedly sustained during subject accident. The NY Supreme Court, Queens County decided the case and no lower courts authored any opinion. FACTS: 1.Plaintiff's, J. Mobley, A. Watson, Michelle Watson, A. Watson jr, O. Watson, by their mother and natural guardian, Michelle Watson. 2.J. Foster Phillips Funeral Home, Inc., J. Leary, R. Record, M. Grenald, Defendants 3.Plaintiffs and Defendant's do not dispute involvement in an automobile accident that occurred on November 3, 2010. 4.Damages sought for personal injury as a result of automobile accident for all Plaintiffs 5.Motion filed by Defendants J. Foster Phillips Funeral Home, Inc., and J. Leary to dismiss complaint of Plaintiff's. 6.Cross Motion filed by Defendants R. Record and M. Grenald to dismiss complaint of Plaintiff's. 7.Cross Motion filed by Plaintiffs for an order to strike Defendants' answer for failure to exchange IME's report within (30) days ISSUE: 1.Did the Plaintiff's sustain "serious injury" to maintain an action of personal injury? 2.Did the Defendants provide evidentiary proof in admissible form to shift the burden of
  • 16. ... Get more on HelpWriting.net ...
  • 17. William David Ross 's Theory Of Right Conduct William David Ross's theory of right conduct is an alternative to utilitarianism and deontological theories. Instead of focusing on the happiness and pleasure created from actions or the duty to perform a certain kind of action, Ross offers claims that prima facie duties should be the basis of moral decision–making. In this paper, I will explain the general concept of a prima facie duty and present Ross's seven prima facie duties and how one makes moral judgments when they conflict. According to William David Ross, there are distinct "prima facie" duties that people can make reference to for guidance when trying to resolve moral dilemmas in life to decide the best solution that would lead to the best outcome. They are duties that one must act upon unless the duties conflict with other duties of equal or stronger obligation (W.D Ross). His theory is not subjective, but Ross believed there was an objective fact of the matter to help you decide what to do. Certain circumstances or features of the conflict determine what one must do after all things are considered. If the action has some morally relevant feature that favors performing the action and if that feature is the only morally relevant feature in one 's situation, then it would be the individuals all things considered duty. Moral Judgment is the only method one has because no super–principle will be there to help justify moral situations and no central intrinsic good stating the plurality of the essential primary ... Get more on HelpWriting.net ...
  • 18. My Journey From Non-Belief To Trenchant Atheism Began With My journey from non–belief to trenchant atheism began with The Bible. My story stands in contrast to Michael Collett's touching story of sincere faith lost. Bit I take particular issue with Michael Jensen's seemingly polite reply to Collett's article. "I hope I've put Collet's case...in such a way as he would recognise it", he simpers, before paraphrasing Collett's denial of God's existence in a way which amounts to a "tacit acknowledgement that God exists". Since I did not grow up in a Christian household, attend church, or even have to endure Bible lessons at school, when I first actually read the contents of the Bible in my teens they came as a considerable surprise. Opening the book at 900 year old patriarchs ...Skipping to the ... Show more content on Helpwriting.net ... Even after Lincoln invented the lightning rod it took nearly a half century for the western world to shed this belief, and use the lighting rod. Century after century of Christendom saw superstition supplanted by science. The Earth isn't flat, nor does the sun revolve around it. Our intuitions about the world have mostly been wrong: one by one collapsing under the weight of scientific discovery. Michael Collett 's faith collapsed due to the lack of evidence. Jensen agrees that "if the evidence is not good, then don't believe it". "Suppose there is a God...", implores Jensen. Suppose there is a Creator. Suppose God as more than a force, as a personal, relational God who loves humans. "It's not an outlandish idea, even if you yourself don't believe it." No, taken in such vague, subjective terms, I suppose it is not outlandish. But believing in some sort of creator, or personal God, is not equivalent in believing in fully fledged Christianity. For instance, the Nicene Creed, or profession of the faith, involves adherence to the virgin birth, the divinity of Jesus, the resurrection/salvation narrative, the holy spirit, and the existence of heaven and hell. My departed father clearly failed to instil in me the idea that we should go around supposing things. Hailing from the poor Ibrox–tenements of Glasgow, he was a sapper in the British army on D–day 14, and a UN peacekeeper who helped clean up after the King David Hotel ... Get more on HelpWriting.net ...
  • 19. Employment Law- Assignment 4 Essay FACTS Fifty–five–year–old Sabrina Houston had been working as the Chief Elections Advisor in her county for the last 5 years. She began working at the Elections center as a receptionist after high school, and worked her way up to the top. The Chief Elections Advisor position requires a college degree, and completion of a six–month training course, but this was overlooked as MS. Houston made her way to the top. The Regional Elections Advisor was fired due to the fact the he was not supervising the Elections Advisors on the county level properly. As a result, all of the Chief Elections Advisors throughout the various counties in the state were fired, and they had to reapply for their positions. When Ms. Houston reapplied for her job, she ... Show more content on Helpwriting.net ... Consolidated Coin Caterers Corp., 517 U.S. 308 (S. Ct., 1996), where the court explains that the ADEA "limits the protected class to those that are 40 or older". ANALYSIS As explained by the court in Murphy, in order for someone to prove prima facie case based on age discrimination, Ms. Houston needs to meet the following elements: " he/she is a member of a protected class he/she is qualified for the position; that he/she experienced an adverse employment action; under circumstances giving rise to an inference of discrimination" Ms. Houston claims that she was fired because of her age. Ms. Houston is 55 years old, therefore she belongs to a protected class under the ADEA (see O'connor). According to the facts, the whole department, were Ms. Houston worked, was fired and she had to reapply for the position, when she reapplied, it was noted she did not have the education required for the position. The Chief Elections Advisor position required a college degree, and completion of a six–month training course, which Ms. Houston did not have. The company decided to not accept Ms. Houston re–application and hired Ms. McIntosh, a 60 ... Get more on HelpWriting.net ...
  • 20. Tort Law For Tort Law The duty of care is a fundamental legal principle of tort law. Tort law is central to the Canadian legal system and it provides compensation for the grieving person who was damaged by the wrongdoing of another person. For example, if a physical education teacher allows students to play on a construction site for physical education the teacher is negligent. The teacher owes her students a duty to take care of them and by allowing them to play in a construction site she breaches that duty and may be found negligent and liable for damages. Further, the school board who employees the teacher may also be liable, vicarious liability which will be explained in question Part C #7). The precedent has been set for teachers by the Supreme Court of Canada in the case of Thornton et al v. Board of School Trustees (Prince George,1975) when it found that the teacher owes a higher level of care than a careful parent. Similarly, in the Myers et al v. Peel County Board of Education (1981) the court found that the teacher "owes a higher standard of care than that of a prudent parent". Further, the Alberta Court of Queen's bench found that the teacher was negligent when the teacher did not meet the "professional" standard of care expected of a gymnastics teacher, which according to the court was the direct cause of the student's paralysis at the school gymnasium. Only in limited circumstances must people exercise caution if the law does not recognize any obligation to exercise caution, ... Get more on HelpWriting.net ...
  • 21. Building A Facie Case For Retaliation Dean Washington stated her desire to withdraw her recommendation for Mr. Richardson's promotion and her desire fire him is for what she describes as "unprofessionalism" of his involving the police in an office matter causing unnecessary disruptiveness to the work place. The Dean taking such an action could open the university up to an additional retaliation claim. In Litigating employment discrimination cases, Andrew Friedman explains that anti–discrimination laws also contain provisions prohibiting retaliation against engaging in a constitutionally protected activity, such as filing a sexually harassment claim. He further explains that "to establish a prima facie case for retaliation, an employee must show 1) that she engaged in a protected activity; 2) that an adverse employment action occurred; and 3) that a causal link existed between that protected activity and the adverse action" (Friedman, 2012). For the causal link there has to be knowledge of the protected activity taking place at the time of the adverse action and it has a lot to do with the amount of time between the two actions taking place (Friedman, 2012). As involving the police its self is not a protected activity and Dean Washington could go ahead with her desired actions; but it would not be advisable. Since Mr. Richardson only involved the police after he had exhausted all his resources at the university, he did so out of fear for his personal welfare, it was a result of the original sexually harassment ... Get more on HelpWriting.net ...
  • 22. Ethical Analysis of Baby Theresa Essay example Ethical Analysis of Baby Theresa Baby Theresa is a very unique case. Theresa Ann Campo Pearson was an infant born in Florida 1992, with Anencephaly, which is where the two most important parts of the brain are missing, the cerebrum and cerebellum, as well as the top of the skull. Without these parts of the brain she would never have had higher brain functions or consciousness. However, there is still a brain stem connected so all the autonomic functions are still working, such as having a heart beat and breathing. Anencephaly is known as one of the worst congenital disorders, thus these cases are usually detected during pregnancy and aborted. If not aborted, half are stillborn or if born alive, they usually die within a few days. In ... Show more content on Helpwriting.net ... Thus, from a Kantian standpoint, it is wrong to kill Theresa and take her organs to save others because then they would be using her merely as a means to other infants' ends. However, to play devils advocate, "using a person" typically means you are violating their autonomy– their right to live and decide for themselves according to their own desires and values. With that being said, Baby Theresa was not autonomous because she had no consciousness, she had no ability to ever decide what was in her best interest and desire. So, technically, the Judge of the circuit court was not respecting the parents' dignity of wanting to donate Theresa's organs. For that reason, D.W Ross's theory should have been taken into consideration. Indeed, I understand why the judge decided to make the ruling she did because if she did allow the physicians to take Theresa's life before natural death took its course, it would have possibly undermined all physicians as untrustworthy, which could have ruined the patient–physician relationship. However, even though her ruling was very understandable, an important and very valuable theory should not have been over looked with a case as exceptional as this one, the Prima Facie Duty. W.D Ross explains when to consider this theory on page 23 that, " to provide a defensible account of "cases of conscience," that ... Get more on HelpWriting.net ...
  • 23. Responses to the Challenge of Amoralism Essay example Responses to the Challenge of Amoralism ABSTRACT: To the question "Why should I be moral?" there is a simple answer (SA) that some philosophers find tempting. There is also a response, common enough to be dubbed the standard response (SR), to the simple answer. In what follows, I show that the SA and SR are unsatisfactory; they share a serious defect. To the question, "Why should I be moral?" there is a simple answer (SA) that some philosophers find tempting. There is also a response, common enough to be dubbed the standard response (SR), to the simple answer. In what follows I show that SA and SR are unsatisfactory; they share a serious defect. I will interpret "Why should I be moral?" to mean "Why should I habitually perform ... Show more content on Helpwriting.net ... Or perhaps it is (d) a request for a motive to be moral. (2) If Alf's question is of type (a) or (c), it's silly. Nothing could be more obvious than that Alf has a moral reason to be moral. It's a plain fact that being moral is the moral thing to do – it's the option justified from the moral point of view – and this is clearly a reason for Alf to be moral. (3) If Alf's question is of type (b) or (d) it's unreasonable; hence we need not bother with it. Moral philosophy aims at rational persuasion, not at generating motives to act. Nor does it aim to justify morality in terms of prudence, law, custom, or etiquette. Indeed, such a justification is impossible. But we should not be disturbed about this. The moral life is not called into question by showing that it does not reduce to a concern for custom, prudence, etc., any more than prudence is called into question by showing that it does not reduce to a concern for morality. (4) Thus, Alf's question is silly or unreasonable. We need not bother with it. SR can be set out as follows: (I) Responses to "Why should I be moral?" that treat the question as illegitimate, SA being one such response, fail to envision all the things the question might express. Very likely, Alf's question is not of kind (a), (b), (c) or (d). Instead, it's
  • 24. ... Get more on HelpWriting.net ...
  • 25. Workplace Harassment In The Workplace Workplace harassment is best defined as hostile demands or intimidation that can cause employees to suddenly detach from others, decrease work quality, and result in psychological and physical destruction (Walsh, 2013). According to the text, abolishing harassment is one of the most pressing legal concerns challenging employers today (Walsh, 2013). Furthermore, in order for a workplace harassment to be deemed as so, both parties involved have to be employed by the same employer (Gidro & Gidro, 2016). Needless to say, harassment is another form of inequality. In this case scenario, the plaintiff – Varner, was a seventeen–year–old floral employee at National Super Market (Walsh, 2013). One of her co–workers was Robert Edmiston, a fifty–one–year–old, who worked in the produce department. In the spring of 1991, Edmiston started making sexual advancements, graphic sexual comments, and showing pornography to her (Walsh, 2013). At first, none of thesexual harassment was physical, until July or August of 1991. Allegedly, Edmiston approached her from behind, reached his arms beneath Varner's arm, and began to squeeze her breast (Walsh, 2013). Fortunately, she was able to free herself from him and ran. Varner did not report the incident to anyone, finished her shift, and went home. When she got home, she called her fiancГ© – Chris Pilch, who also worked at National. Pilch immediately called Curtis Mason, the store manager, and informed him of the incident involving ... Get more on HelpWriting.net ...
  • 26. How Whistleblowing Is A Major Issue For Private Organizations Kyler Wilson December 6, 2016 Professional Ethics Final Paper Whistleblowing can be a major issue for private organizations who may bend or break the rules to get an upper hand in the business world. This can be a key threat to both every day employees as well as middle and upper management level positions. The two articles being looked at for this argument are both one that supports whistleblowing in the workplace as well as another article that argues against whistleblowing. The article supporting whistleblowing is titled "Why are there so few whistleblowers? Blame evolution," and is written by Paul Rauwolf and Dominic Mitchell, who have both earned their PhD's from the University of Bath. The article was published in the Washington Post. The theory that most supports this article are the ideas of Kant. The title of the article against whistleblowing is titled "Why Are Some Whistleblowers Vilified and Others Celebrated?" The article is written by David M. Mayer, he is a writer for the Harvard Business Review. This article was published by the Harvard Business Review. The theory supporting this article is utilitarianism, this can be seen through the importance of doing what is best for everyone involved, not just yourself. The third theory that can be argued is the idea of W.D. Ross and his prima facia duties. The concept of whistleblowing can be a touchy subject in the professional world, but it can be a vital towards promoting a healthy and stable work environment. The ... Get more on HelpWriting.net ...
  • 27. The Money Doctor 1.Is "The Money Doctors" a partnership, and if so, who are the partners? Main Issue: To identify if "The Money Doctors" is a partnership and if so, who are the partners of the business. Relevant Law: Partnership is the relation which subsists between persons carrying on a business in common with a view of profit. There are four conditions in which all must be satisfy are the followings: Agreement Partnership relationship may be formed by deed, in writing, verbally and lastly by inference from the conduct of the parties. In Canny Gabriel Castle Jackson Advertising Pty Ltd V Volume Sales (Finance) Pty Ltd [1974] HCA 22; (1974) 131 CLR 321 where the court held that a partnership existed on four factors which were parties joined in a ... Show more content on Helpwriting.net ... Prima facie Partnership State of agency Evidence found in the case that the existence of mutual rights and obligations between the partners together with the right to say in the management of business (all three partners must agree on major decision related to the firm). Sharing of profit and losses Joe, Shmo and Moe contributed capital to establish the firm which signaled the intent of sharing of profits and losses. Intention of the parties In this case, the intention of Joe, Shmo and Moe was to start up financial advisory services in Boyup Brook. [S 8 (1)] The intention for acquisition of building (through capital) was for business operation and therefore it proved that partnership between Joe, Shmo and Moe exists. [S 8 (4)] In this case, the $50,000 loan which Flo provides for the establishment of "The Money Doctors" were said to be repaid via profits made by the firm. [S 8 (5)] Flo was employed by "The Money Doctors" as an office manager on a salary of $45,000 per annum.
  • 28. In accordance with the evidence stated on Partnership Act 1895 (WA) S 8 (4), (5), Flo will not be liable as a partner of "The Money Doctors". Conclusion In accordance with Partnership Act 1895 (WA) S 7, S 8 (1), "The Money Doctors" is a partnership and the partners are Joe, Shmo and Moe. 2.Who is liable for the contract with ECO? Main ... Get more on HelpWriting.net ...
  • 29. Case Study On Media Prima Berhad CHAPTER 1 INTRODUCTION 1.1INTRODUCTION This chapter will give an overview on the impact of organizational justice on job burnout at Media Prima Bhd. This chapter consist and discussed of eight important parts of the research and also an overview what the researcher need to focus. These part are important things in the research which are include of background of the study, problem statement, research question, research objective, significant of the study, scope of study, limitation of the study, definition of key terms and summary. 1.2BACKGROUND OF THE STUDY Media Prima Berhad (Media Prima), a company listed on the Main Market of Bursa Malaysia, is Malaysia's leading fully–integrated media group. The Group is also one of Malaysia's Top ... Show more content on Helpwriting.net ... Adams conceptualized fairness by stating that employees determine whether they have been treated fairly at work by comparing their own payoff ratio of outcomes (such as pay or status) to inputs (such as effort or time) to the ratio of their co–workers (Adams, 1963). Thus, in the organizational framework, distributive justice refers to the perceived fairness of resource allocation in respect to the balance between employees' contributions and rewards (Lee, 2001). Organizations convey a sense of concern for employee well–being and their contribution to organizational success when rewards and resources are fairly distributed (Peele III, ... Get more on HelpWriting.net ...
  • 30. Geeta Mehrotra And Anr Vs State Of U.p 5.2.3. Geeta Mehrotra & Anr vs State of U.P. & Anr9: In the judgement given T.S. Thakur J. and Gyan Sudha Misra, J. on October 17, 2012, it was stated in the following paragraphs that: The High Court however granted interim protection to the appellants by directing the authorities not to issue coercive process against the appellants until disposal of the application filed by the appellants with a further direction to the trial court to dispose of the application if moved by the appellants, within a period of two months from the date of moving the application. "13. On a perusal of the complaint and other materials on record as also analysis of the arguments advanced by the contesting parties in the light of the settled principles of law reflected in a catena of decisions, it is apparent that the High Court has not applied its mind on the question as to whether the case was fit to be quashed against the appellants and has merely disposed of the petition granting liberty to the appellants to move the trial court and raise contentions on the ground as to whether it has territorial jurisdiction to continue with the trial in the light of the averment that no part of the cause of action had arisen at Allahabad and the entire incident even as per the FIR had taken place at Faridabad. 14. The High Court further overlooked the fact that during the pendency of this case, the complainant–respondent No.2 has obtained an ex–parte decree of divorce against her husband Shyamji ... Get more on HelpWriting.net ...
  • 31. Media Analysis Essay Essay: MEDIA ANALYSIS IN MALAYSIA (NEWSPAPERS) INTRODUCTION Newspapers are essential in everyone's daily life as it is the main source of news since the olden days before the television was invented. Without the newspapers, where does the news come from? Particularly in Malaysia, there are several languages used in the country. The main languages used however are English, Bahasa and Mandarin. Each of these different languages have specially dedicated newspapers to the particular language. For the Malaysian English Newspaper, one of the best known newspapers is Malaysia is The Star. The Star was first published as a regional newspaper in George Town, Penang in 1971. During that time, it is also the first kind of tabloid to be... Show more content on Helpwriting.net ... However, during the year 1984, the Minister of Home Affairs came up with the Printing and Publications Act to invalidate any publications licensees that reckoned as threatening to the state. By the end of the year 1900s, Malaysia had fourteen newspapers, Singapore issued eight, Penang issued three, the confederated states had two and Kelantan had one. As for the other broadsheets in Malaysia, there are the Al–Iman, Neracha (Islamic reform journals), Utusan Melaya and Lembaga Melaya (1906–1931). The Utusan Melaya and Lembaga Melaya were edited by a man named Mohd Eunos b. Abdullah; also known as the father of Malay Journalism. PROGRESS TO DATE As a medium of mass communication and also as an industry, the changing relationship between newspapers and readers is part of this upheaval. This is because newspapers are poised at the edge of a significant change in their operation and role. The first newspaper in Malaysia was the Prince of Wales Island Gazette, published in Penang in 1805 and begun by the British. When Malayan was under the hands of the British in 1968, the government developed restrictive policies toward the press. The reason is that they feared the spread of communism in Malayan. Unfortunately, the spread of communism in Malayan was unstoppable. In April 1930, the Malayan Communist Party was founded in Singapore. Many urban Chinese were arrested because they ... Get more on HelpWriting.net ...
  • 32. The Prisoner of War Ethic Early on in the semester, I have found that Chapter 12 has been one of the more intriguing sections to read. After deciding on a topic for the paper, I combed the book for interesting topics that could relate to the prisoner of war ethic. In many ways I started my 'journey' with Chapter 12; making it all–the–more fitting that I end here as well. Chapter 12 and the section on Prima Facie Duties cover a good range of personal subjects. This chapter espouses the ideal that communication is not confined to national or even international borders. Kales Human Nature, for example, proposes the importance of the human spirit over cultural boundaries. Though it is not easy, we must communicate with others in a way that does not reflect back on our own biases and stereotypes in other forms of intercultural communication. And I am personally fascinated by the concept of moral exclusion. The ability to which we are able to extend rights to other people is reflective of where they lie in our sphere of moral consideration, I believe. One of the eight stages of genocide – dehumanization – comes to mind. As the book notes, this dehumanization is reflected in communication. Communication, such as propaganda, that lowers the status of others exemplifies this dehumanization. We have a tremendous capacity, to turn people into less than us, and once you do that, you can justify a hell of a lot of awfulness.– Greg Pirmann I recall reading a book recently by Roderick Frazier Nash called The ... Get more on HelpWriting.net ...
  • 33. The Categorical Imperative And Prima Facie Duty The categorical imperative and prima facie duties are both anti–consequentialist theories or based on duties rather than the outcomes (Simpson, 2015). Although they are the same in some manner but there is a slight difference on both of their views on morality. Kant's moral theory is 'monism' (based on a single, pre–eminent, all–encompassing rule or principle) while Ross is 'pluralism' in form (Simpson, 2015). Ross claims there are several characteristics which make an act right, and they are not reducible to some one characteristic or formula. (Feldman, 1978). The word 'duties' on prima facie duties are not the actual duties which are morally bound to be performed (Garrett, 2004). Prima facie duties relate to actual duties as reasons do ... Show more content on Helpwriting.net ... Similarly, any wrong act will probably have beneficial effects on some deserving people. Every act therefore, viewed in some aspects will be prima facie right, and viewed in others, prima facie wrong, and right acts can be distinguished from wrong acts only as being those which, of all those possible for the agent in the circumstances, have the greatest balance of prima facie rightness, in those respects which they are prima facie right, over their prima facie wrongness, in those respects they are prima facie wrong." As noted by Munson (2014), "Ross does not tell us a rule to determine the 'balance' of prima facie rightness over wrongness. Ultimately, according to him, we must simply rely upon our perceptions of the situation. If we learn the facts in the case, consider the consequences of our possible actions, and reflect on our prima facie duties, we should be able to arrive at a conclusion as to the best course of action." For example, "suppose Susan, an emergency room nurse, promised to return home on time one day after work to take her son, Jarod, to the ball game. Meanwhile, a seven–car pile–up occurred, and she was obligated to 3 hours of overtime. In Ross's perspective, Susan did ... Get more on HelpWriting.net ...
  • 34. Distinction Between Civil And Criminal Law Dr. Ram Manohar Lohiya National Law University, Lucknow 2014–2015 FOUNDATION OF LAW PROJECT ON DISTINCTION BETWEEN CIVIL AND CRIMINAL LAW Submitted to: Submitted by: Mr. Manwendra Kumar Tiwari Nishant Kumar Assistant Professor (Law) ROLL NO. 83 1st semester TABLE OF CONTENT INTRODUCTION DEFINITION STANDARD OF PROOF BURDEN OF PROOF PURPOSE AND PUNISHMENT COURT CONCLUSION BIBLIOGRAPHY INTRODUCTION According to Salmond, "the distinction between criminal and civil wrong is based not on any difference in ... Show more content on Helpwriting.net ... The difference between civil and criminal action is not always clear for example a driver who is drunk while driving runs a red light and hits a car. The driver may be sued in tort for negligently damaging the car and the person inside. As well as criminally prosecuted for reckless driving. The purpose of civil action is to compensate the person with the money for the damage to his car and for physical and emotional injuries he suffered. In contrast, the criminal action punishes the driver for endangering society. Civil liability is based on a preponderance of the evidence, while a criminal
  • 35. conviction takes away liberty and is based on the high standard of a criminal conviction takes away liberty and is based on the high standard of the guilt Beyond a reasonable doubt. DEFINITION CIVIL LAW: According to Salmond, civil law, is "the law of the state or of the land, the lawyers and the law court" It is violation of legal or civil rights of individuals or organizations which does not affect the society in general and is redressible by monetary compensation. In civil law case are filled by private party. CRIMINAL LAW: Sir William Blackstone defined crime "as an act committed or omitted in violation of public law forbidding or commanding it" . Austin later explained public law of this definition as constitutional. Sergeant Stephen said; "A Crime is a violation of right, considered in references to the evil tendency of such violation as regards the ... Get more on HelpWriting.net ...
  • 36. Exploring Racial Discrimination in the Case, Dunlap v.... The case, Dunlap v. Tennessee Valley Authority, explores the issue of suspected racial discrimination associated with disparate treatment and disparate impact caused by the Tennessee Valley Authority (TVA) against a qualified, experienced boilermaker and foreman that is African American. Questions for the court to evaluate regarding this case include: Is this a case of disparate treatment and/or impact and was the plaintiff, David Dunlap, subject to racial discrimination? Finally, did the TVA use personal hiring practices that allowed for racial bias in the interviewing process? What are the legal issues of this case? The Court in the 6th Circuit was to determine if the plaintiff, David Dunlap, had met the burden of proof that his ... Show more content on Helpwriting.net ... The proof of discriminatory intent is not required and although the court concluded that TVA's processes with interviewing had been manipulated to exclude African–American candidates in general, the court disagreed, citing the "lack of statistical proof demonstrating that a protected group was adversely affected thus establishing a "prima facie" case" (Walsh, 2010). Dunlap did not prove, within the evidence presented, that the procedures TVA used were practiced prior. Although the district court concluded that "TVA's interview process had been manipulated to excludeAfrican American candidates" (Walsh, 2010), the court of appeals disagreed because it did not believe there was analytical data that blatantly prove how any protected group was impacted adversely. The court found that Dunlap can only challenge his specific interview processes and not an entire group. Explain why the plaintiff's disparate treatment claims succeed? The disparate treatment doctrine requires that any plaintiff must demonstrate that an employer has treated some group of people less favorably than others because of any protected classification to include their race, color, religion, sex, or national origin. According to Walsh, "Three provisions required to prove disparate treatment are (1) the plaintiff must establish a prima facie case of racial discrimination; (2) the employer must articulate some legitimate, nondiscriminatory ... Get more on HelpWriting.net ...
  • 37. David Boonin Argument Analysis As it was presented earlier, David Boonin's interest based argument has three major elements: 1) A modified future–like–ours account of Don Marquis, 2) Relationship between desires and right to life, and 3) Organized cortical brain activity as a necessary condition for the onset of consciousness. It is the first two elements which are of major concern here. David Boonin modifies Marquis future–like–ours argument and converts it to a desire based account, before developing his analytical distinction of desires that has been shown earlier. Once "values" and "desires" are used interchangeably (which itself raises concerns), the idea that the foetus values its future or comes to value its future can be restated as that which a foetus desires, ... Show more content on Helpwriting.net ... First, it is not the property of the valuable future that is morally significant. It is the desire for a valuable future which is morally important. Second, there is an implicit emphasis on the present. The foetus in this new version desires in the present that its future be preserved. In the original version the foetus will come to value its future. In fact, the focus on the present is perhaps one of the reasons Boonin has to focus on desires. What drives Boonin to focus on the present is that the morally significant property that would confer the status of personhood on the foetus must be actually present in the foetus for it to qualify as a person. If it is a potential property, an essential property or even a capacity for a potential property, then Boonin will not be able to argue against those who support the foetus inviolability from the moment of conception. Boonin must show that the foetus is not inviolable before they start to have present conscious desires. Since he is basing his argument on Marquis' future–like–ours argument, any modification of the original argument to the present conscious desires version must be done in such a way that the same criteria applies to infants, suicidal teenagers, temporary comatose adults as well as the foetus. In order for the argument to work on all these cases, Boonin creates the analytical distinctions between the occurrent vs dispositional desires and actual vs ideal desires, as presented earlier, to say that it is the property of only "present ideal dispositional conscious desires" that is a morally significant property for personhood. Once the foetus meets the conditions necessary of conscious desires, that is from the onset of advanced organised cortical brain activity, a foetus can have present ideal dispositional conscious ... Get more on HelpWriting.net ...
  • 38. Principle Of Prima Facie One conundrum that has always makes me question what I would do in the circumstance. If you were to own a time machine and you are thinking about possible going back in time in and stop a major disaster from happening, like the sinking of the Titanic. More than fifteen hundred people died in a very preventable accident (eszlinger.com). You have people trying to convince you to go back in time and stop the thinking of the Titanic and there is a group of people trying to convince you to stand idle and not mess with history. Both sides will make compelling points and counterpoints into the decision you should make. A prima facie moralist would say that going back in time would be immoral. According to Ross' the main principle of prima facie would align with saving the people on the titanic. He called them principles of prima facie duty, and we will stick with the label in what follows. A prima facie duty is an excellent, non–absolute, permanent reason to do (or refrain from) something–to keep one's word grateful for kindnesses, avoid hurting others, and so on. (Shafer–Landau 237) So based off this definition we can deduce that a prima facie would want to try to keep the people alive because they deal with in non–absolutes, and death is a pretty absolute. Ross would argue that hitting an iceberg is a random act of coincidence. There is more benefiting actions in keeping the people on the Titanic alive rather than having them die. Ross states that there are requirements that ... Get more on HelpWriting.net ...
  • 39. Legal Research Paper Elizabeth Gomez Saratoga Hostel v. Avila (2009) In 1999, Maria Avila was hired as a housekeeper by Saratoga Hostel; she was 42 years old. Her duties included: cleaning twelve rooms a day, doing some laundry, and cleaning the hallways as well. Due to the economic crisis of 2009, Saratoga Hostel hired a new business consultant to find ways to reduce costs and personnel. The housekeeping department let go 3 of their 10 employees. The manager then decided to train all employees to clean 14 rooms per day instead of 12. When the training was over, 3 employees could not handle the pressure of the new routine, Avila was of them. These three employees were given another week of training. After that week, when ... Show more content on Helpwriting.net ... Google, while they can be enough to file a claim, are not by themselves enough to prove age discrimination. Reid was fired for not being a "fit" to Google's culture; Avila was terminated because she was not a fit to the new Saratoga Hostel's performance standard policy. Under FEHA, the employer is required to establish that its practice is justified by business necessity. In Avila's case, Saratoga Hostel can prove that under the new business plan, the company was forced to change their performance standard in order to stay in business. In Earl v. Nielsen Media Research, No. 09–17477 (9th Cir. Sept. 26, 2011) Christine Earl was hired by Nielsen Media, Inc. ("Nielsen") in 1994 at age 47. She worked for 12 years as a Membership Representative, or "recruiter" until her termination. Nielsen committed three company policy violations before being placed in Development Improvement Plan ("DIP") in February 2006. The "DIP" "stated that her failure to meet company expectations in the future "may result in the implementation of the disciplinary process," a "PIP" "states that failure to meet expectations may result in further disciplinary action up to and including termination." At no point during her time at Nielsen was Earl placed in a Performance Improvement Plan ("PIP".) The same year, Earl's supervisor prepared Earl's annual performance review and wrote "Overall, ... Get more on HelpWriting.net ...
  • 40. A Human Resource Manager Essay As a human resource manager, the understanding of the Equal Employment Opportunity laws are initially overwhelming, due to the amount of information dedicated to the subject. However, it is vitally important to comprehend and apply these laws to any organization, in order to avoid claims or litigation. Companies need to educate management to "take reasonable care to prevent and promptly correct discrimination and establish anti–discrimination policies" (SHRM, 2014). The EEOC is not out to get employers, but was "established to administer and enforce the Civil Rights Act at work" (Dessler, 2015, p. 28). Successful compliance with EEOC law ultimately depends on an authentic and dedicated belief in the capabilities and value of each individual and cultivates a diverse and sincerely non–discriminating workplace. In my view, the core of this and other civil rights law finds its origins in the biblical worldview, that all men are created equal in the sight of God and are bestowed with unique gifts and abilities. This paper will review three cases regarding the laws around National Origin, the Americans with Disabilities Act and Discrimination/Adverse Impact. These laws point to the gift of God that we live in a nation dedicated to protecting what God has created. National Origin In our companies today, we are dealing with a global and diverse environment, making it important for organizations to "have a workforce comprised of two or more groups of employees with various ... Get more on HelpWriting.net ...
  • 41. 9/11 Conspiracy Theory 9–11 Conspiracy Theory. Introduction. September 11th, 2001; two planes crash into each tower of the World Trade Center, one in to the Pentagon, and one "crashes" in Pennsylvania. The government tells us that the attacks were committed by Al Qaeda, a Muslim extremist terrorist group. That it was a "cowardly surprise attack." They do not offer any proof, except, a likely fake, video tape, of Bin Laden; translated by government translators. A pattern? We took the government's word for it. How ironic. The US government most likely knew that the attacks were coming, or even actually committed them themselves. In this paper is prima facie evidence of this. Evidence that cannot be ignored. Also included is an explanation of why the government ... Show more content on Helpwriting.net ... Leading the writers of this paper to believe that there were demolition explosives installed in the towers. This was likely done by the contractors that were in the World Trade Center on 9–11. Figure 2. Figure 3. (On next page) When the tower collapses there are 2 independent clouds of smoke and debris that appear in rapid succession to each other. The photos on the right have markings on them. The red circle indicates the first cloud the yellow one the second cloud. This is prima facie evidence of the presence of demolition explosives. The two clouds indicating 2 places where the explosives were installed. Consistent with an implosion. Why? Many people wonder "Why would the US government do such a thing?" There are several reasons, most likely a combination of them. Firstly, it permitted the restriction of human rights. Now Americans can be arrested and held indefinitely without being charged or given access to a lawyer. The government now has greater surveillance rights over citizens. Now the FBI can "monitor political and religious meetings inside the United States now, even when there is no suspicion of a crime." The government can now investigate what "books Americans borrow from the library."
  • 42. Also, the treatment of POWs captured in Afghanistan and held at camp X–ray is in violation of the Geneva Convention. Also, the attack caused congress to declare war on "terrorism." What this accomplished was that if the government decides to attack ... Get more on HelpWriting.net ...
  • 43. Case Report: Potential Workers Compensation Claim I met with Larry on August 6 regarding his potential Workers Compensation Claim. Larry is a member of Carpenters Local 94 and has worked at the housing authority at Parenti Villa since 1998. His indirect supervisor is Teamsters member Frank Manfredi. Larry reports that on July 16, 2015 he was locking down an elevator on the 15 floor. When he went down to the fourth (4th) floor he observed lots of smoke. He and a laborer Aduarda Figueroa stepped off the elevator along with their supervisor Gabby and Larry was able to identify that the smoke was coming from apartment 411. He went into the apartment and found the resident and then assisted the resident in escaping. Larry states that during the incident he felt pain in his head and neck and a "poking" ... Get more on HelpWriting.net ...
  • 44. Examples Of Swift As A Misanthrope Swift is not a misanthrope rather he is a philanthrope. It is the fallacy of those who think Swift as a misanthrope. Swift only wants to reform mankind out of their follies and stupidities. He says that the chief end of all his labor is: "to vex the world rather than divert it". He declares that: "I have ever hated all nations, professions, and communities and all his love is towards individuals." He does not believe that: "Man is a rational animal". Yet he believes that: "Man is capable of becoming rational if he makes the necessary efforts." But we see that Swift is infamous for being pessimist. He was subjected to this allegation during his lifetime because the critics, identifying Gulliver with Swift, attributed Gulliver's blunders to Swift. That Gulliver, in the last voyage, becomes a misanthrope is undeniable and indisputable. Prima facie, it appears that by developing a negative view of ... Show more content on Helpwriting.net ... There are two categories of animals living there in: ugly and repulsive brutes – Yahoos: "Yahoos who are unteachable brutes, cunning, gluttonous and disposed to great mischief". And comparatively better and nice–looking animals – Houyhnhnms. When he enters the country he is met with Yahoos and they give him such a horrible and loathsome treatment that he develops a disliking for them in his heart, which is later converted into hatred owing to their disgusting physical appearance and their filthy and mischievous way of life. But his first meeting with Houyhnhnms, on the other hand, proves a nice experience. And this: "First impression proves the last impression" The mistake which Gulliver committed is that, he over–idealizes them because Gulliver is a man who is fed up with Man's corruption. Therefore, he cannot see corruption in Man. He finds Yahoos in a detestable and abhorrent condition on account of their being a slave of emotions, sensuality and sentimentality. He ... Get more on HelpWriting.net ...