1. When do state courts of jurisdiction of a case When do federal c.pdf
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1. When do state courts of jurisdiction of a case? When do federal courts of jurisdiction over a case? 2. What is standing? Solution 1- The only cases state courts are not allowed to hear are lawsuits against the United States and those involving certain specific federal laws: criminal, antitrust, bankruptcy, patent, copyright, and some maritime law cases. In many cases, both federal and state courts have jurisdiction. Federal court jurisdiction is limited to certain types of cases listed in the U.S. Constitution. For the most part, federal court jurisdiction only hear cases in which the United States is a party, cases involving violations of the Constitution or federal law, crimes on federal land, and bankruptcy cases. 2-The legal right to initiate a lawsuit. To do so, a person must be sufficiently affected by the matter at hand, and there must be a case or controversy that can be resolved by legal action. There are three requirements for Article III standing: (1) injury in fact, which means an invasion of a legally protected interest that is (a) concrete and particularized, and (b) actual or imminent, not conjectural or hypothetical; (2) Causal relationship between the injury and the challenged conduct, which means that the injury fairly can be traced to the challenged action of the defendant, and has not resulted from the independent action of some third party not before the court. (3) Likelihood that the injury will be redressed by a favorable decision, which means that the prospect of obtaining relief from the injury as a result of a favorable ruling is not too speculative. Lujan v. Defenders of Wildlife, 112 S. Ct. 2130, 2136 (1992) (Lujan). The party invoking federal jurisdiction bears the burden of establishing each of these elements. Id. Standing is founded \"in concern about the proper--and properly limited--role of the courts in a democratic society..
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Differences betweenCivil and Criminal Law in the USA Copyright.docx
Differences between
Civil and Criminal Law in the USA
Copyright 1998 by Ronald B. Standler
Introduction
Criminal law is much better known to laymen than civil law, as a result of journalists' reports of famous criminal trials. In talking with people about law, I find that they often misapply principles from criminal law to situations in civil (e.g., tort) law, which results in their misunderstanding. They are surprised when they learn the actual legal principles that apply to a problem. The purpose of this essay is to compare and contrast criminal and civil law.
In civil law, a private party (e.g., a corporation or individual person) files the lawsuit and becomes the plaintiff. In criminal law, the litigation is always filed by the government, who is called the prosecution.
Punishment
One of the most fundamental distinctions between civil and criminal law is in the notion of punishment.
Criminal law
In criminal law, a guilty defendant is punished by either (1) incarceration in a jail or prison, (2) fine paid to the government, or, in exceptional cases, (3) execution of the defendant: the death penalty. Crimes are divided into two broad classes: felonies have a maximum possible sentence of more than one year incarceration, misdemeanors have a maximum possible sentence of less than one year incarceration.
Civil law
In contrast, a defendant in civil litigation is never incarcerated and never executed. In general, a losing defendant in civil litigation only reimburses the plaintiff for losses caused by the defendant's behavior.
So-called punitive damages are never awarded in a civil case under contract law. In a civil case under tort law, there is a possibility of punitive damages, if the defendant's conduct is egregious and
had either (1) a malicious intent (i.e., desire to cause harm), (2) gross negligence (i.e., conscious indifference), or (3) a willful disregard for the rights of others. The use of punitive damages makes a public example of the defendant and supposedly deters future wrongful conduct by others. Punitive damages are particularly important in torts involving dignitary harms (e.g., invasion of privacy) and civil rights, where the actual monetary injury to plaintiff(s) may be small.
One can purchase insurance that will pay damages and attorney's fees for tort claims. Such insurance coverage is a standard part of homeowner's insurance policies, automobile insurance, and insurance for businesses. In contrast, it is not possible for a defendant to purchase insurance to pay for his/her criminal acts.
While a court can order a defendant to pay damages, the plaintiff may receive nothing if the defendant has no assets and no insurance, or if the defendant is skillful in concealing assets. In this way, large awards for plaintiffs in tort cases are often an illusion.
Effect of punishment
The notion that the threat of punishment will deter criminal conduct is based on the principle that human beings are rational. In practice, ...
Differences betweenCivil and Criminal Law in the USA Copyright.docx
Differences between
Civil and Criminal Law in the USA
Copyright 1998 by Ronald B. Standler
Introduction
Criminal law is much better known to laymen than civil law, as a result of journalists' reports of famous criminal trials. In talking with people about law, I find that they often misapply principles from criminal law to situations in civil (e.g., tort) law, which results in their misunderstanding. They are surprised when they learn the actual legal principles that apply to a problem. The purpose of this essay is to compare and contrast criminal and civil law.
In civil law, a private party (e.g., a corporation or individual person) files the lawsuit and becomes the plaintiff. In criminal law, the litigation is always filed by the government, who is called the prosecution.
Punishment
One of the most fundamental distinctions between civil and criminal law is in the notion of punishment.
Criminal law
In criminal law, a guilty defendant is punished by either (1) incarceration in a jail or prison, (2) fine paid to the government, or, in exceptional cases, (3) execution of the defendant: the death penalty. Crimes are divided into two broad classes: felonies have a maximum possible sentence of more than one year incarceration, misdemeanors have a maximum possible sentence of less than one year incarceration.
Civil law
In contrast, a defendant in civil litigation is never incarcerated and never executed. In general, a losing defendant in civil litigation only reimburses the plaintiff for losses caused by the defendant's behavior.
So-called punitive damages are never awarded in a civil case under contract law. In a civil case under tort law, there is a possibility of punitive damages, if the defendant's conduct is egregious and
had either (1) a malicious intent (i.e., desire to cause harm), (2) gross negligence (i.e., conscious indifference), or (3) a willful disregard for the rights of others. The use of punitive damages makes a public example of the defendant and supposedly deters future wrongful conduct by others. Punitive damages are particularly important in torts involving dignitary harms (e.g., invasion of privacy) and civil rights, where the actual monetary injury to plaintiff(s) may be small.
One can purchase insurance that will pay damages and attorney's fees for tort claims. Such insurance coverage is a standard part of homeowner's insurance policies, automobile insurance, and insurance for businesses. In contrast, it is not possible for a defendant to purchase insurance to pay for his/her criminal acts.
While a court can order a defendant to pay damages, the plaintiff may receive nothing if the defendant has no assets and no insurance, or if the defendant is skillful in concealing assets. In this way, large awards for plaintiffs in tort cases are often an illusion.
Effect of punishment
The notion that the threat of punishment will deter criminal conduct is based on the principle that human beings are rational. In practice,.
Constitutional Law I
Outline (Fall 2006)
I. Judicial Review
A. The Nature and Sources of the Supreme Court’s Authority
- It is the Supreme Court, not Congress, which has the authority and duty to review the constitutionality of the statutes passed by Congress, and to invalidate the statute if it violates the Constitution
o Marbury v. Madison
- U.S. Supreme Court is the main interpreter of the Constitution
- Most of the justices’ ruling are consistent with their past opinions
- the USSC’s last word makes it the most important judicial voice and the final decider of what is Constitutional
Constitution
- Supremacy Clause (Article 6, Section 2)
o The Constitution is the Supreme Law of the Land.
- We know that the constitution is supreme, but what if one branch decides something the other branch does is unconstitutional?
o None of this is explicitly stated in the Constitution
- What gives the Supreme Court the power of judicial review?
o Justice Marshall did in Marbury v. Madison
- constitution is the primary law—extending to acts of the president and acts of congress
- the power of judicial review also extends to lower federal courts
o they have the power to declare acts of Congress unconstitutional
Marbury v. Madison
- this case decided which branch of the fed gov. should have the final say in interpreting the constitution
- if the USSC identifies a conflict b/w a constitutional provision and a congressional statute, the Court has the authority and the duty to declare the statute unconstitutional and to refuse to enforce it
Jurisdiction issues in cyberspace
A detail presentation on Jurisdiction issues in cyberspace with special reference to minimum contacts theory, effects test, zippo test.
Chapter TenThe Federal JudiciaryBrian M. MurphyLearnin.docx
Chapter Ten
The Federal Judiciary
Brian M. Murphy
Learning Objectives
After covering the topic of the federal judiciary, students should
understand:
1. The relationship of state courts to the federal judiciary.
2. The jurisdiction of federal courts.
3. The structure of the federal judicial system.
4. The procedures of the U.S. Supreme Court.
5. The powers of the federal judiciary.
Abstract
The udicial y e i he i ed a e i a ed he d c ri e
federalism. Two court systems exist side-by-side, national and state, and
each has a distinct set of powers. State courts, for the most part, are
responsible for handling the legal issues that arise under their own laws. It
is primarily when a federal uestion is presented that the federal udicial
system can become in ol ed in a state court. therwise, state udiciaries
are generally autonomous even from one another. The Constitution
precisely outlines the types of cases that can be heard by federal courts,
yet it is almost impossible to force a federal court to hear a case that falls
under its urisdiction if the udge s wants to avoid it. The authority of
the U.S. Supreme Court has slowly grown over time, largely through the
power of udicial review. onetheless, federalism has managed to remain
a signi cant barrier against federal courts becoming too powerful. The
udicial system designed by the framers continues to survive and function
after 200 years.
Introduction
The federal judicial system is the least commonly known and least
understood branch of American government. In 2007, 78% could not
name the current Chief Justice of the U.S. Supreme Court but 66% were
able to identify at least one of the judges on the T show American
Idol (Jamieson, 2007). Much of judicial work is conducted out of the
limelight and courts are not considered an important in uence in the daily
lives of people. It is clear the framers believed that the federal judicial
system would be the weakest of the three branches because, as Alexander
amilton wrote, it has no in uence over either the sword or the purse
(Hamilton, 1961, 465). In other words, courts cannot command an army
(or even police) to ensure that decisions are enforced or allocate money to
implement one of their rulings. Judges must depend on the other branches
in order to get anything done. According to an oft-repeated story, President
Andrew Jackson supposedly mocked a decision by Chief Justice John
Marshall with the words, John Marshall has made his decision, now let
him enforce it’’ (Schwartz, 1993, 94).
But times and the role of the federal judiciary have changed. One
scholar even concluded that the United States is now operating under a
government by judiciary’’ because the U.S. Supreme Court can revise
the Constitution by how it interprets the wording (Berger, 1997). As Chief
Justice Charles vans Hughes once uipped, e are under a Constitution,
but the Constitution is what the judges say it is’’ (Hughes, 1916, 185). .
Chapter TenThe Federal JudiciaryBrian M. MurphyLearnin.docx
Chapter Ten
The Federal Judiciary
Brian M. Murphy
Learning Objectives
After covering the topic of the federal judiciary, students should
understand:
1. The relationship of state courts to the federal judiciary.
2. The jurisdiction of federal courts.
3. The structure of the federal judicial system.
4. The procedures of the U.S. Supreme Court.
5. The powers of the federal judiciary.
Abstract
The udicial y e i he i ed a e i a ed he d c ri e
federalism. Two court systems exist side-by-side, national and state, and
each has a distinct set of powers. State courts, for the most part, are
responsible for handling the legal issues that arise under their own laws. It
is primarily when a federal uestion is presented that the federal udicial
system can become in ol ed in a state court. therwise, state udiciaries
are generally autonomous even from one another. The Constitution
precisely outlines the types of cases that can be heard by federal courts,
yet it is almost impossible to force a federal court to hear a case that falls
under its urisdiction if the udge s wants to avoid it. The authority of
the U.S. Supreme Court has slowly grown over time, largely through the
power of udicial review. onetheless, federalism has managed to remain
a signi cant barrier against federal courts becoming too powerful. The
udicial system designed by the framers continues to survive and function
after 200 years.
Introduction
The federal judicial system is the least commonly known and least
understood branch of American government. In 2007, 78% could not
name the current Chief Justice of the U.S. Supreme Court but 66% were
able to identify at least one of the judges on the T show American
Idol (Jamieson, 2007). Much of judicial work is conducted out of the
limelight and courts are not considered an important in uence in the daily
lives of people. It is clear the framers believed that the federal judicial
system would be the weakest of the three branches because, as Alexander
amilton wrote, it has no in uence over either the sword or the purse
(Hamilton, 1961, 465). In other words, courts cannot command an army
(or even police) to ensure that decisions are enforced or allocate money to
implement one of their rulings. Judges must depend on the other branches
in order to get anything done. According to an oft-repeated story, President
Andrew Jackson supposedly mocked a decision by Chief Justice John
Marshall with the words, John Marshall has made his decision, now let
him enforce it’’ (Schwartz, 1993, 94).
But times and the role of the federal judiciary have changed. One
scholar even concluded that the United States is now operating under a
government by judiciary’’ because the U.S. Supreme Court can revise
the Constitution by how it interprets the wording (Berger, 1997). As Chief
Justice Charles vans Hughes once uipped, e are under a Constitution,
but the Constitution is what the judges say it is’’ (Hughes, 1916, 185). ...
Recommended
Differences betweenCivil and Criminal Law in the USA Copyright.docx
Differences between
Civil and Criminal Law in the USA
Copyright 1998 by Ronald B. Standler
Introduction
Criminal law is much better known to laymen than civil law, as a result of journalists' reports of famous criminal trials. In talking with people about law, I find that they often misapply principles from criminal law to situations in civil (e.g., tort) law, which results in their misunderstanding. They are surprised when they learn the actual legal principles that apply to a problem. The purpose of this essay is to compare and contrast criminal and civil law.
In civil law, a private party (e.g., a corporation or individual person) files the lawsuit and becomes the plaintiff. In criminal law, the litigation is always filed by the government, who is called the prosecution.
Punishment
One of the most fundamental distinctions between civil and criminal law is in the notion of punishment.
Criminal law
In criminal law, a guilty defendant is punished by either (1) incarceration in a jail or prison, (2) fine paid to the government, or, in exceptional cases, (3) execution of the defendant: the death penalty. Crimes are divided into two broad classes: felonies have a maximum possible sentence of more than one year incarceration, misdemeanors have a maximum possible sentence of less than one year incarceration.
Civil law
In contrast, a defendant in civil litigation is never incarcerated and never executed. In general, a losing defendant in civil litigation only reimburses the plaintiff for losses caused by the defendant's behavior.
So-called punitive damages are never awarded in a civil case under contract law. In a civil case under tort law, there is a possibility of punitive damages, if the defendant's conduct is egregious and
had either (1) a malicious intent (i.e., desire to cause harm), (2) gross negligence (i.e., conscious indifference), or (3) a willful disregard for the rights of others. The use of punitive damages makes a public example of the defendant and supposedly deters future wrongful conduct by others. Punitive damages are particularly important in torts involving dignitary harms (e.g., invasion of privacy) and civil rights, where the actual monetary injury to plaintiff(s) may be small.
One can purchase insurance that will pay damages and attorney's fees for tort claims. Such insurance coverage is a standard part of homeowner's insurance policies, automobile insurance, and insurance for businesses. In contrast, it is not possible for a defendant to purchase insurance to pay for his/her criminal acts.
While a court can order a defendant to pay damages, the plaintiff may receive nothing if the defendant has no assets and no insurance, or if the defendant is skillful in concealing assets. In this way, large awards for plaintiffs in tort cases are often an illusion.
Effect of punishment
The notion that the threat of punishment will deter criminal conduct is based on the principle that human beings are rational. In practice, ...
Differences betweenCivil and Criminal Law in the USA Copyright.docx
Differences between
Civil and Criminal Law in the USA
Copyright 1998 by Ronald B. Standler
Introduction
Criminal law is much better known to laymen than civil law, as a result of journalists' reports of famous criminal trials. In talking with people about law, I find that they often misapply principles from criminal law to situations in civil (e.g., tort) law, which results in their misunderstanding. They are surprised when they learn the actual legal principles that apply to a problem. The purpose of this essay is to compare and contrast criminal and civil law.
In civil law, a private party (e.g., a corporation or individual person) files the lawsuit and becomes the plaintiff. In criminal law, the litigation is always filed by the government, who is called the prosecution.
Punishment
One of the most fundamental distinctions between civil and criminal law is in the notion of punishment.
Criminal law
In criminal law, a guilty defendant is punished by either (1) incarceration in a jail or prison, (2) fine paid to the government, or, in exceptional cases, (3) execution of the defendant: the death penalty. Crimes are divided into two broad classes: felonies have a maximum possible sentence of more than one year incarceration, misdemeanors have a maximum possible sentence of less than one year incarceration.
Civil law
In contrast, a defendant in civil litigation is never incarcerated and never executed. In general, a losing defendant in civil litigation only reimburses the plaintiff for losses caused by the defendant's behavior.
So-called punitive damages are never awarded in a civil case under contract law. In a civil case under tort law, there is a possibility of punitive damages, if the defendant's conduct is egregious and
had either (1) a malicious intent (i.e., desire to cause harm), (2) gross negligence (i.e., conscious indifference), or (3) a willful disregard for the rights of others. The use of punitive damages makes a public example of the defendant and supposedly deters future wrongful conduct by others. Punitive damages are particularly important in torts involving dignitary harms (e.g., invasion of privacy) and civil rights, where the actual monetary injury to plaintiff(s) may be small.
One can purchase insurance that will pay damages and attorney's fees for tort claims. Such insurance coverage is a standard part of homeowner's insurance policies, automobile insurance, and insurance for businesses. In contrast, it is not possible for a defendant to purchase insurance to pay for his/her criminal acts.
While a court can order a defendant to pay damages, the plaintiff may receive nothing if the defendant has no assets and no insurance, or if the defendant is skillful in concealing assets. In this way, large awards for plaintiffs in tort cases are often an illusion.
Effect of punishment
The notion that the threat of punishment will deter criminal conduct is based on the principle that human beings are rational. In practice,.
Constitutional Law I
Outline (Fall 2006)
I. Judicial Review
A. The Nature and Sources of the Supreme Court’s Authority
- It is the Supreme Court, not Congress, which has the authority and duty to review the constitutionality of the statutes passed by Congress, and to invalidate the statute if it violates the Constitution
o Marbury v. Madison
- U.S. Supreme Court is the main interpreter of the Constitution
- Most of the justices’ ruling are consistent with their past opinions
- the USSC’s last word makes it the most important judicial voice and the final decider of what is Constitutional
Constitution
- Supremacy Clause (Article 6, Section 2)
o The Constitution is the Supreme Law of the Land.
- We know that the constitution is supreme, but what if one branch decides something the other branch does is unconstitutional?
o None of this is explicitly stated in the Constitution
- What gives the Supreme Court the power of judicial review?
o Justice Marshall did in Marbury v. Madison
- constitution is the primary law—extending to acts of the president and acts of congress
- the power of judicial review also extends to lower federal courts
o they have the power to declare acts of Congress unconstitutional
Marbury v. Madison
- this case decided which branch of the fed gov. should have the final say in interpreting the constitution
- if the USSC identifies a conflict b/w a constitutional provision and a congressional statute, the Court has the authority and the duty to declare the statute unconstitutional and to refuse to enforce it
Jurisdiction issues in cyberspace
A detail presentation on Jurisdiction issues in cyberspace with special reference to minimum contacts theory, effects test, zippo test.
Chapter TenThe Federal JudiciaryBrian M. MurphyLearnin.docx
Chapter Ten
The Federal Judiciary
Brian M. Murphy
Learning Objectives
After covering the topic of the federal judiciary, students should
understand:
1. The relationship of state courts to the federal judiciary.
2. The jurisdiction of federal courts.
3. The structure of the federal judicial system.
4. The procedures of the U.S. Supreme Court.
5. The powers of the federal judiciary.
Abstract
The udicial y e i he i ed a e i a ed he d c ri e
federalism. Two court systems exist side-by-side, national and state, and
each has a distinct set of powers. State courts, for the most part, are
responsible for handling the legal issues that arise under their own laws. It
is primarily when a federal uestion is presented that the federal udicial
system can become in ol ed in a state court. therwise, state udiciaries
are generally autonomous even from one another. The Constitution
precisely outlines the types of cases that can be heard by federal courts,
yet it is almost impossible to force a federal court to hear a case that falls
under its urisdiction if the udge s wants to avoid it. The authority of
the U.S. Supreme Court has slowly grown over time, largely through the
power of udicial review. onetheless, federalism has managed to remain
a signi cant barrier against federal courts becoming too powerful. The
udicial system designed by the framers continues to survive and function
after 200 years.
Introduction
The federal judicial system is the least commonly known and least
understood branch of American government. In 2007, 78% could not
name the current Chief Justice of the U.S. Supreme Court but 66% were
able to identify at least one of the judges on the T show American
Idol (Jamieson, 2007). Much of judicial work is conducted out of the
limelight and courts are not considered an important in uence in the daily
lives of people. It is clear the framers believed that the federal judicial
system would be the weakest of the three branches because, as Alexander
amilton wrote, it has no in uence over either the sword or the purse
(Hamilton, 1961, 465). In other words, courts cannot command an army
(or even police) to ensure that decisions are enforced or allocate money to
implement one of their rulings. Judges must depend on the other branches
in order to get anything done. According to an oft-repeated story, President
Andrew Jackson supposedly mocked a decision by Chief Justice John
Marshall with the words, John Marshall has made his decision, now let
him enforce it’’ (Schwartz, 1993, 94).
But times and the role of the federal judiciary have changed. One
scholar even concluded that the United States is now operating under a
government by judiciary’’ because the U.S. Supreme Court can revise
the Constitution by how it interprets the wording (Berger, 1997). As Chief
Justice Charles vans Hughes once uipped, e are under a Constitution,
but the Constitution is what the judges say it is’’ (Hughes, 1916, 185). .
Chapter TenThe Federal JudiciaryBrian M. MurphyLearnin.docx
Chapter Ten
The Federal Judiciary
Brian M. Murphy
Learning Objectives
After covering the topic of the federal judiciary, students should
understand:
1. The relationship of state courts to the federal judiciary.
2. The jurisdiction of federal courts.
3. The structure of the federal judicial system.
4. The procedures of the U.S. Supreme Court.
5. The powers of the federal judiciary.
Abstract
The udicial y e i he i ed a e i a ed he d c ri e
federalism. Two court systems exist side-by-side, national and state, and
each has a distinct set of powers. State courts, for the most part, are
responsible for handling the legal issues that arise under their own laws. It
is primarily when a federal uestion is presented that the federal udicial
system can become in ol ed in a state court. therwise, state udiciaries
are generally autonomous even from one another. The Constitution
precisely outlines the types of cases that can be heard by federal courts,
yet it is almost impossible to force a federal court to hear a case that falls
under its urisdiction if the udge s wants to avoid it. The authority of
the U.S. Supreme Court has slowly grown over time, largely through the
power of udicial review. onetheless, federalism has managed to remain
a signi cant barrier against federal courts becoming too powerful. The
udicial system designed by the framers continues to survive and function
after 200 years.
Introduction
The federal judicial system is the least commonly known and least
understood branch of American government. In 2007, 78% could not
name the current Chief Justice of the U.S. Supreme Court but 66% were
able to identify at least one of the judges on the T show American
Idol (Jamieson, 2007). Much of judicial work is conducted out of the
limelight and courts are not considered an important in uence in the daily
lives of people. It is clear the framers believed that the federal judicial
system would be the weakest of the three branches because, as Alexander
amilton wrote, it has no in uence over either the sword or the purse
(Hamilton, 1961, 465). In other words, courts cannot command an army
(or even police) to ensure that decisions are enforced or allocate money to
implement one of their rulings. Judges must depend on the other branches
in order to get anything done. According to an oft-repeated story, President
Andrew Jackson supposedly mocked a decision by Chief Justice John
Marshall with the words, John Marshall has made his decision, now let
him enforce it’’ (Schwartz, 1993, 94).
But times and the role of the federal judiciary have changed. One
scholar even concluded that the United States is now operating under a
government by judiciary’’ because the U.S. Supreme Court can revise
the Constitution by how it interprets the wording (Berger, 1997). As Chief
Justice Charles vans Hughes once uipped, e are under a Constitution,
but the Constitution is what the judges say it is’’ (Hughes, 1916, 185). ...
The following TrueFalse and Multiple Choice questions cover the m.docx
The following True/False and Multiple Choice questions cover the material introduced in Chapters 1-2; 4, 6, and 7-8. Each question is worth two (2) points. Please indicate (T) for True or (F) for False for the True/False Statements. For Multiple Choice, please select the letter that corresponds to the best response. There are 50 questions in this section. This section is worth 50 points.
A. LEGAL SYTSTEM, COURTS, AND LEGISLATION
1. All but which of the following are examples of special courts in the federal system: a. U.S. Tax Court
b. U.S. Bankruptcy Court
c. U.S. Court of Federal Claims
d. Pierce County Superior Court
e. U.S. Court of Appeals for the Armed Forces
2. Which of the following statements IS NOT true as it relates to the authority of the U.S. Supreme Court? a. The U.S. Supreme Court is the final authority on all matters of federal jurisdiction.
b. The primary function of the Supreme Court is one of review.
c. The key element in the Supreme Court’s authority is that a federal issue must be at stake, either in the form of the parties (diversity jurisdiction) or in the constitutionality of a state or federal law.
d. Every case may be submitted to the United States Supreme Court for review.
e. All of the above statements are true.
3. Judicial review refers to the system by which each branch of government can use its specially designated powers to make sure the other branches act within their constitutionally prescribed limits.
4. The principle of stare decisis precludes the court from correcting erroneous decisions that were previously issued.
B. INTRODUCTION TO CIVIL PROCEDURE (LECTURE)
5. The party responding to a civil action has the initial burden of proof.
6. Equity law is the body of law developed by the courts that serves as precedent for the determination of later controversies.
7. Quasi-in-rem jurisdiction refers to the ability of a court to exercise jurisdiction over a person involved in litigation in the state in which the court is situated.
8. Subject matter jurisdiction refers to the authority of a particular court to hear a matter. If the court does not have proper subject matter jurisdiction, the judgment rendered is void.
9. Where there is diversity of the parties and the amount in controversy exceeds $75,000, the plaintiff may file his action in state court and only upon agreement of the other party, can it be removed to federal court.
10.Under the due process clause, a Washington court may not assert personal jurisdiction over a person unless:
a. The person is given adequate notice
b. The person is given an opportunity to be heard
c. The person has had “minimum contacts” with the forum state
d. A, B, & C
e. A & B
11.The doctrine of preemption precludes states from making laws on matters for which another state has already created regulations.
12.Which of the following is a remedy that can be obtained from a court of equity?
a. A maxim
b. Specific performance
c ...
SECTION IIntroduction to Law Final Exam Instructions Instructor A.docx
SECTION I
Introduction to Law Final Exam Instructions Instructor: A. Jarmon
The following True/False and Multiple Choice questions cover the material introduced in Chapters 1-2; 4, 6, and 7-8. Each question is worth two (2) points. Please indicate (T) for True or (F) for False for the True/False Statements. For Multiple Choice, please select the letter that corresponds to the best response. There are 50 questions in this section. This section is worth 50 points.
A. LEGAL SYTSTEM, COURTS, AND LEGISLATION
All but which of the following are examples of special courts in the federal system:
a. U.S.TaxCourt
b. U.S. Bankruptcy Court
c. U.S.CourtofFederalClaims
d. Pierce County Superior Court
e. U.S.CourtofAppealsfortheArmedForces
Which of the following statements IS NOT true as it relates to the authority of the U.S. Supreme Court?
TheU.S.SupremeCourtisthefinalauthorityonallmattersoffederal jurisdiction.
The primary function of the Supreme Court is one of review.
The key element in the Supreme Court’s authority is that a federal issue must be at stake, either in the form of the parties (diversity
jurisdiction) or in the constitutionality of a state or federal law.
Every case may be submitted to the United States Supreme Court for
review.
Alloftheabovestatementsaretrue.
Judicial review refers to the system by which each branch of government can use its specially designated powers to make sure the other branches act within their constitutionally prescribed limits.
The principle of stare decisis precludes the court from correcting erroneous decisions that were previously issued.
Final Exam Page 2
Introduction to Law Final Exam Instructions Instructor: A. Jarmon
B. INTRODUCTION TO CIVIL PROCEDURE (LECTURE)
The party responding to a civil action has the initial burden of proof.
Equity law is the body of law developed by the courts that serves as precedent for the determination of later controversies.
Quasi-in-rem jurisdiction refers to the ability of a court to exercise jurisdiction over a person involved in litigation in the state in which the court is situated.
Subject matter jurisdiction refers to the authority of a particular court to hear a matter. If the court does not have proper subject matter jurisdiction, the judgment rendered is void.
Where there is diversity of the parties and the amount in controversy exceeds $75,000, the plaintiff may file his action in state court and only upon agreement of the other party, can it be removed to federal court.
10.Under the due process clause, a Washington court may not assert personal jurisdiction over a person unless:
a. Thepersonisgivenadequatenotice
b. The person is given an opportunity to be heard
c. Thepersonhashad“minimumcontacts”withtheforumstate d. A,B,&C
e. A&B
11.The doctrine of preemption precludes states from making laws on matters for which another state has already created regulations.
12.Which of the following is a remedy that can be obtained from a court of
equity?a. Amaxim
b. Speci.
SECTION VIII GOVERNMENT LIABILITYBeginning point Sovereig.docx
SECTION VIII: GOVERNMENT LIABILITY
Beginning point: Sovereign immunity
- based on historical notion that “the king can do no wrong”
- in practice: you cannot sue the government without its permission
PS 480, Liability, Sec VIII
1
SECTION VIII: GOVERNMENT LIABILITY
Key liability issues in administrative law:
1) exceptions to sovereign immunity, usually created by statute
2) whether and how immunity applies to individuals
PS 480, Liability, Sec VIII
2
SECTION VIII: GOVERNMENT LIABILITY
Most cases are “torts”
Tort: “legal wrong done to another person”
Typically people seek correction of, and compensation for, the injury
Liability in these cases is typically a matter of common law, state by state, until preempted by statutes
PS 480, Liability, Sec VIII
3
GOVERNMENT LIABILITY
Intentional tort: on purpose: defamation, destruction incidental to legal searches, loss of business due to rules enforcement
- Generally government has immunity against such suits but not when they involve a battery or false imprisonment
Unintentional tort: injury incidental to other activities or decisions
- Generally negligence of some sort
PS 480, Liability, Sec VIII
4
SECTION VIII: GOVERNMENT LIABILITY
Negligence: injury which could have been avoided with reasonable care
- most common unintentional tort
- often centers on notion of unfulfilled duty
PS 480, Liability, Sec VIII
5
GOVERNMENT LIABILITY
Successful negligence suit requires proof of:
- failure to exercise reasonable care
- failure was proximate cause of injury
failure resulted in specific amount of injury
BUT NOTHING HAPPENS UNLESS SOVEREIGN IMMUNITY IS WAIVED ….
PS 480, Liability, Sec VIII
6
SECTION VIII: GOVERNMENT LIABILITY
Federal Torts Claims Act (1946):
Allows suits against federal government under some conditions
- Some elements are determined by state torts claims acts: extent or limits of liability (ex $200,000 in Florida)
PS 480, Liability, Sec VIII
7
GOVERNMENT LIABILITY
Exceptions to FTCA:
Executive Functions: specific executive functions and claims in foreign states are excepted
Intentional Torts
Discretionary Functions: When government actor makes a policy choice
Scope of Employment: state by state, basically liability occurs only when government official is acting outside of proper job requirements
Public Duty: liability only occurs where government action or inaction is not owed to specific individual. Harm to private parties that is not targeted is not liable, and failure to act responsibly only liable when specific obligation has been created for particular party
- general public cannot sue
PS 480, Liability, Sec VIII
8
FTCA: Exemptions – areas where government is still immune
Intentional torts: harms that arise because of deliberate actions (as opposed to accidents)
Harms to property incident to serving warrant
Harms to reputation due to publication of arrest
Generally remain immune, but exceptions in cases of assault, battery.
SECTION VIII GOVERNMENT LIABILITYBeginning point Sovereig.docx
SECTION VIII: GOVERNMENT LIABILITY
Beginning point: Sovereign immunity
- based on historical notion that “the king can do no wrong”
- in practice: you cannot sue the government without its permission
PS 480, Liability, Sec VIII
1
SECTION VIII: GOVERNMENT LIABILITY
Key liability issues in administrative law:
1) exceptions to sovereign immunity, usually created by statute
2) whether and how immunity applies to individuals
PS 480, Liability, Sec VIII
2
SECTION VIII: GOVERNMENT LIABILITY
Most cases are “torts”
Tort: “legal wrong done to another person”
Typically people seek correction of, and compensation for, the injury
Liability in these cases is typically a matter of common law, state by state, until preempted by statutes
PS 480, Liability, Sec VIII
3
GOVERNMENT LIABILITY
Intentional tort: on purpose: defamation, destruction incidental to legal searches, loss of business due to rules enforcement
- Generally government has immunity against such suits but not when they involve a battery or false imprisonment
Unintentional tort: injury incidental to other activities or decisions
- Generally negligence of some sort
PS 480, Liability, Sec VIII
4
SECTION VIII: GOVERNMENT LIABILITY
Negligence: injury which could have been avoided with reasonable care
- most common unintentional tort
- often centers on notion of unfulfilled duty
PS 480, Liability, Sec VIII
5
GOVERNMENT LIABILITY
Successful negligence suit requires proof of:
- failure to exercise reasonable care
- failure was proximate cause of injury
failure resulted in specific amount of injury
BUT NOTHING HAPPENS UNLESS SOVEREIGN IMMUNITY IS WAIVED ….
PS 480, Liability, Sec VIII
6
SECTION VIII: GOVERNMENT LIABILITY
Federal Torts Claims Act (1946):
Allows suits against federal government under some conditions
- Some elements are determined by state torts claims acts: extent or limits of liability (ex $200,000 in Florida)
PS 480, Liability, Sec VIII
7
GOVERNMENT LIABILITY
Exceptions to FTCA:
Executive Functions: specific executive functions and claims in foreign states are excepted
Intentional Torts
Discretionary Functions: When government actor makes a policy choice
Scope of Employment: state by state, basically liability occurs only when government official is acting outside of proper job requirements
Public Duty: liability only occurs where government action or inaction is not owed to specific individual. Harm to private parties that is not targeted is not liable, and failure to act responsibly only liable when specific obligation has been created for particular party
- general public cannot sue
PS 480, Liability, Sec VIII
8
FTCA: Exemptions – areas where government is still immune
Intentional torts: harms that arise because of deliberate actions (as opposed to accidents)
Harms to property incident to serving warrant
Harms to reputation due to publication of arrest
Generally remain immune, but exceptions in cases of assault, battery.
U.S. Department of JusticeNational Institute of Correction.docx
U.S. Department of Justice
National Institute of Corrections
D
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PA
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INSTITUTE OF C
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CIVIL LIABILITIES
and Other Legal Issues for Probation/Parole Officers and Supervisors
4th Edition
U.S. Department of Justice
National Institute of Corrections
320 First Street, NW
Washington, DC 20534
Morris L. Thigpen
Director
Thomas J. Beauclair
Deputy Director
George Keiser
Chief, Community Corrections Division
Dorothy Faust
Project Manager
National Institute of Corrections
www.nicic.gov
Civil liabilities
and Other Legal Issues for Probation/Parole Officers and Supervisors
4th Edition
Phillip Lyons
Todd Jermstad
NIC Accession No. 027037
March 2013
This document was developed under cooperative agreement number 08C77G7U3 from the National Institute of
Corrections, U.S. Department of Justice. Points of view or opinions in this document are those of the authors and
do not necessarily represent the official opinion or policies of the U.S. Department of Justice.
Contents
Chapter 1. An Overview of State and Federal Legal Liabilities ..................................... 1
Chapter 2. Civil Liability Under State Law: State Tort Cases ..................................... 13
Chapter 3. Civil Liability Under Federal Law: § 1983 Cases ...................................... 27
Chapter 4. Legal Representation, Attorneys’ Fees, and Indemnification .................... 39
Chapter 5. Presentence and Preparole Investigations and Reports ........................... 55
Chapter 6. Supervision ........................................................................................... 81
Chapter 7. Conditions, Modifications, and Changes in Status ................................. 113
Chapter 8. Revocation .......................................................................................... 155
Chapter 9. Emerging Trends Concerning Liability of Probation and Parole
Officers for Supervision ........................................................................ 185
Chapter 10. Vicarious Liability .............................................................................. 203
Chapter 11. Direct Liability for Supervisors ............................................................ 215
Chapter 12. Agency Liability for Acts of Supervisors .............................................. 239
Chapter 13. The Nature of Inmates’ Rights ............................................................ 247
Chapter 14. Inmates’ Rights at Parole Release Hearings ....................................... 257
Chapter 15. Liability of Parole Officials for Crimes Committed by
Released Offenders ............................................................................ 275
Chapter 16. Immunity for Parole Board Officials ..................................................... 285
Chapter 17. Questions, Specific Concerns, and General Advice .............................. 291
iii
CHA ...
U.S. Department of JusticeNational Institute of Correction
U.S. Department of Justice
National Institute of Corrections
D
E
PA
RT
ME
NT OF JUST
IC
E
N
A
T
IO
N
AL
INSTITUTE OF C
OR
RE
C
T
IO
N
S
CIVIL LIABILITIES
and Other Legal Issues for Probation/Parole Officers and Supervisors
4th Edition
U.S. Department of Justice
National Institute of Corrections
320 First Street, NW
Washington, DC 20534
Morris L. Thigpen
Director
Thomas J. Beauclair
Deputy Director
George Keiser
Chief, Community Corrections Division
Dorothy Faust
Project Manager
National Institute of Corrections
www.nicic.gov
Civil liabilities
and Other Legal Issues for Probation/Parole Officers and Supervisors
4th Edition
Phillip Lyons
Todd Jermstad
NIC Accession No. 027037
March 2013
This document was developed under cooperative agreement number 08C77G7U3 from the National Institute of
Corrections, U.S. Department of Justice. Points of view or opinions in this document are those of the authors and
do not necessarily represent the official opinion or policies of the U.S. Department of Justice.
Contents
Chapter 1. An Overview of State and Federal Legal Liabilities ..................................... 1
Chapter 2. Civil Liability Under State Law: State Tort Cases ..................................... 13
Chapter 3. Civil Liability Under Federal Law: § 1983 Cases ...................................... 27
Chapter 4. Legal Representation, Attorneys’ Fees, and Indemnification .................... 39
Chapter 5. Presentence and Preparole Investigations and Reports ........................... 55
Chapter 6. Supervision ........................................................................................... 81
Chapter 7. Conditions, Modifications, and Changes in Status ................................. 113
Chapter 8. Revocation .......................................................................................... 155
Chapter 9. Emerging Trends Concerning Liability of Probation and Parole
Officers for Supervision ........................................................................ 185
Chapter 10. Vicarious Liability .............................................................................. 203
Chapter 11. Direct Liability for Supervisors ............................................................ 215
Chapter 12. Agency Liability for Acts of Supervisors .............................................. 239
Chapter 13. The Nature of Inmates’ Rights ............................................................ 247
Chapter 14. Inmates’ Rights at Parole Release Hearings ....................................... 257
Chapter 15. Liability of Parole Officials for Crimes Committed by
Released Offenders ............................................................................ 275
Chapter 16. Immunity for Parole Board Officials ..................................................... 285
Chapter 17. Questions, Specific Concerns, and General Advice .............................. 291
iii
CHA ...
Law of trots
law of trots syllabus for 1st sem. Rai university
Introduction to law of trot
Negligence, Nuisance & Nervous Shock
Defamation, Trespass, Malicious Prosecution
Strict, Absolute & Vicarious Liability
Despite the advances the world has made toward technology and scienc.pdf
Despite the advances the world has made toward technology and science, much of the world\'s
population still lives in extreme poverty. A majority of those who live in poverty are in countries
which were former European colonies.
Please respond to all of the following prompts:
Explain the effects of colonial legacy on the development of states which were former colonies.
Discuss the factors that have affected their development. Use examples to illustrate your
analysis.
Solution
1)
To study the effects of colonial legacy, we focus on one case, the West African nation of
Cameroon. Originally colonized by Germany, Cameroon was divided between Britain and
France during World War I, and the two powers implemented widely divergent colonial policies
in their separate zones. The two areas were only reunited at independence in 1960, and despite a
strong policy of centralization, they retain separate legal and education systems and a strong
attachment to the language and culture of their respective colonizers. A comparison of these
regions thus permits an excellent test of the colonizer influence hypothesis. The regions became
British and French colonies due to an exogenous shock unrelated to local conditions (i.e., the
German defeat in WW I), and they have similar post-independence histories. And while there
might be differences in preexisting conditions across these regions, these differences are unlikely
to be pronounced at the arbitrary internal boundary between them. Hence, we can use a
regression discontinuity research design to identify the effects of colonial legacy. The use of a
single case keeps us from examining within-colonizer variation, but we will argue that the
strategies pursued by the British and French and Cameroon present a “hard case” for the
hypothesis of British superiority..
answer 12 and 14 and 16 and 17Solution12)option d Is correct.pdf
answer 12 and 14 and 16 and 17
Solution
12)option d Is correct.
Participating feature provides a specific dividend that is paid before any dividends are paid to
common stock holders, and which takes precedence over common stock in the event of a
liquidation.
14)option D is correct.
Firm will start investing some money every year in that fund and the income from that fund is
also reinvested.
16)option b is correct.
There is negatine relation between yeild and price of bond.
17)option a Is correct .
Indebenture is the documents that contains all the legal provisions of bonds..
More Related Content
Similar to 1. When do state courts of jurisdiction of a case When do federal c.pdf
The following TrueFalse and Multiple Choice questions cover the m.docx
The following True/False and Multiple Choice questions cover the material introduced in Chapters 1-2; 4, 6, and 7-8. Each question is worth two (2) points. Please indicate (T) for True or (F) for False for the True/False Statements. For Multiple Choice, please select the letter that corresponds to the best response. There are 50 questions in this section. This section is worth 50 points.
A. LEGAL SYTSTEM, COURTS, AND LEGISLATION
1. All but which of the following are examples of special courts in the federal system: a. U.S. Tax Court
b. U.S. Bankruptcy Court
c. U.S. Court of Federal Claims
d. Pierce County Superior Court
e. U.S. Court of Appeals for the Armed Forces
2. Which of the following statements IS NOT true as it relates to the authority of the U.S. Supreme Court? a. The U.S. Supreme Court is the final authority on all matters of federal jurisdiction.
b. The primary function of the Supreme Court is one of review.
c. The key element in the Supreme Court’s authority is that a federal issue must be at stake, either in the form of the parties (diversity jurisdiction) or in the constitutionality of a state or federal law.
d. Every case may be submitted to the United States Supreme Court for review.
e. All of the above statements are true.
3. Judicial review refers to the system by which each branch of government can use its specially designated powers to make sure the other branches act within their constitutionally prescribed limits.
4. The principle of stare decisis precludes the court from correcting erroneous decisions that were previously issued.
B. INTRODUCTION TO CIVIL PROCEDURE (LECTURE)
5. The party responding to a civil action has the initial burden of proof.
6. Equity law is the body of law developed by the courts that serves as precedent for the determination of later controversies.
7. Quasi-in-rem jurisdiction refers to the ability of a court to exercise jurisdiction over a person involved in litigation in the state in which the court is situated.
8. Subject matter jurisdiction refers to the authority of a particular court to hear a matter. If the court does not have proper subject matter jurisdiction, the judgment rendered is void.
9. Where there is diversity of the parties and the amount in controversy exceeds $75,000, the plaintiff may file his action in state court and only upon agreement of the other party, can it be removed to federal court.
10.Under the due process clause, a Washington court may not assert personal jurisdiction over a person unless:
a. The person is given adequate notice
b. The person is given an opportunity to be heard
c. The person has had “minimum contacts” with the forum state
d. A, B, & C
e. A & B
11.The doctrine of preemption precludes states from making laws on matters for which another state has already created regulations.
12.Which of the following is a remedy that can be obtained from a court of equity?
a. A maxim
b. Specific performance
c ...
SECTION IIntroduction to Law Final Exam Instructions Instructor A.docx
SECTION I
Introduction to Law Final Exam Instructions Instructor: A. Jarmon
The following True/False and Multiple Choice questions cover the material introduced in Chapters 1-2; 4, 6, and 7-8. Each question is worth two (2) points. Please indicate (T) for True or (F) for False for the True/False Statements. For Multiple Choice, please select the letter that corresponds to the best response. There are 50 questions in this section. This section is worth 50 points.
A. LEGAL SYTSTEM, COURTS, AND LEGISLATION
All but which of the following are examples of special courts in the federal system:
a. U.S.TaxCourt
b. U.S. Bankruptcy Court
c. U.S.CourtofFederalClaims
d. Pierce County Superior Court
e. U.S.CourtofAppealsfortheArmedForces
Which of the following statements IS NOT true as it relates to the authority of the U.S. Supreme Court?
TheU.S.SupremeCourtisthefinalauthorityonallmattersoffederal jurisdiction.
The primary function of the Supreme Court is one of review.
The key element in the Supreme Court’s authority is that a federal issue must be at stake, either in the form of the parties (diversity
jurisdiction) or in the constitutionality of a state or federal law.
Every case may be submitted to the United States Supreme Court for
review.
Alloftheabovestatementsaretrue.
Judicial review refers to the system by which each branch of government can use its specially designated powers to make sure the other branches act within their constitutionally prescribed limits.
The principle of stare decisis precludes the court from correcting erroneous decisions that were previously issued.
Final Exam Page 2
Introduction to Law Final Exam Instructions Instructor: A. Jarmon
B. INTRODUCTION TO CIVIL PROCEDURE (LECTURE)
The party responding to a civil action has the initial burden of proof.
Equity law is the body of law developed by the courts that serves as precedent for the determination of later controversies.
Quasi-in-rem jurisdiction refers to the ability of a court to exercise jurisdiction over a person involved in litigation in the state in which the court is situated.
Subject matter jurisdiction refers to the authority of a particular court to hear a matter. If the court does not have proper subject matter jurisdiction, the judgment rendered is void.
Where there is diversity of the parties and the amount in controversy exceeds $75,000, the plaintiff may file his action in state court and only upon agreement of the other party, can it be removed to federal court.
10.Under the due process clause, a Washington court may not assert personal jurisdiction over a person unless:
a. Thepersonisgivenadequatenotice
b. The person is given an opportunity to be heard
c. Thepersonhashad“minimumcontacts”withtheforumstate d. A,B,&C
e. A&B
11.The doctrine of preemption precludes states from making laws on matters for which another state has already created regulations.
12.Which of the following is a remedy that can be obtained from a court of
equity?a. Amaxim
b. Speci.
SECTION VIII GOVERNMENT LIABILITYBeginning point Sovereig.docx
SECTION VIII: GOVERNMENT LIABILITY
Beginning point: Sovereign immunity
- based on historical notion that “the king can do no wrong”
- in practice: you cannot sue the government without its permission
PS 480, Liability, Sec VIII
1
SECTION VIII: GOVERNMENT LIABILITY
Key liability issues in administrative law:
1) exceptions to sovereign immunity, usually created by statute
2) whether and how immunity applies to individuals
PS 480, Liability, Sec VIII
2
SECTION VIII: GOVERNMENT LIABILITY
Most cases are “torts”
Tort: “legal wrong done to another person”
Typically people seek correction of, and compensation for, the injury
Liability in these cases is typically a matter of common law, state by state, until preempted by statutes
PS 480, Liability, Sec VIII
3
GOVERNMENT LIABILITY
Intentional tort: on purpose: defamation, destruction incidental to legal searches, loss of business due to rules enforcement
- Generally government has immunity against such suits but not when they involve a battery or false imprisonment
Unintentional tort: injury incidental to other activities or decisions
- Generally negligence of some sort
PS 480, Liability, Sec VIII
4
SECTION VIII: GOVERNMENT LIABILITY
Negligence: injury which could have been avoided with reasonable care
- most common unintentional tort
- often centers on notion of unfulfilled duty
PS 480, Liability, Sec VIII
5
GOVERNMENT LIABILITY
Successful negligence suit requires proof of:
- failure to exercise reasonable care
- failure was proximate cause of injury
failure resulted in specific amount of injury
BUT NOTHING HAPPENS UNLESS SOVEREIGN IMMUNITY IS WAIVED ….
PS 480, Liability, Sec VIII
6
SECTION VIII: GOVERNMENT LIABILITY
Federal Torts Claims Act (1946):
Allows suits against federal government under some conditions
- Some elements are determined by state torts claims acts: extent or limits of liability (ex $200,000 in Florida)
PS 480, Liability, Sec VIII
7
GOVERNMENT LIABILITY
Exceptions to FTCA:
Executive Functions: specific executive functions and claims in foreign states are excepted
Intentional Torts
Discretionary Functions: When government actor makes a policy choice
Scope of Employment: state by state, basically liability occurs only when government official is acting outside of proper job requirements
Public Duty: liability only occurs where government action or inaction is not owed to specific individual. Harm to private parties that is not targeted is not liable, and failure to act responsibly only liable when specific obligation has been created for particular party
- general public cannot sue
PS 480, Liability, Sec VIII
8
FTCA: Exemptions – areas where government is still immune
Intentional torts: harms that arise because of deliberate actions (as opposed to accidents)
Harms to property incident to serving warrant
Harms to reputation due to publication of arrest
Generally remain immune, but exceptions in cases of assault, battery.
SECTION VIII GOVERNMENT LIABILITYBeginning point Sovereig.docx
SECTION VIII: GOVERNMENT LIABILITY
Beginning point: Sovereign immunity
- based on historical notion that “the king can do no wrong”
- in practice: you cannot sue the government without its permission
PS 480, Liability, Sec VIII
1
SECTION VIII: GOVERNMENT LIABILITY
Key liability issues in administrative law:
1) exceptions to sovereign immunity, usually created by statute
2) whether and how immunity applies to individuals
PS 480, Liability, Sec VIII
2
SECTION VIII: GOVERNMENT LIABILITY
Most cases are “torts”
Tort: “legal wrong done to another person”
Typically people seek correction of, and compensation for, the injury
Liability in these cases is typically a matter of common law, state by state, until preempted by statutes
PS 480, Liability, Sec VIII
3
GOVERNMENT LIABILITY
Intentional tort: on purpose: defamation, destruction incidental to legal searches, loss of business due to rules enforcement
- Generally government has immunity against such suits but not when they involve a battery or false imprisonment
Unintentional tort: injury incidental to other activities or decisions
- Generally negligence of some sort
PS 480, Liability, Sec VIII
4
SECTION VIII: GOVERNMENT LIABILITY
Negligence: injury which could have been avoided with reasonable care
- most common unintentional tort
- often centers on notion of unfulfilled duty
PS 480, Liability, Sec VIII
5
GOVERNMENT LIABILITY
Successful negligence suit requires proof of:
- failure to exercise reasonable care
- failure was proximate cause of injury
failure resulted in specific amount of injury
BUT NOTHING HAPPENS UNLESS SOVEREIGN IMMUNITY IS WAIVED ….
PS 480, Liability, Sec VIII
6
SECTION VIII: GOVERNMENT LIABILITY
Federal Torts Claims Act (1946):
Allows suits against federal government under some conditions
- Some elements are determined by state torts claims acts: extent or limits of liability (ex $200,000 in Florida)
PS 480, Liability, Sec VIII
7
GOVERNMENT LIABILITY
Exceptions to FTCA:
Executive Functions: specific executive functions and claims in foreign states are excepted
Intentional Torts
Discretionary Functions: When government actor makes a policy choice
Scope of Employment: state by state, basically liability occurs only when government official is acting outside of proper job requirements
Public Duty: liability only occurs where government action or inaction is not owed to specific individual. Harm to private parties that is not targeted is not liable, and failure to act responsibly only liable when specific obligation has been created for particular party
- general public cannot sue
PS 480, Liability, Sec VIII
8
FTCA: Exemptions – areas where government is still immune
Intentional torts: harms that arise because of deliberate actions (as opposed to accidents)
Harms to property incident to serving warrant
Harms to reputation due to publication of arrest
Generally remain immune, but exceptions in cases of assault, battery.
U.S. Department of JusticeNational Institute of Correction.docx
U.S. Department of Justice
National Institute of Corrections
D
E
PA
RT
ME
NT OF JUST
IC
E
N
A
T
IO
N
AL
INSTITUTE OF C
OR
RE
C
T
IO
N
S
CIVIL LIABILITIES
and Other Legal Issues for Probation/Parole Officers and Supervisors
4th Edition
U.S. Department of Justice
National Institute of Corrections
320 First Street, NW
Washington, DC 20534
Morris L. Thigpen
Director
Thomas J. Beauclair
Deputy Director
George Keiser
Chief, Community Corrections Division
Dorothy Faust
Project Manager
National Institute of Corrections
www.nicic.gov
Civil liabilities
and Other Legal Issues for Probation/Parole Officers and Supervisors
4th Edition
Phillip Lyons
Todd Jermstad
NIC Accession No. 027037
March 2013
This document was developed under cooperative agreement number 08C77G7U3 from the National Institute of
Corrections, U.S. Department of Justice. Points of view or opinions in this document are those of the authors and
do not necessarily represent the official opinion or policies of the U.S. Department of Justice.
Contents
Chapter 1. An Overview of State and Federal Legal Liabilities ..................................... 1
Chapter 2. Civil Liability Under State Law: State Tort Cases ..................................... 13
Chapter 3. Civil Liability Under Federal Law: § 1983 Cases ...................................... 27
Chapter 4. Legal Representation, Attorneys’ Fees, and Indemnification .................... 39
Chapter 5. Presentence and Preparole Investigations and Reports ........................... 55
Chapter 6. Supervision ........................................................................................... 81
Chapter 7. Conditions, Modifications, and Changes in Status ................................. 113
Chapter 8. Revocation .......................................................................................... 155
Chapter 9. Emerging Trends Concerning Liability of Probation and Parole
Officers for Supervision ........................................................................ 185
Chapter 10. Vicarious Liability .............................................................................. 203
Chapter 11. Direct Liability for Supervisors ............................................................ 215
Chapter 12. Agency Liability for Acts of Supervisors .............................................. 239
Chapter 13. The Nature of Inmates’ Rights ............................................................ 247
Chapter 14. Inmates’ Rights at Parole Release Hearings ....................................... 257
Chapter 15. Liability of Parole Officials for Crimes Committed by
Released Offenders ............................................................................ 275
Chapter 16. Immunity for Parole Board Officials ..................................................... 285
Chapter 17. Questions, Specific Concerns, and General Advice .............................. 291
iii
CHA ...
U.S. Department of JusticeNational Institute of Correction
U.S. Department of Justice
National Institute of Corrections
D
E
PA
RT
ME
NT OF JUST
IC
E
N
A
T
IO
N
AL
INSTITUTE OF C
OR
RE
C
T
IO
N
S
CIVIL LIABILITIES
and Other Legal Issues for Probation/Parole Officers and Supervisors
4th Edition
U.S. Department of Justice
National Institute of Corrections
320 First Street, NW
Washington, DC 20534
Morris L. Thigpen
Director
Thomas J. Beauclair
Deputy Director
George Keiser
Chief, Community Corrections Division
Dorothy Faust
Project Manager
National Institute of Corrections
www.nicic.gov
Civil liabilities
and Other Legal Issues for Probation/Parole Officers and Supervisors
4th Edition
Phillip Lyons
Todd Jermstad
NIC Accession No. 027037
March 2013
This document was developed under cooperative agreement number 08C77G7U3 from the National Institute of
Corrections, U.S. Department of Justice. Points of view or opinions in this document are those of the authors and
do not necessarily represent the official opinion or policies of the U.S. Department of Justice.
Contents
Chapter 1. An Overview of State and Federal Legal Liabilities ..................................... 1
Chapter 2. Civil Liability Under State Law: State Tort Cases ..................................... 13
Chapter 3. Civil Liability Under Federal Law: § 1983 Cases ...................................... 27
Chapter 4. Legal Representation, Attorneys’ Fees, and Indemnification .................... 39
Chapter 5. Presentence and Preparole Investigations and Reports ........................... 55
Chapter 6. Supervision ........................................................................................... 81
Chapter 7. Conditions, Modifications, and Changes in Status ................................. 113
Chapter 8. Revocation .......................................................................................... 155
Chapter 9. Emerging Trends Concerning Liability of Probation and Parole
Officers for Supervision ........................................................................ 185
Chapter 10. Vicarious Liability .............................................................................. 203
Chapter 11. Direct Liability for Supervisors ............................................................ 215
Chapter 12. Agency Liability for Acts of Supervisors .............................................. 239
Chapter 13. The Nature of Inmates’ Rights ............................................................ 247
Chapter 14. Inmates’ Rights at Parole Release Hearings ....................................... 257
Chapter 15. Liability of Parole Officials for Crimes Committed by
Released Offenders ............................................................................ 275
Chapter 16. Immunity for Parole Board Officials ..................................................... 285
Chapter 17. Questions, Specific Concerns, and General Advice .............................. 291
iii
CHA ...
Law of trots
law of trots syllabus for 1st sem. Rai university
Introduction to law of trot
Negligence, Nuisance & Nervous Shock
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Despite the advances the world has made toward technology and scienc.pdf
Despite the advances the world has made toward technology and science, much of the world\'s
population still lives in extreme poverty. A majority of those who live in poverty are in countries
which were former European colonies.
Please respond to all of the following prompts:
Explain the effects of colonial legacy on the development of states which were former colonies.
Discuss the factors that have affected their development. Use examples to illustrate your
analysis.
Solution
1)
To study the effects of colonial legacy, we focus on one case, the West African nation of
Cameroon. Originally colonized by Germany, Cameroon was divided between Britain and
France during World War I, and the two powers implemented widely divergent colonial policies
in their separate zones. The two areas were only reunited at independence in 1960, and despite a
strong policy of centralization, they retain separate legal and education systems and a strong
attachment to the language and culture of their respective colonizers. A comparison of these
regions thus permits an excellent test of the colonizer influence hypothesis. The regions became
British and French colonies due to an exogenous shock unrelated to local conditions (i.e., the
German defeat in WW I), and they have similar post-independence histories. And while there
might be differences in preexisting conditions across these regions, these differences are unlikely
to be pronounced at the arbitrary internal boundary between them. Hence, we can use a
regression discontinuity research design to identify the effects of colonial legacy. The use of a
single case keeps us from examining within-colonizer variation, but we will argue that the
strategies pursued by the British and French and Cameroon present a “hard case” for the
hypothesis of British superiority..
answer 12 and 14 and 16 and 17Solution12)option d Is correct.pdf
answer 12 and 14 and 16 and 17
Solution
12)option d Is correct.
Participating feature provides a specific dividend that is paid before any dividends are paid to
common stock holders, and which takes precedence over common stock in the event of a
liquidation.
14)option D is correct.
Firm will start investing some money every year in that fund and the income from that fund is
also reinvested.
16)option b is correct.
There is negatine relation between yeild and price of bond.
17)option a Is correct .
Indebenture is the documents that contains all the legal provisions of bonds..
8. Discuss the pros and cons of ‘telework’ and the future prospect o.pdf
8. Discuss the pros and cons of ‘telework’ and the future prospect of such work style.
Solution
Pros
Cons
The future prospects for telework center will extremely much be created by a ongoing conflict
among financial and social demands version to intensify opposition on single side and social goal
like dropping district disparity, as long as social associates at the occupation place, etc..
Compare and contrast phyla porifera and phyla mollusca.Solution.pdf
Compare and contrast phyla porifera and phyla mollusca.
Solution
Answer:
The poriferans and molluscans do contain \"coelom\" in their structure and follows symmetry
Sponges belong to phylum porifera and they are multicellular, macronucleated, some of them
possess flagella. They do not possess circulatory, nervous system.The molluscs are going to
contain spiral & determinate symmetry so that these are protostomes. In case of mollusks,
specialized tissue nature and body complexity allows them to pump the oxygenated blood to the
body parts simultaneously via the contraction of the cardiac muscle. They do not possess
specialized and more developed neural ganglionic cells to carry out the impulse or action
potentials
Sponges os porifera phylum possess characteristic cavity called spongocoel. They possess
specialized structures called osiculum and ostia further these structures control the water influx
and out flux for respiration.
Pinococytes, choanosytes are the specialized epithelial which further absorb dissolved oxygen
from the aquatic water and enable the process of osmoregulation and respiration.
In cas eof molluscks, such as squids, has bilateral symmetry with 8 arms & mantle structure
(absent in sponges). It belongs to Phylum – Mollusca & Class- Cephalopoda
Clam: It has two shells compose of equal sizes & it is bivalved. It belongs to animalia with
Phylum- Mollusca & Class- Bivalvia. Tropical marine sea slugs (nudibranch Nembrotha aurea &
sea cucumbers etc) are invertebrates and they are important in maintaining nutrient equilibrium
in the tropical marine ecosystem & in coral reef ecosystem. These are composed of several
shapes & sizes and with respiratory gills & pointed tentacles. These sea slugs are mollusk like
and non-mollasck like species and some of them are gastropods & mainly feed on different
tropical marine coral result in generation of “higher nitrogen & phosphorous” rich detritus and
organic matter into the marine ecosystem available to other species for their metabolism..
Seventeen people have been exposed to a particular disease. Each one .pdf
Seventeen people have been exposed to a particular disease. Each one independently has a 40%
chance of contracting the disease. A hospital has the capacity to handle 10 cases of the disease.
What is the probability that the hospital\'s capacity will be exceeded? (a) 0.011 (b) 0.035 (c)
0.092 (d) 0.965 (e) 0.989
Solution
The capacity is exceed when at least 11 have the disease.
Note that P(at least x) = 1 - P(at most x - 1).
Using a cumulative binomial distribution table or technology, matching
n = number of trials = 17
p = the probability of a success = 0.4
x = our critical value of successes = 11
Then the cumulative probability of P(at most x - 1) from a table/technology is
P(at most 10 ) = 0.965187271
Thus, the probability of at least 11 successes is
P(at least 11 ) = 0.034812729 = 0.035 [ANSWER, B].
You have an isolate that you believe is a virus. When you conduct a .pdf
You have an isolate that you believe is a virus. When you conduct a electron microscopy it
shows that the isolate looks like a virus but you are not 100% certain.
What characteristics should you see that determines it is a virus?
How can you determine that it is not a parasite?
How can you futher prove that it is a virus?
How can antibiotics be used to prove that it is a virus and not a parasite?
Please answer in detail.
Solution
Ans 1: Characteristics should you see that determines it is a virus are as follows
Size: Smaller (20-400 nm)
Shape: Based on capsid architecture, although enveloped viruses end up being approximately
spherical. 1. Helical, non-enveloped 2. Helical, enveloped, 3. Polyhedral, non-enveloped 4.
Polyhedral, enveloped: Polyhedral means many sides (most are icosahedral - 20 triangular faces
and 12 corners) 5. Complex viruses are, well, complex: Bacteriophage
Cell Wall: No cell wall. Protein coat present instead.
Ribosomes: Absent
Number of cells: No cells
Under Microscope: Visible only under Electron Microscope
DNA or RNA: enclosed inside a coat of protein
Ans 2: If it’s a parasite
Size: Larger (>1000 nm)
Cell Wall: Presence of cell wall
Ribosomes: Present
Number of cells: One cell (unicellular)
Under Microscope: Visible under Light Microscope also
DNA or RNA: DNA and RNA floating freely in cytoplasm
A parasite is an organism which is not only in continuous, intimate association with another
organism, the host but is also metabolically dependent
Morphological characteristics of parasites
Parasite is anything which depends on other organisms for its survival, (technically all organisms
depend on other life forms to sustain life) parasites coexist within/attached to an organism. They
negatively affect the host (unlike a commensal). Whereas, virus is the connecting link between
living and non living, they do have a genetic material; which enable them to multiply but they
lack all other cell organelles. They attach their genetic material (DNA/RNA) to host\'s genetic
material which makes the host cell to duplicate viral genetic material (instead of cell\'s most
needed products) and uses hosts sheath to cover themselves.
Ans 3: All viruses have a capsid or head region that contains its genetic material. The capsid is
made of proteins and glycoproteins. The outer covering of some viruses i.e., envelope is derived
from the host cell plasma membrane when the virus buds out. Some enveloped viruses have
spikes, which are viral glycoproteins that project from the envelope. Eg: Influenzavirus has two
kinds of spikes, H (hemagglutinin) and N (neuraminidase). The H spike allows the virus to attach
to host cells (and red blood cells), the N spike is an enzyme that allows the mature viral particles
to escape from the host cell. Non-enveloped or naked viruses are protected by their capsid alone.
Ans 4: An antibiotic consists of a molecule able to treat bacterial infection, while an anti-
parasitic is used to treat parasitic infections. The l.
Write a 1-2 page paper, answering the following questionsProvide .pdf
Write a 1-2 page paper, answering the following questions:
Provide an example of issues affecting the economy as a whole.
Which economics principles governs the situation you described?
Solution
There are number of issues that are affecting the economy right now, The most important ones
are related to globalization. Globalization has resulted in offshoring and outsourcing, these two
components indeed has bought significant profits to american corporations at the cost of ordinary
american jobs.
Economists in general liked this model in the beginning, but the pilot projects of off-shoring
have just blown out of proportion causing endless harm to western economies, Millions of
people who were working as ordinary men and women simply lost their jobs and left to fend for
themselves.
Trillions of dollars worth of goods flowed freely across the seas, creating trillion dollar debts that
can never be paid back.
Simply put Economy right now is in a bad shape and it needs huge work around. Fed reserve just
kept intrest rates very low so people could borrow more money to let economy function, but this
has created huge bubbles in 2008 destroying enormous wealth, manufacturing cities are already
empty and dysfunctional.
Economy right now is taking much longer to recover, There are signs of non-recovery. Federal
reserve right now is left with no other option than rising intrest rates,
Rising intrest rates is a big negative for the economy as many people will be ineligible for new
housing loans and many comapnies will have to pay higher intrest on their loans.
How did we get here ?
Federal reserve used almost all tools over decades to earn growth for the country and create new
jobs, This had indeed created housing bubble where borrowers could easily borrow money to
invest in useless assets.
This lasted well for decades before finally ending in 2008. In 2008 most of the banks in home
loan business went bust, this crisis has spread across the world exposing most of the world
economies.
When banks went bad, lending too stopped which stopped entire economic activity around the
world causing global economic crisis. Its as simple as logistic line, It went all the way from US
to Asia..
Which of the following is true of networking as a skill in interpers.pdf
Which of the following is true of networking as a skill in interpersonal communication? (a)
networking is an over-appreciated skill in the business environment (b) Networking becomes
even more important as you climb the corporate ladder (c) Networking should not rely on
informal conversations as a source of information. (d) Good networkers do not share personal
and emotional information about themselves. (e) Good networkers connect with people within
their own social and professional circles only.
Solution
True Good networkers do not share personal and emotional information about themselves..
Which of the following statements is NOT evidence that DNA, and not .pdf
Which of the following statements is NOT evidence that DNA, and not protein, is the genetic
material in eukaryotes as well as bacteria?Introduction of a cloned DNA into another organism
results in the production of the corresponding protein product.DNA is located only where the
primary genetic function is known to occur.UV light is most mutagenic at a wavelength at
which DNA and RNA strongly absorb.DNA has four nucleotides.
Solution
DNA has four nucleotides
The number of nucleotides does not specify DNA as a genetic material. All other options prove
that DNA carry genetic material..
When a broth culture of Bacillus begins to run out of nutrients, the .pdf
When a broth culture of Bacillus begins to run out of nutrients, the cells _____. Multiple Choice
form endospores form cysts form persisters decrease their size
Solution
Form cysts because endospores form when condition is highly unfavorable like high
temperature, acidic medium etc.
Persisters form when antibiotics present around the bacteria..
What is the difference between homoplasy and convergent evolution.pdf
What is the difference between homoplasy and convergent evolution? Provide example please.
What is the difference between homoplasy and convergent evolution? Provide example please.
Solution
Homoplasy:- In this term the feature of two different organisms found similar even they have
different anacestor beacuse they evolved in similar way.(It is cladiastic term of Covergent
Evolution)
(Cladiastic means the comparisn of species based on most recent common ancestor not on distant
ancestor)
Convergent evolution TWO different species having different ancestor shows the same physical
features beacuse of change in enviornmental conditions. This evolution occur in organisms to
adapt in those enviornmental conditions.
Example:- Animals given below have long proboscis beacuse of their adaptation to ants eating.
1.Giant Anteater of South America
2. Giant Pangolin of Africa
3. Spiny Anteater (echidna) of Oceania
All three animlas don\'t have similiar ancestor..
Were on Earth with a very accurate clock, and we have put another .pdf
We\'re on Earth with a very accurate clock, and we have put another one, just like it, in a
spacecraft headed out to Pluto at 16 km/s. (The New Horizons NASA mission flew past Pluto in
2015.) When the spacecraft arrives at Pluto, what can we anticipate about its internal clock as
seen from Earth?
Solution
proper time to reach the space craft to pluto
t = d/v = 7.5*10^9/16 = 4.68*10^8 s
the dilated time measurement of the clock
t2 = t1/(sqrt(1- v^2/c^2)
= 4.68*10^8 /(sqrt(1 - (16*10^3)^2/(3*10^8)^2)
= 4.68*10^8 sec.
explain the three ways that species are definedSolution1. It i.pdf
explain the three ways that species are defined
Solution
1. It is the fundamental category of taxonomic classification or lowest taxonomic rank, below a
genus or subgenus.
2. An individual belonging to a group of organisms (or the entire group itself) having common
characteristics and (usually) are capable of mating with one another to produce fertile offspring.
Failing that (for example the Liger) It has to be ecologically and recognisably the same.
3.a species is a distinct \"kind\" of animal, plant, fungus, or other organism..
In the below diagram, the electrons (black dots) can fill the energy .pdf
In the below diagram, the electrons (black dots) can fill the energy levels (boxes) with different
configurations (each row is a different configuration) of the same overall energy. The columns
are the different energy levels, separated by an equal amount of energy. In units of energy,
estimate the Fermi Energy and the temperature (in units of the Fermi energy divided by the
Boltzmann constant)?
Solution
Fermi energy=Highest energy-lowest energy=17-0=17 units
Given that Temperature=fermi energy/Boltz mann constant=17/1.38*10^-23=12.319*10^23.
discuss some methods for IT securitySolutionInformation is an .pdf
discuss some methods for IT security
Solution
Information is an advantage like other important business resources, is important to an
organization\'s business and as a result needs to be correctly protected. This is particularly
important in the increasingly interrelated business atmosphere. As a result of this rising
interconnectivity, information is now showing to increasing number and a huge variety of threats
and susceptibilities. As the standard defines, the information is protected by the following
methods:.
Show the following regarding the maximum item in the heapa. It mu.pdf
Show the following regarding the maximum item in the heap:
a. It must be at one of the leaves.
b. There are exactly [N / 2 ] leaves
c. Every leaf must be examined to find it.
Solution
Finding max element in min heap:-
a) every internal node(including root) in min heap is less than all its
childrens(childs,grandchilds,grandgrand childs..), so internal node should not be a maximum,
because there is a child which is greater than the parent, Hence , the maximum element must be
at one of the leaves.
b)Heap has a property, that is, it is left justified (leftiest) and complete tree, while inserting
nodes, we have to insert from left to right, and fill leftmost vacancy parent completely, before
moving to next parent, means you to assign the childs from left to right, if one parent has two
childs(completely filled) then move to immediate right parent and fill it,, because of this property
the heap has exactly [N/2] leaves..
c)so , we know that maximum element is one of the leaves, it may be any leaf node, we can\'t
skip any leaf node, because there is no pattern, hence we have to search every leaf to find the
maximum element...
Prepare for Week 2 Individual Assignment Financial Reporting Proble.pdf
Prepare for Week 2 Individual Assignment: Financial Reporting Problem, Apple Inc. Discuss
with your collaborative group how to develop a summary of findings and recommendations for
the Financial Reporting Problem, Apple Inc. Write a 175-word individual response. (No
discussion has been started.)
Solution
Financial reporting problem.
class GERONTOLOGICAL NURSINGJournal Article Summary AssignmentT.pdf
class GERONTOLOGICAL NURSING
Journal Article Summary Assignment:
The purpose of the journal article summary assignment is for students to improve their
knowledge of evidence-based geriatric nursing practice and evidence-based protocols.
Students will review evidence-based literature and reflect on how the literature impacts
their professional nursing practice. Students will summarize two articles published in a
peer-reviewed journal within the last 10 years. The journal articles must address the
geriatric population. Topics will be chosen from the provided list (unless prior approval is
given), and the topic may not be repeated on the two journal article summaries. The
student should summarize each article and discuss how the findings are significant to
clinical practice. Article summaries should use APA format (double spaced, but no cover
page) and should be no more than 3 pages. The two article summaries are 10% of the total
class grade (2 x 5%).
Journal summaries should use the following format:
• Purpose: Describe the purpose of the article/study.
• Strength of Evidence: Identify the type of evidence used to support the findings, and
the strength of the evidence. If the article is based on research, describe the study
design, setting, subjects, and sample size.
• Results: Summarize the findings of the study.
• Limitations: Identify study limitations that may weaken evidence or limit
generalizability.
• Significance: Describe how the findings are significant to geriatric nursing practice.
Do the findings represent a change in practice and how do the findings inform your
nursing practice (what did you learn)?
Topics for journal article summaries and class presentations choose one of those topic and APA
styles
• Pain
• Heart Failure
• Stroke
• Substance/Alcohol Abuse
• Urinary Incontinence
• Sexuality Issues
• Frailty/Fall Risk
• Iatrogenesis
• Sleep Disturbances
• Nutrition
• Hydration
• Orthostatic Hypotension
• Dementia
• Vision
• Hearing
• Polypharmacy
• Cultural Considerations
• Elder Communities
Solution
Ques-1: Purpose:
The purpose of the article is to examine the evidence-based practice of geriatric patients who
have been suffering from “urinary tract infection induced- urinary incontinence”. So that
catheterization of urinary tract have reduce urinary incontinence in geriatric patients thereby it is
essential implement to procedures to reduce urinary infection induced incontinence using
catheters for overflow incontinence
Ques-2:
Catheterization regimen:
\"RCT\" (simple randomized control design) and randomized trial: These two methods used
synonymously. However, it has illustrated that RCT is pertaining to trail design that include
control groups. In this design, patient groups who are receiving experimental treatment compared
with control groups (placebo groups).
In the above design it has clearly can be seen a randomized RCT was performed in two intensive
units of respiratory care of total 2990 bedded tertiary referral medical ce.
please explain any business entity with 2-3 paragraphs.Solution.pdf
please explain any business entity with 2-3 paragraphs.
Solution
A business entity is an organization created by one or more natural persons to carry on a trade or
business. Business entities are created or formed at the state level, often by filing documents with
a state agency such as the Secretary of State. Types of business entities include corporations,
partnerships, limited liability companies, limited liability partnerships.
Business entities are subject to taxation and must file a tax return. Some business entities are
considered for federal tax purposes to be not separate from its owner. Such is the case with
single-member limited liability companies and sole proprietors. The income and deductions
related to such entities are reported on the same tax return as the owner of the business. We call
these disregarded entities because the IRS \"disregards\" the separate name and structure of the
business.
A disregarded entity can choose to be treated as if it were a separate entity. This is done by
making an Entity Classification Election using Form 8832 and filing this form with the IRS. The
purpose of this form is to choose a classification other than the default classification provided by
federal tax laws.
For example, suppose John is the sole-owner of XYZ LLC. As a single-member limited liability
company, XYZ would be a disregarded entity.
The IRS would expect John to report his business income and expenses on a Schedule C filed
with his personal Form 1040. In other words, XYZ LLC is being treated as a sole proprietorship
by default. John could choose to treat XYZ LLC as if it were a corporation. To do so, he would
file the Form 8832 to make his choice known to the IRS.
Thus we distinguish between entities, which is the actual organizational structure created under
state law, from its tax classification. The confusion is that we use the same words for both
concepts.
Colloquially, when accountants talk about \"entities\" or \"entity returns,\" they are referring to
tax returns other than for individual people..
Patient PresentationThe patient is an 18-month old girl who presen.pdf
Patient Presentation
The patient is an 18-month old girl who presented unconscious at the ER with high fever (41.2°
C) and convulsive seizures. She was immediately intubated and sedated (diazepam 0.8 mg/kg)
and started on intravenous antibiotics (ceftriaxone 2 g/day, gentamicin 2.5 mg/kg, vancomycin
15mg/kg/ 8 hours). Her condition is currently stable.
Past Medical History
Patient history includes a diagnosis of cyanotic heart disease early in life during crying spells.
This led to diagnosis of an endocardial cushion defect, which was repaired surgically (Blalock-
Taussing shunt), and the patient healed appropriately. The patient had a previous septic infection
of Klebsiella pneumonia that was treated with antibiotics (cephalosporin) and resolved. Patient
has received no childhood vaccines, except first series of diphtheria/tetanus/pertussis.
Family History
The patient is the daughter of parents originating from southern Utah, and the parents are distant
relations. The patient had an older brother who died of overwhelming sepsis from Streptococcus
pneumonia infection at age 3, and currently has a newborn sister (8 weeks) who is healthy. The
mother recently stopped breast-feeding the patient due to the new baby, and the patient was also
recently enrolled in a day care program with other children. The parents have chosen to not to
complete vaccination of their children due to concerns that it might cause autism. Patient did
receive first series of diphtheria/tetanus/pertussis vaccinations.
Do you expect this patient to be suffering from systemic infection? Is an immune response
occurring? What based on their presentation and past medical history led you to your answer?
Please help.
Solution
NO, the patient is not suffering from systemic infection because as the name suggests that the
systemic infection spreads through the systems. The details stated infers that the child is having
febrile seizures that occur during high fever in children in young age.
Yes, there are chances of immune response as the child is having a high fever and has undergone
surgery for cyanotic heart and had a cardiovascular defect. The child has not vaccinated also as
per the vaccines available except the first dose of diphtheria/tetanus/pertussis. So the chances of
an immune response are higher as the child is having a high fever and does not receive the
booster doses of the given vaccines along with the other immunizations..
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Wednesday 22 May 2024, 14:00-15:00.
678020731-Sumas-y-Restas-Para-Colorear.pdf
KKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKK
Operation Blue Star - Saka Neela Tara
Operation “Blue Star” is the only event in the history of Independent India where the state went into war with its own people. Even after about 40 years it is not clear if it was culmination of states anger over people of the region, a political game of power or start of dictatorial chapter in the democratic setup.
The people of Punjab felt alienated from main stream due to denial of their just demands during a long democratic struggle since independence. As it happen all over the word, it led to militant struggle with great loss of lives of military, police and civilian personnel. Killing of Indira Gandhi and massacre of innocent Sikhs in Delhi and other India cities was also associated with this movement.
Biological Screening of Herbal Drugs in detailed.
Biological screening of herbal drugs: Introduction and Need for
Phyto-Pharmacological Screening, New Strategies for evaluating
Natural Products, In vitro evaluation techniques for Antioxidants, Antimicrobial and Anticancer drugs. In vivo evaluation techniques
for Anti-inflammatory, Antiulcer, Anticancer, Wound healing, Antidiabetic, Hepatoprotective, Cardio protective, Diuretics and
Antifertility, Toxicity studies as per OECD guidelines
A Strategic Approach: GenAI in Education
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
The approach at University of Liverpool.pptx
How libraries can support authors with open access requirements for UKRI funded books
Wednesday 22 May 2024, 14:00-15:00.
1.4 modern child centered education - mahatma gandhi-2.pptx
Child centred education is an educational approach that priorities the interest, needs and abilities of the child in the learning process.
"Protectable subject matters, Protection in biotechnology, Protection of othe...
Protectable subject matters, Protection in biotechnology, Protection of other biological materials, Ownership and period of protection
Supporting (UKRI) OA monographs at Salford.pptx
How libraries can support authors with open access requirements for UKRI funded books
Wednesday 22 May 2024, 14:00-15:00.
The Roman Empire A Historical Colossus.pdf
The Roman Empire, a vast and enduring power, stands as one of history's most remarkable civilizations, leaving an indelible imprint on the world. It emerged from the Roman Republic, transitioning into an imperial powerhouse under the leadership of Augustus Caesar in 27 BCE. This transformation marked the beginning of an era defined by unprecedented territorial expansion, architectural marvels, and profound cultural influence.
The empire's roots lie in the city of Rome, founded, according to legend, by Romulus in 753 BCE. Over centuries, Rome evolved from a small settlement to a formidable republic, characterized by a complex political system with elected officials and checks on power. However, internal strife, class conflicts, and military ambitions paved the way for the end of the Republic. Julius Caesar’s dictatorship and subsequent assassination in 44 BCE created a power vacuum, leading to a civil war. Octavian, later Augustus, emerged victorious, heralding the Roman Empire’s birth.
Under Augustus, the empire experienced the Pax Romana, a 200-year period of relative peace and stability. Augustus reformed the military, established efficient administrative systems, and initiated grand construction projects. The empire's borders expanded, encompassing territories from Britain to Egypt and from Spain to the Euphrates. Roman legions, renowned for their discipline and engineering prowess, secured and maintained these vast territories, building roads, fortifications, and cities that facilitated control and integration.
The Roman Empire’s society was hierarchical, with a rigid class system. At the top were the patricians, wealthy elites who held significant political power. Below them were the plebeians, free citizens with limited political influence, and the vast numbers of slaves who formed the backbone of the economy. The family unit was central, governed by the paterfamilias, the male head who held absolute authority.
Culturally, the Romans were eclectic, absorbing and adapting elements from the civilizations they encountered, particularly the Greeks. Roman art, literature, and philosophy reflected this synthesis, creating a rich cultural tapestry. Latin, the Roman language, became the lingua franca of the Western world, influencing numerous modern languages.
Roman architecture and engineering achievements were monumental. They perfected the arch, vault, and dome, constructing enduring structures like the Colosseum, Pantheon, and aqueducts. These engineering marvels not only showcased Roman ingenuity but also served practical purposes, from public entertainment to water supply.
Mule 4.6 & Java 17 Upgrade | MuleSoft Mysore Meetup #46
Mule 4.6 & Java 17 Upgrade | MuleSoft Mysore Meetup #46
Event Link:-
https://meetups.mulesoft.com/events/details/mulesoft-mysore-presents-exploring-gemini-ai-and-integration-with-mulesoft/
Agenda
● Java 17 Upgrade Overview
● Why and by when do customers need to upgrade to Java 17?
● Is there any immediate impact to upgrading to Mule Runtime 4.6 and beyond?
● Which MuleSoft products are in scope?
For Upcoming Meetups Join Mysore Meetup Group - https://meetups.mulesoft.com/mysore/
YouTube:- youtube.com/@mulesoftmysore
Mysore WhatsApp group:- https://chat.whatsapp.com/EhqtHtCC75vCAX7gaO842N
Speaker:-
Shubham Chaurasia - https://www.linkedin.com/in/shubhamchaurasia1/
Priya Shaw - https://www.linkedin.com/in/priya-shaw
Organizers:-
Shubham Chaurasia - https://www.linkedin.com/in/shubhamchaurasia1/
Giridhar Meka - https://www.linkedin.com/in/giridharmeka
Priya Shaw - https://www.linkedin.com/in/priya-shaw
Shyam Raj Prasad-
https://www.linkedin.com/in/shyam-raj-prasad/
Honest Reviews of Tim Han LMA Course Program.pptx
Personal development courses are widely available today, with each one promising life-changing outcomes. Tim Han’s Life Mastery Achievers (LMA) Course has drawn a lot of interest. In addition to offering my frank assessment of Success Insider’s LMA Course, this piece examines the course’s effects via a variety of Tim Han LMA course reviews and Success Insider comments.
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Mule 4.6 & Java 17 Upgrade | MuleSoft Mysore Meetup #46
Mule 4.6 & Java 17 Upgrade | MuleSoft Mysore Meetup #46
1. When do state courts of jurisdiction of a case When do federal c.pdf
- 1. 1. When do state courts of jurisdiction of a case? When do federal courts of jurisdiction over a case? 2. What is standing? Solution 1- The only cases state courts are not allowed to hear are lawsuits against the United States and those involving certain specific federal laws: criminal, antitrust, bankruptcy, patent, copyright, and some maritime law cases. In many cases, both federal and state courts have jurisdiction. Federal court jurisdiction is limited to certain types of cases listed in the U.S. Constitution. For the most part, federal court jurisdiction only hear cases in which the United States is a party, cases involving violations of the Constitution or federal law, crimes on federal land, and bankruptcy cases. 2-The legal right to initiate a lawsuit. To do so, a person must be sufficiently affected by the matter at hand, and there must be a case or controversy that can be resolved by legal action. There are three requirements for Article III standing: (1) injury in fact, which means an invasion of a legally protected interest that is (a) concrete and particularized, and (b) actual or imminent, not conjectural or hypothetical; (2) Causal relationship between the injury and the challenged conduct, which means that the injury fairly can be traced to the challenged action of the defendant, and has not resulted from the independent action of some third party not before the court. (3) Likelihood that the injury will be redressed by a favorable decision, which means that the prospect of obtaining relief from the injury as a result of a favorable ruling is not too speculative. Lujan v. Defenders of Wildlife, 112 S. Ct. 2130, 2136 (1992) (Lujan). The party invoking federal jurisdiction bears the burden of establishing each of these elements. Id. Standing is founded "in concern about the proper--and properly limited--role of the courts in a democratic society.