Mr. A, a national of State X which is a party to the International Covenant on Civil and Political Rights and its first Protocol, was arrested by the police in October 2005 in the context of terrorist bombings that took place in the capital of this state and have left many people killed or seriously wounded. Mr. A was beaten up,
1.What are the elements of a negligence cause of action? "The elements of a cause of action for negligence are 1) legal duty to use due care; 2) a breach of that duty, 3) a reasonably close casual connection between that breach and the plaintiff's resulting injury, and actual lost or damage to the plaintiff." (Mathews and Lancaster, 1981). 2.Describe each one and give an example. Due Care is classified as an individual or business owners responsibility to foresee potential danger and acts in accordance with all practicality, laws, regulations etc. to prevent injury to innocent bystanders and/or patrons. Example: A restaurant owner instructs an employee to mop the floor (note: if floors are wet and a patron slips and falls the organization would be liable for all damages if the patron was unaware that the floor was wet), due care is exercised when the owner/manager insists that the worker puts cones around the mopped area that states that the floor is wet to inform patrons to use caution when walking in or around the mopped area. Breach of Duty-Duty is considered breached if the individual knowingly exposes one to be harmed knowing the consequences. "A defendant who did not realize he was exposing another to harm, but should have recognized the probability that any reasonable person would have recognized has breached his duty as well." (Shestokas, 2009). Example: A medical facility that does not take the necessary precautions to ensure the patient's safety. For instance, the Endoscopic center in Nevada came under scrutiny for nurses and MA's (medical assistants) reusing disposable needles on patients which resulted in infecting patients with Hepatitis C. The organization knows that reusing needles on a plethora of patients is wrong and hazardous therefore they neglected their obligations as healthcare professionals and have since then closed their practice.
1.What are the elements of a negligence cause of action? "The elements of a cause of action for negligence are 1) legal duty to use due care; 2) a breach of that duty, 3) a reasonably close casual connection between that breach and the plaintiff's resulting injury, and actual lost or damage to the plaintiff." (Mathews and L
Facts: A well-known pharmaceutical company, Robins & Robins, is working through a public scandal. Three popular medications which they sell over-the-counter have been determined to be tainted with small particles of plastic explosive. It has not yet been determined where the plastic explosives came from, but over $8 million in
TCOs F & G. Laura Etheridge and Rita O'Donnell, the CEO and Creative Director of Clean Clothes (a Texas based lesbian women's clothing line) brainstormed together and came up with a tagline for their new slacks line: "Masculine Attitude, Feminine Fit." They market the product on YouTube, Twitter, and Face Book showcasing th
How has the Sarbanes-Oxley Act of 2002 changed the need for the internal audit function?
1. What is the burden of proof in a criminal case? What is the burden of proof in a civil case? Which is the higher standard? Why? 2."The duty of care unfairly burdens business owners." Start by defining duty of care. Then debate this statement using appropriate examples. 3. Ruth carelessly parks her car on a steep h
Tort relates to civil wrongs that do not originate from contracts. One of the types of torts is those that emerge from negligence. Negligence is a tort in which the plaintiff seeks monetary damages. In case of negligence, the plaintiff needs to indicate that all the elements of negligence tort are present otherwise he loses the
Detailing the essential elements of a contract.
What are the implications of the Medicare Modernization Act of 2003?
4. If you were the HR/safety manager in your organization how would you go about minimizing the occurrence of unsafe acts on the part of employees? 5. What are some future trends and challenges for human resource (HR) management? What can HR do to support the organization's strategies for growth and quality? How can techn
2. What issues involving power and politics are involved in moving from a setting that encouraged faculty empowerment to one that required much more standardization of instruction? How would you deal with those issues if you were involved in university administration? Besides a poor fit between course design and the instructo
Will E. Chancit, a 36-year-old attorney, was killed when his Ford Fairlane collided with some metal fence on the Harbor Freeway in Los Angeles. He was traveling at a speed between 50 and 70 mph. What happened was this: a city of Los Angeles construction crew had placed a "left lane closed ahead" sign with a "60 mph" speed lim
Define the objectives of modern income tax statutes. (at least 3) Compare and contrast GAAP and tax accounting. Explain why they are different. (at least 3) Differentiate between tax avoidance and tax evasion. Research your readings, the Internet, and other resources to support your argument. about 400 words, three ref
1. To what extent should "Speech" over the Internet be regulated? Should the Internet be treated like television, or should different standards apply? Or is the Internet more like print media such as books or newspapers? How does Business 'speech' differ from an individuals 'speech'? Give reasons for your positions. 2.Bo
-Main theme/purpose To understand the importance of crowd management and to identify the ramifications associated with inadequate crowd management and crowd control. Event coordinators assume liability if an event turns into a chaotic episode for whatever reason. For example, a fight breaks out at a nightclub, someone pulls out a gun and starts shooting. An innocent bystander falls as a result of the commotion and gets trampled on and killed instantly. If there is inadequate crowd management, more than likely the club will be fined or shut down. In essence, this study's main objective is to examine inadequate crowd management, review legal documentation about the positive/negative impact of crowd management, identify who may be liable for any damages i.e. bodily harm, and damage to possessions, etc., and to make recommendations on how to enhance crowd management procedures to minimize adverse effects of the loss of control of a crowd.
-Main theme/purpose To understand the importance of crowd management and to identify the ramifications associated with inadequate crowd management and crowd control. Event coordinators assume liability if an event turns into a chaotic episode for whatever reason. For example, a fight breaks out at a nightclub, someone pulls
Analyze and describe the major concepts behind worker compensation laws, and how they work in the fire service environment. Explain the reasons for the Occupational Safety and Health Act (OSHA) of 1970. Define the organizational structure and authority of OSHA, and discuss how they relate to fire service safety programs. Resp
Contract Management Maturity Model (CMMM). Please use in text citation and scholarly references to support your position.
Discuss Chapter 13 (The Contract Management Maturity Model) of Gregory A. Garrett, World Class Contracting 4th ed. Support your position through meaningful discussion. approx 400 words, 3 references
Explain how laws and regulations effect total compensation in an organization of about 200 people, with federal contracts in the bio-tech industry
Assume the role of an HR consultant. Unsure of their legal obligations in designing a total compensation plan, the client has enlisted your help in explaining how laws and regulations effect total compensation in their organization. The client organization employs 200 people, is a federal contractor, and operates in the bio-tech
Define the principle of non-refoulement. What is its standing in International Law? What purpose does it serve in refugee law and protection? Does it apply to asylum-seekers as well as refugees? Discuss its evolution in light of all relevant international instruments. Discuss its standing in, and application by, the United
Please help me with some ideas addressing the following and provide some additional sources. a) Compliance and Legal Considerations b) Information Management and Technology c) Internal Control and Evaluation d) Leadership
Please read the case and respond to the three questions at the bottom. Michael A. Smyth v. The Pillsbury Company Michael Smyth worked for the Pillsbury Company. Pillsbury installed an electronic mail (e-mail) system in order to "promote internal communications between its employees." Pillsbury told its employees that e-m
What was your BATNA (Best Alternative to a Negotiated Agreement)?: An Explanation of the Decision-Analytic Approach
We have each had to negotiate during the process of purchasing a home or automobile. Analyze the last major purchase that you were involved with and discuss that purchase in terms of the decision-analytic approach. What was your BATNA and how did that come into play?
Paradoxes and Leadership Roles: Assessing and Developing Managerial Competence Alan T. Belasen, Ph.D. The importance of managing paradoxes increases with the complexity of organizational environments. Organizational environments are more dynamic and uncertain due to increased globalization, shorter product cycle time, intense
The things on the following list are wrong but have been taught as truths to children in schools and have been announced as true by politicians and the media who want to manipulate you and control your life and pull your strings as if you are a puppet. Your assignment is to find one or more of the things on the list that you
Please read the case and answer the 3 case questions. United States v. Professional Air Traffic Controllers Organization 653 F.2d 1134 (7th Cir. 1981) State and federal employees have not always honored the prohibition on striking. While many ignored the prohibition, probably the most famous example occurred when the fede
What are the similarities and differences among the constitutional, statutory, and common laws protecting employee privacy? Do employees today have a right to privacy in the work place? Identify areas in which an employee's privacy can be compromised. What can an employer do to ensure the employee's privacy is protected?
The United States declared that the provisions of articles 1 through 27 of the International Covenant on Civil and Political Rights are not self executing. Please discuss and expand with cases and examples. What does this declaration mean? And is it valid under International Law? Please support with cases and logical argumen
How does policy-oriented jurisprudence define law? In what articles of the 1948 Universal Declaration of human rights are the eight values of a world order of human dignity reflected? Expand on those articles, and support answer with certain cases in that regard. What are the major innovations of the 2007 UN declaration on
1. What is a BFOQ? Describe the circumstances under which gender, age, or religion could be a BFOQ. What are some examples of a questionable BFOQ? 2. Matthews, a prolific shoe buyer, refuses to be waited upon by male shoe store clerks. The owner of Shoes R Us, therefore informs all of his male clerks that they may not wait o
Consider the best evaluative approach to be used for the employment selection process. Consider interviewing techniques, tests and other selection processes and techniques that can be used to determine the best candidate. Identify how to develop the selection criteria and then how to ensure that the candidate meets the standard