...The Insanity Defense The insanity defense refers to that branch of the concept of insanity which defines the extent to which men accused of crimes may be relieved of criminal responsibility by virtue of mental disease. The terms of such a defense are to be found in the instructions presented by the trial judge to the jury at the close of a case. These instructions can be drawn from any of several rules used in the determination of mental illness. The final determination of mental illness rests solely on the jury who uses information drawn from the testimony of "expert" witnesses, usually professionals in the field of psychology. The net result of such a determination places an individual accordingly, be it placement in a mental facility, incarceration, or outright release. Due to these aforementioned factors, there are several problems raised by the existence of the insanity defense. Problems such as the actual possibility of determining mental illness, justifiable placement of judged "mentally ill" offenders, and the overall usefulness of such a defense. In all, I believe that these problems, as well as others which will be mentioned later, lead us to the conclusion that the insanity defense is useless and should be abolished entirely. Insanity is a legal, not a medical definition. Therefore, mental illness and insanity are not synonymous: only some mental illness constitutes insanity. Insanity, however, includes not only mental illness but also mental deficiencies. Due to...
Words: 3143 - Pages: 13
...hospital’s failure to follow its own rules, regulations, and policies is evidence of negligence. 3. Discharge instructions can be construed to be part of a hospital’s rules, regulations and policies. 4. Unclear, or ambiguous discharge instructions can place the hospital at risk for increased liability for negligence if a casual connection can be made to a patient’s injury. Therefore, to protect itself, hospitals should be proactive in establishing clear discharge protocols and individualized discharge instructions. IV. Review of the Law In the case of Earline Therry, et al v. State of Louisiana, through the Department of Health and Hospitals and University Medical Center of Lafayette, Louisiana, a summary judgment was granted for the defendants based upon the plaintiff’s inability to establish a causal connection between a breach of the standard of care and any resultant injuries. In this case, Mrs. Therry accused the Defendants of negligence for allowing her to develop digitalis toxicity due to a one-day delay in returning to the hospital. Mrs. Therry’s discharge instructions stated to return to the emergency room if she had any problems. Mrs. Therry was discharged on two diuretics, possibly causing dehydration, which as one medical panel review board member concluded, could be a possible cause of the...
Words: 1888 - Pages: 8
...establish a status, a right, or a particular fact. CIVIL PROCEDURE CLASSIFICATION OF ACTIONS (A) As to nature ORDINARY ACTION Governed by rules. CIVIL ordinary SPECIAL CIVIL ACTION Also governed by ordinary rules but SUBJECT to specific rules prescribed (Rules 62 to 71). Special features not found in ordinary civil actions. RULE 1 GENERAL PROVISIONS Section 1. Title of the Rules The Rules of Court are not penal statutes. They cannot be given retroactive effect. They can, however, be made applicable to cases pending at the time of their passage and therefore are retroactive in that sense. Under the 1987 Constitution, the rule-making power of the Supreme Court has the following limitations: 1. It must provide a simplified and inexpensive procedure for the speedy disposition of cases; 2. Uniform for all courts of the same grade; and 3. Shall not diminish, increase or modify substantive rights (Art: VIII Section 5[5]). Section 2. In what courts applicable Section 3. Cases governed ACTION CLAIM An ordinary suit in a A right possessed by one court of justice. against another. One party prosecutes The moment said claim is another for the filed before a court, the enforcement or claim is converted into an protection of a right or action or suit. QuickT the prevention or redress ime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. of a wrong. APPLICABILITY: 1. Civil Action – one by which a party sues another for the enforcement or protection of a right or the...
Words: 40805 - Pages: 164
...No. 99-159C (Filed: July 13, 2001) __________ CENTEX CONSTRUCTION COMPANY, * INC., * * Plaintiff, * * v. * * THE UNITED STATES, * * Defendant. Summary Judgment; Contract Interpretation; FAR; Specifications and Drawings for Construction Clause; Detail in Drawing Held Part of Contract; Additional Compensation Denied __________ Gina M. Vitiello and Seth Price, Atlanta, Georgia, for plaintiff. Erin E. Powell, Civil Division, U.S. Department of Justice, Washington, D.C., with whom was Assistant Attorney General David W. Ogden, for defendant. ___________ OPINION __________ ALLEGRA, Judge: The basic issue in this case is whether the contract in question, to construct an addition to a Veteran=s Administration medical facility, required the installation of channel bracing in stud walls with door openings. If it did not, then plaintiff is entitled to additional compensation for ultimately having to install those braces; if the contract did so provide, then plaintiff is entitled to no compensation. After careful consideration of the briefs filed and the oral argument, and for the reasons discussed below, the court concludes that the contract required the channel bracing and, therefore, GRANTS defendant=s motion for summary judgment. I. Statement of Facts On or about September 30, 1993, the Department of Veterans Affairs (AVA@) entered into Contract No. V101DC0086 with Centex Construction Company, Inc. (ACentex@ or Aplaintiff@) to construct a clinical addition and Spinal Chord...
Words: 3145 - Pages: 13
...1. Employment law is rooted in which of the following: contract law & agency law 2. In Lemmerman v. A.T. Williams Oil Co. (1986), eight-year-old Shane Tucker was found to be an employee of the oil company where he slipped and hurt his hand because the manager had the authority to hire and fire employees for the defendant and the jobs Shane did were in the course of the defendant's business and he was engaged in doing them when he fell. 3. When can an employer ask questions regarding an individual's disability? after making a conditional job offer 4. Title VII of the Civil Rights Act of 1964 makes it unlawful for an employer to fail or refuse to hire or to discharge any individual, or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin. 5. Which of the following is an exception to the “at will” rule? express contracts, implied contracts, violation of statutes 6. A pattern that is the subject of efforts that is reasonable under the circumstances to maintain its secrecy, is an example of a trade secret 7. Which type of lawsuit occurs when one or more persons sue or are sued as representatives of a large group of persons similarly situated and interested in the outcome of the lawsuit? Class-action 8. In a discriminatory claim, a plaintiff must prove all of the following except: D (?) 9. Executive...
Words: 4387 - Pages: 18
...BAIL HEARINGS IN ALL CRIMINAL CASES IN STATE COURT The right to legal representation is generally accepted in the United States as a Constitutional right guaranteed to everyone. The Supreme Court promised the right to counsel to “ any person haled into court” in the infamous Gideon v Wainwright case. This case was instrumental in advancing the rights of indigent defendants through its proclamation that the Sixth Amendment right to counsel in criminal proceedings should also apply to State Courts. However, Gideon’s promise to counsel has yet to completely guarantee equal access to justice when first appearing at judicial proceedings in state courts. Although defendants who can afford lawyers will usually hire one from the onset of a criminal proceeding, the right to counsel for indigent defendants (i.e. a state-provided attorney) is interpreted as attaching at varying stages of a prosecution in different states. Only eight states guarantee indigent defendants the right to legal counsel at the initial bail hearing. Representation at the initial bail hearing is critical as a lawyer’s intervention is crucial for obtaining a defendant’s release and for protecting a defendant’s due process right (guaranteed in the Fourteenth amendment) against an unreasonable denial of liberty during pretrial detention. The lack of counsel in pretrial proceedings can result in numerous consequences; some include a high number of pleas being accepted as defendants are desperate to be released from...
Words: 7110 - Pages: 29
...Lesson 2 Case Study Your Name MS510: Human Resources Management Professor Louis Lopez January 27, 2015 Affirmative Action Plan Goals Evidence of Discrimination Introduce material here… Start the first sentence with the purpose statement followed by your introduction. Please post case studies in Turnitin Assignment Drop Box as a MS Word document. Remember, each case study must have the heading listed below and must be answered according to instructions; each heading is worth a percentage of each case grade. This is how I want your paper turned in. The introduction is generally one paragraph. The easiest way to explain this section is to think of it like an abstract or introduction. This section, if written properly, can actually act as the abstract for this paper. It will, in a sense, set up the rest of the paper, which is the review of the case, analysis, recommendations, and the summary and conclusions sections. If there is a second paragraph, it will look like this. An interesting APA fact is that there is only one space after the period. This is difficult for many to get used to and takes practice. The paper should be written in third person narrative. I do not want to see you writing in the first person. Note: I have bolded the required headings that must be present in the paper and please keep bolded. Answer the following questions by applying the concepts learned in Chapter 1. Also, conduct literature reviews on the subject of discussion and use to support...
Words: 918 - Pages: 4
...Issue: Under Title VII of the Civil Rights Act of 1964 can an employee who is African American demonstrate that her employer discriminated against her by failing to promote her to the position of senior control buyer, where she has seven years of experience in the retail catalog business, two years as a control buyer, trained new buyers, received a special achievement award for contributing to the positive profile of the company and where the person who was hired in her place has no experience as a retail buyer in the private sector and has been with the company for six months? Brief Answer: A court is likely to rule that Mrs. Pitman has been discriminated against under Title VII. Mrs. Pitman is able to prove each of the four elements of the test set out in Texas Dept. of Community Affairs v. Burdine, 450 U.S. 248 (1981). This test known as the McDonnell Douglass test is met when Mrs. Pitman shows that: (1) she belongs to a protected class; (2) she applied and was qualified for the job; (3) despite her being qualified she was rejected; (4) after the rejection the position remained open and employer continued to seek applicannot s. Mrs. Pitman is also able to provide statistical evidence of discrimination and evidence of discriminatory attitudes. Facts: Our client, Jenna Pitman, is seeking to file suit against J. Montgomery for a claim of racial discrimination under Title VII. The allegation stems from a denial of Mrs. Pitman's application for a promotion by J. Montgomery...
Words: 5593 - Pages: 23
...Week 1 Study Guide: Legal Forms of Business and Alternative Dispute Resolution Readings and Key Terms Ch. 3 of Business Law Pleadings Discovery Settlement conference Trial Rebuttal Rejoinder Appeal Alternative dispute resolution Arbirtration clause Federal Arbitration Act E-courts and E-dispute resolution Ch. 34 Entrepreneurship Sole proprietorship General partnership Limited partnership Limited liability partnership Limited liability company Corporation Ch. 35 Limited partnerships Special partnerships General partners Limited partners Revised Uniform Limited Partnership Act (RULPA) Ch. 36 * Corporation Articles of incorporation Corporation types Common stock Preferred stock Debt securities Debt instruments Dissolution Ch. 39 Limited liability company Limited liability company dissolution Limited liability partnership * Ch. 40 Franchise Distributorship franchise Processing plant franchise Processing plant franchise Area franchise Content Overview Judicial, alternative, and e-dispute resolution Pretrial litigation process Pleadings * Party who sues files complaint * Based on complaint summons is issued * Answer is provided by person being sued * Cross-complaint can be filed by person sued in which case a reply must be sent by the original party * Discovery * Deposition is taken, which is oral testimony given prior to the trial * Interrogatories...
Words: 968 - Pages: 4
...Week 1 Study Guide: Legal Forms of Business and Alternative Dispute Resolution Readings and Key Terms • Ch. 3 of Business Law o Pleadings o Discovery o Settlement conference o Trial o Rebuttal o Rejoinder o Appeal o Alternative dispute resolution o Arbirtration clause o Federal Arbitration Act o E-courts and E-dispute resolution • Ch. 34 o Entrepreneurship o Sole proprietorship o General partnership o Limited partnership o Limited liability partnership o Limited liability company o Corporation • Ch. 35 o Limited partnerships o Special partnerships o General partners o Limited partners o Revised Uniform Limited Partnership Act (RULPA) • Ch. 36 o Corporation o Articles of incorporation o Corporation types o Common stock o Preferred stock o Debt securities o Debt instruments o Dissolution • Ch. 39 o Limited liability company o Limited liability company dissolution o Limited liability partnership • Ch. 40 o Franchise o Distributorship franchise o Processing plant franchise o Processing plant franchise o Area franchise Content Overview • Judicial, alternative, and e-dispute resolution o Pretrial litigation process • Pleadings o Party who sues files complaint o Based on complaint summons is...
Words: 1050 - Pages: 5
...Crime victims rights Advocates for victims' rights have long complained that they have been sidelined by a criminal justice system that is focused on the interplay between the state and the defendant. With the enactment of the Victims' Bill of Rights Act of 2008, that is changing. The authors examine the current state of victims' rights, the evolution of the enforcement mechanisms, and the emerging role of the criminal practitioner in regards to these rights. [PUBLICATION ABSTRACT] Advocates for victims' rights have long complained that they have been sidelined by a criminal justice system that is focused on the interplay between the state and the defendant. With the enactment of the Victims' Bill of Rights Act of 2008, that is changing. The authors examine the current state of victims' rights, the evolution of the enforcement mechanisms, and the emerging role of the criminal practitioner in regards to these rights. [PUBLICATION ABSTRACT] You have requested "on-the-fly" machine translation of selected content from our databases. This functionality is provided solely for your convenience and is in no way intended to replace human translation. Show full disclaimer Neither ProQuest nor its licensors make any representations or warranties with respect to the translations. The translations are automatically generated "AS IS" and "AS AVAILABLE" and are not retained in our systems. PROQUEST AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING...
Words: 5571 - Pages: 23
...Chapter Study Questions Exam Five 2305 (Chapters 4, 5, and 9) The Enduring Democracy Third Edition, 2013-2014, Dautrich and Yalof, Cengage Publishing. Be sure to skip a line between the question and the answer and skip another line before the next question. Chapter Four: Civil Liberties 1. What are civil liberties and when did individual rights recognized by government first appear in a legal charter? What charter? 73 - Those specific individual rights that are guaranteed by the Constitution and cannot be denied to citizens by government. Most of these rights are in the first 10 amendments to the Constitution, known as the Bill of Rights. The original English legal charter, the Magna Carta of 1215. 2. How are civil liberties different from civil rights? 73 - Civil liberties may be distinguished from civil rights (sometimes called equal rights), which refer to rights that members of various groups (racial, ethnic, sexual, and so on) have to equal treatment by government under the law and equal access to society’s opportunities. 3. What were the Alien and Sedition Acts and were editors if newspapers actually jailed? 74 - Alien Act, which authorized the president to deport from the United States all aliens suspected of “treasonable or secret” inclinations; the Alien Enemies Act, which allowed the president during wartime to arrest aliens subject to an enemy power; and the Sedition Act, which criminalized the publication of materials that brought the U.S. government...
Words: 10537 - Pages: 43
...in American copyright law, there is no end to legislative,judicial, and academic efforts to rationalizethe doctrine. Its codification in the 1976 CopyrightAct appearsto have contributedto its fragmentation, rather than to its coherence. As did much of copyright law, fair use originated as a judicially unacknowledged effort via the law to validate certain favored practicesand patterns.In the main, it has continued to be applied as such, though too often courts mask their implicit validation of these patterns in the now-conventional "caseby-case" application of the statutoryfair use "factors"to the defendant's use of the copyrighted work in question. A more explicit acknowledgment of the role of these patterns in fair use analysis would be consistent with fair use, copyright policy, and tradition. Importantly, such an acknowledgment would help to bridge the often difficult conceptual gap between fair use claims asserted by individual defendants and the social and cultural implications of accepting or rejecting those claims. In immediate terms, the approach should lead to a more consistent and predictable fair use jurisprudence.When viewed in light of recent research by cognitive psychologists and other social scientists on patternsand creativity, in broader terms, the approach should enhance...
Words: 74799 - Pages: 300
...I. Justification of Punishment a. Theories of Punishment and Purpose of Criminal Law Sentencing i. Deterrence 1. Utilitarian concept, forward-looking, premise: humans will act in their own interest 2. Individual Deterrence: general public is protected 3. General Deterrence: helps to protect public at large, justified on grounds of 1) prevention of crime by threat of arrest, conviction, punishment 2) prevention of crime by strengthening of moral norms 3) prevention of crime by stimulating law-abiding contact based on the impulse to conform. 4. Criticisms: 1) ineffective in cases where criminal is motivated by emotional concerns 2) one person might be used as a means to an end in order to deter others and benefit society as a whole ii. Retribution 5. Premise: humans act under free will and must be punished when they choose to violate society’s norms, backward-looking 6. Based on proportionality of punishment: the evil done to the victim is paid back to the perpetrator iii. Rehabilitation/Reform 7. Criticisms: 1)allocating resources to those who least deserve them 2) remaking humans with what society deems is the best 3) assuming that humans can simply be reconditioned iv. Incapacitation 8. Renders def unable to cause further harm to society 9. Criticisms: 1) too costly 2) ineffective in reducing recidivism 3) further...
Words: 14497 - Pages: 58
...The Case of the Speluncean Explorers 01/21/2007 03:58 PM « zurück © 1949 by Harvard Law Review Vol. 62, No. 4, February 1949 The Harvard Law Review Association Cambridge, Mass., U.S.A. THE CASE OF THE SPELUNCEAN EXPLORERS by LON L. FULLER IN THE S UPREME COURT OF NEWGARTH , 4300 The defendants, having been indicted for the crime of murder, were convicted and sentenced to be hanged by the Court of General Instances of the County of Stowfield. They bring a petition of error before this Court. The facts sufficiently appear in the opinion of the Chief Justice. TRUEPENNY, C. J. The four defendants are members of the Speluncean Society, an organization of amateurs interested in the exploration of caves. Early in May of 4299 they, in the company of Roger Whetmore, then also a member of the Society, penetrated into the interior of a limestone cavern of the type found in the Central Plateau of this Commonwealth. While they were in a position remote from the entrance to the cave, a landslide occurred. Heavy boulders fell in such a manner as to block completely the only known opening to the cave. When the men discovered their predicament they settled themselves near the obstructed entrance to wait until a rescue party should remove the detritus that prevented them from leaving their underground prison. On the failure of Whetmore and the defendants to return to their homes, the Secretary of the Society was notified by their families. It appears that the explorers had...
Words: 13364 - Pages: 54
