...Medical Malpractice Statute of Limitations In this assignment we will cover the statute of limitations that govern medical malpractice. We will do such by identifying the statute of limitations placed on medical malpractice by Alabama and Massachusetts. We will discuss some of the similarities and differences between the two. The State of Alabama has very specific rules when it comes to the statute of limitations they impose on medical malpractice. In Alabama all actions against health-care providers must be filed within two years after the date of the injury occurred, or within six months of the date the injury was, or should have been, discovered. In no event may a suit be filed more than four years after the date of the act giving rise to the injury occurred. This limitations period applies to minors over four years of age. However, in the case of a minor under four years of age, that minor has until his or her eighth birthday to file a medical malpractice action In Massachusetts there are also certain statutes of limitations for medical malpractice that must be considered if filing a malpractice suit. All medical malpractice actions must be filed within seven years after the date of the act or omission giving rise to the injury with the exception of actiosn for a foreign object being left inside the body, in which case the limitations period begins to run when the plaintiff discovers or should have discovered the presence of the foreign object. For medical malpractice...
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...It is human nature to make mistakes; however, mistakes that cause harm to someone else could be considered negligence. In the case with Mr. Benson in the Neighborhood Newspaper article, a mistake was made that was irreversible. He went into the hospital to have his leg amputated, and the doctor amputated the wrong leg. The question is was the doctor negligent in his practice? Is the amputation of the wrong leg considered to be malpractice on the doctor’s part? This paper will differentiate between negligence, gross negligence, and malpractice. After differentiating between these terms, it will be determined if the doctor operating on Mr. Benson was considered to be negligent, gross negligent or was this mistake malpractice. To determine if the doctor who operated on Mr. Benson was negligent, the term negligent has to be defined. According to the Journal of Legal Nurse Consulting (2007), negligence is defined as the failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation, any conduct that falls below the legal standard established to protect others against unreasonable risk of harm, except for conduct that is intentionally, wantonly, or willfully disregardful of others’ rights. In Mr. Benson’s case, the doctor would be considered to be negligent. The surgeon did not act in the same way another surgeon, in the same practice would have acted. For some reason, not all the measures were taken to ensure...
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...as identity theft. Also, if hackers were to hack into the computer systems that control our infrastructure they could possibly turn off or damage our power grids or if they were to hack into the systems that control air traffic control, they could crash airplanes and disrupt travel for millions of people. On a larger scale if hackers were to hack into nuclear power plants they could possibly cause a nuclear meltdown. (GORMAN, 2009) Question 4: Criminal law statutes now protect your name and identity, your communications, and your ideas. Match each of these categories with the appropriate criminal law statute and explain how each statute can be violated. Name and identity = “Identity Theft and Assumption Deterrence Act of 1998” (Baumer, 2011). This statute protects individuals from having their identity stolen and used to commit a crime or make purchases in that person’s name that were not initiated by that person. Communications = “Electronic Communications Privacy Act of 1986” (Baumer, 2011). This statute was initially created to protect individuals from having the companies they worked for from spying on them and revealing information that they illegally obtained. This is a very good law and I personally run into this all the time as a systems administrator. For instance,...
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...The Role and Function of Law According to Melvin (2011), law is a body of rules of action or conduct prescribed by controlling authority, and legal binding force. Law also provides a mechanism to resolve disputes and allows parties to enforce order and judgment in a court of law. The most important functions of the law are to protect, install order, fairness, and it also identifies and punishes violators. The United States, a democratic nation, realizes the significance of law enforcement in the daily activities of citizens and businesses within its borders. Enforcing these laws are paramount as well as levying penalties to individuals who break them. This exercise produces fairness, and enhances orderliness. In the absence of law enforcement there would be chaos, and confusion. The law can be divided into several categories for effective enforcement. These laws include: Constitutional law, Common law, Statutory law, and Administrative law, just to name a few. The Constitutional law exists both on a federal and state level; it sets the premise for other laws in the nation. The Constitutional law is the supreme law of the land, among other things, the Constitution protects United States citizens from wrongful government actions (Melvin, 2011). For example the Fourth Amendment protects individuals against unreasonable searches and confiscations of properties. The common law, this law is made by the legislature, and the courts based on fundamentals of previous cases with...
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...First Response Discuss licensing statutes and the effect they have on contracts made by an unlicensed person. Distinguish between regulatory licensing statutes and revenue raising licensing statutes. The answer is contained in Chapter 11. A licensing statue requires that a person or company have a license from the government prior to engaging in their occupation or activity. All states have this requirement that applies to professions such as construction, engineers/ architects, hair dressers, CPA’s, doctors, nurses. The person or company applying for these licenses are required to show they have the proper schooling, experience and moral character. The licensee may also have to take a written examination before they are given this license. At work one of my responsibilities is to ensure that we have the proper permits/licensing for each state we perform work in. I have recently renewed licenses in 5 different states and can attest that on all of the license applications they request the schooling, experience and moral character information for all owners of a company (along with a 100 hundred other requirements) For example on the license application to be a General Contractor in SC moral character questions include; • Have you ever had a license, certification or registration cancelled, surrendered, revoked, suspended, restricted or disciplined by any federal, state or local authority or contracted without a proper license? If yes, attach explanation and give current...
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...expectations. Statutory Laws: Statutory laws are a set of written rules set down by the legislature. They are published in several forms by different publishers. Both the U.S Congress and the State legislatures enact these statutes either by bill or by joint resolution. Federal statutes take precedence over state statutes and state statutes over the common law. Statutory laws are inferior to constitutional laws and courts have to power to declare them unconstitutional. These laws are codified under titles describing areas of action to which they pertain to. If a statutory law needs to be cited in court, the official edition published by the Government Printing Office is used. A statutory citation has a volume number, the abbreviation “stat.” for Statutes at Large, and the page number where the law begins. For Example: Fla. Stat. § 776.013 (2009) § 776.013. Home protection; use of deadly force; presumption of fear of death or great bodily harm This statute was used in the case: State v. Smiley, 944 So. 2d 1027, 1028 (Fla. 4th DCA 2006). Case No. SC06-1237 Overview: In 2004, Mr. Smiley was charged with first-degree premeditated murder of Jimmie Morningstar, an occupant of his cab. He argued self-defense under the Florida statute § 776.013(3), Fla. Stat. (2005). Outcome: The outcome of the case was that the decision in the Fourth District was approved and the case was remanded with instructions to return the matter to the trial court. Administrative...
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...Participatory constitution making-process Acknowledgement Introduction………………………………………………………………………………….1 1. the need of constitution…………………………………………………………….4 2. models and process……………………………………….............................9 3. selected case study…………………………………………………………………..10 4. over-view of Ethiopia’s constitutional development………………..16 5. conclusion………………………………………………………………………………..20 6. bibliographies…………………………………………………………………………..21 My Perspective of over- view ✓ Depending on how our discussion will lead us, (basically how much we read and write) we can divide both the time we have and members into groups again as to make it inclusive on the work we do we can set up how many times we should meet each day ad also how long we should spend in the group session ✓ we should all have to agree before including a given task to a group as a final part of the paper this in would mean both the concept and the grammars should be seen carefully ✓ if a group’s task needs extra help we should all involve and get it through along the way ✓ under no circumstances we should rely to break the rules as it would mean in my opinion playing with fire ✓ each session is very important to get the paper done on time and not only attending but coming with the aforementioned task please see to it this is just my assumption do not be tempted to divert you ideas just because it’s printed...
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...Assignment 1 On 5 June 2012 the Governor-General gives her royal assent to new Commonwealth legislation, which says that no financial corporation can employ workers under the age of 17 years. On 17 July 2012, however, the Governor of New South Wales signs another bill allowing minors to work for such corporations under special conditions. Discuss the validity of the above hypothetical laws. In discussing the validity of these hypothetical laws, a number of issues must be addressed. Firstly, it must be found whether the laws are made within the authoritative powers dealt to the State and the Commonwealth, making them valid under the relevant provisions of the Commonwealth of Australia Constitution Act. If it is found that both the laws are valid in this sense, the issue will be whether the two laws are inconsistent with one another. Lastly, if it is found that the two laws are inconsistent, section 109 will come into force, rendering the state law inoperative. Is the Commonwealth law valid? To use s109 to invalidate a State law, first it must be found whether the Commonwealth law and the State law are valid. ‘If either is invalid ab initio by reason of lack of power, no question can arise under the section.’ A Commonwealth law is valid if it is made within the scope of power assigned to the Commonwealth under the Constitution. S51 (xx) of the Act states: Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good...
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...Common Law Common law is a system of law, which is developed by the judges through the decision of courts, which is generally seen as being opposed to the civil system, which consists of statues, which is adopted by the legislative process, which in turn is developed by the executive branch. Precedent or case law therefore constitutes the system of law. Some of the rules constituting common law that was not adequate to ensure justice as common law itself is not adequate are the damages, mistake, and undue influence which are sorted below as example: • Damages- While building a house, the contractor and the owner had a contract of making a building, which contained 20 windows, but the contractor ended up making only 18 windows. As the windows were not made as per the contract, the contractor need to either make the window as told or needs to pay certain amount as compensation to the owner so that the owner can ask other to do the work for which he needs to pay. So it is a damage that is faced by the owner and compensated by the contractor. • Mistake - as per given example in damages while building a house a contract is made as per building of the house with certain amount of money. So, as the owner of the house needs to pay money to the contractor as it was contacted before Rs.200000. so while paying the contactor by cash receipt, the owner signed the receipt only of RS.20000 without checking the amount signed the owner paid the contractor as well as the contractor didn’t check...
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...more of the British constitution is written down, however, they are not all written down in a single document like a codified constitution would require as how the US is, however draws from several different sources such as; statutes laws, common law, conventions, EU laws, authoritative documents etc. Statute law, is a written law passed down by parliament for example the human rights act of 1998 which brought the European convention on human rights into British law, conventions is another source of the British constitution, they are unwritten laws considered binding on members of the political community for example the Salisbury convention which made sure that the house of lords does not obstruct proposals contained in the governments most recent manifesto. Has the British constitution become increasingly codified? Its not the case that the British constitution is being written in a single document but in fact that more of the constitution is being written down as there is increasingly more written statutes that have great constitutional impacts as they are passed by parliament making them more rigid therefore harder to change as parliament has ultimate sovereignty, however you could say the EU laws are exempt from this, the significant examples of statute law with great constitutional impacts are such as the The Human Rights Act [1998]which was put in place under Tony Blair, the Human Rights Act enshrined into constitutional law basic human rights that appear as articles...
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...Memo To: The 2009 Client Files From: Susie Senior Re: December 2009 Reduction in Force/ Restructuring Background On December 14, 2009, the Company notified US and French employees that the Company would be reducing its workforce. For the US employees, this was communicated formally (writing) on company-wide and individual basis and those individual employees affected were terminated and revoked security access on December 14. For the French employees, this was communicated formally (writing) on a company-wide basis and informally (verbally) on an individual basis. Per French law, the Company was not allowed to fully terminate the employees on the date of notification. Instead, the Company submitted to the union employment committee the names of the employees it intended to terminate (those who were verbally notified on December 14). The union then had 30 days to notify the Company whether or not they agreed with the Company’s selections (based on experience, tenure, family status, health conditions, time to retirement, etc.) Should the union determine that an employee was not properly selected, they would notify the Company, and if the Company chose to continue to select that employee, it would open the matter to a separate settlement risk. The union came back on January 11 notifying the Company they agreed with all but one employee. The Company determined they would keep the employee in question on the list, and has reserved an additional settlement amount...
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...Assignment - Corporations Law Question 1 worth 25 marks James is a graphic designer and shareholder in Snowzone Pty Ltd (“Snowzone”) a profitable graphic design company. He holds 200 of the 1,000 issued shares. The other 800 shares are divided equally between the other 16 graphic designers in Snowzone. Two of these other 16 graphic designers are the directors of the company. James did not support the election of these directors but a majority of the other shareholders voted for them. The company has paid dividends to the shareholders from time to time but not for the last 3 years. Snowzone uses computer hardware supplied by Nicola Pty Limited. The 2 directors of Snowzone are in fact shareholders in another computer hardware supplier, Zabriski Pty Limited, and they, together with some of the shareholders of Snowzone favour a change in the hardware supplier to Zabriski Pty Limited. The directors accordingly call an extraordinary general meeting so that the shareholders can vote on a change of the hardware supplier. James has consistently voiced his opposition to a change to Zabriski Pty Limited. James has also recently begun contacting other shareholders seeking their support in requesting that the directors pay a small dividend in the current year. He has little success with the shareholders but still puts his proposal to the directors. Snowzone’s directors and the majority of shareholders, several of whom are relatives (family)...
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...What is Common Law Common Law is the system of laws originated and developed in England and based on court decisions, on the doctrines implicit in those decisions, and on customs and usages rather than on codified written laws. Common law is the body of law based on judicial decisions and custom, as distinct from statute law, and the law of a state that is of general application, as distinct from regional customs. What are the sources of American Law? American Law is actually a body of many laws emanating from many sources. Sources of law include: Common Law, Case Law, Statutory Law, Administrative Law, Court Rules and Constitutional Law. American law comes from a variety of sources: the Constitution, state constitutions, federal and state statutes, and case law. Understanding this is important because litigants must identify the source of law in their complaint to bring suit in federal court. Equitable remedies refer to specific types of remedies available in court cases that can only be granted by a judge. A judge will grant, or not grant, a given equitable remedy based on the circumstances of a particular case. The term equitable remedy comes from the old English court system where there were two courts: courts of chancery and courts of law. Under this system, people would go to courts of chancery if the law didn't really provide them with relief but they still believed they had been wronged. Equitable remedies were and still are about what is fair and right. ...
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...‘The UK constitution is no longer fit for purpose.’ Discuss The UK constitution gives too much power to the executive because of the fusion of powers which makes a parliamentary government; government is in control of parliament. The government of the day can simply pass, repeal or amend any laws; the proposals can also be constitutional changes. This could lead to the possibility of an elective dictatorship to take place, the government that has the majority and comes into power can make constitutional changes and pass any laws with the assistance of the party whip system it possible to make all MPs from the majority party to vote a certain way for example john major had expelled 8 anti-euro sceptic MPs to keep the conservative government united and to pass the laws. Although it can be argued that party whip system makes a decisive government, the MPs who are disciplined are forced to represent the party instead of their constituents. If there was to be a separation of powers it would ensure checks and balances and not give excessive power to government. Also a codified constitution will not allow the government of the day to easily repeal the current constitutional laws that are in place. The royal prerogative powers which was handed to the prime minister by the monarch is fundamentally undemocratic, it allows the government to declare war against anyone even if the public view differs. The public didn’t get to decide if the prime minister should have this power. It was...
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...The British constitution is becoming increasingly codified. Discuss. (25 marks) The British constitution as it stands is currently an uncodified constitution, this means that the basis of the UK consititution is drawn from a number of several different cources, some of which are written and some of which that are not,for example the main sources of the British constitution are: major consititutional documents, works of authority, conventions, statute law, European law, and common law. There is no one singular written constitution. This would be a codified constitution where all of the laws and rules of authority are written in one unified document, this form of constitution is, for example, within use in the USA. Although the British constitution is an uncodified one presently, it can be argued that it is becoming increasingly codified for several reasons. One of these reasons is due to the effects of our membership as a country in the EU, as of 1973. One of the effects that took place in UK politics after joining the EU was the introduction of the 1998 Human Rights Act. This would enshrine the already present convention within UK law, but would also effectively replace much of the common law within respect to various freedoms for the countries population, (for example the freedom from arrest without trial, which would later result in tension over terrorism and attempted terrorism, and the freesom of speech assembly). The introduction of the Human Rights Act in the UK increased...
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