...injuries and Scott Sell remain in intensive care. Dr. Lawrence Banta advised his parents that Scott passed away from his injuries. The Appellee declined an opportunity to view her son’s body and went home. The next day was spent making funeral arrangements for Scott. The following day the Sells arrived at the mortuary to view the body and realized it was not their son, but rather Jon Stones. The Sells immediately went to the hospital where a positive identification was made of Scott Sells and Jon Stones. Procedural History The Appellee brought suit against the Appellant citing negligent emotional distress caused by the Appellant mistakenly advising her of her son’s death. The jury in the district court for Adam’s County returned a $15,000 verdict for Joyce Sell. The hospital appealed and the Supreme Court held that Joyce Sell failed to present a prima facie cause of action for negligent emotional distress. This is due to the lack of evidence establishing a medically significant and diagnosable emotional harm. Issue Is the Supreme Court correct in its holding that the Appellee in this case failed to present evidence establishing a medically diagnosable and significant emotional harm as well as a prima facie cause of action for negligent emotional distress? Holding The court ruled the district court’s decision is reversed. The cause is remanded with directions to dismiss. Rationale The court referenced previous case Parrish v. Omaha Pub. Power Dist. in their decision...
Words: 732 - Pages: 3
...“Yang gathered into himself all that was bright and light. And, like a mist, Yang drifted upward into Heaven and became one with it. And Heaven became round.” (Rosenberg, 2006, p.345) It is also said, that Yang’s breath became hot and made fire and the sun, while Yin’s was cool and created water and the moon. From these came celestial bodies as well as different bodies of water, settling with their creators in Heaven and on Earth. The sheer essence of the Goddess Yin and the God Yang become the four seasons and from that comes all that is in existence, plants, trees, insects, humans etc. In this myth we see the two become separate entities that together form all of existence. The celestial beings and water together help to create all living things upon the earth that has been created. We see no destruction caused by the previous chaos, but the opposite, it is from the chaos that the God and Goddess are created and allowed to create life in many forms. In the Babylonian myth of the Enuma Elish it is taught that in the beginning only water and mist existed. Father Apsu ruled the sweet waters and Mother Tiamat ruled the salt waters. These bodies of water flowed together as one unit and the mist that resulted was their son Mummu. The blending of these waters resulted in the creation of Anshar and Kishar, who eventually parented the God of...
Words: 341 - Pages: 2
...years it had been said that abortion should not be legal. Many people feel aborting an unwanted child, or killing an unwanted child should be against the law. Many people don't' know what abortion is, who can receive abortions, and why people would even choose to get them. I feel as though a woman's body is her own to do with what ever she wants. Therefore, on the topic of abortions, I am pro-choice. Whether or not women have the right to have abortions is a controversial subject. Opponents of abortions believe that abortion is seriously wrong. The pro-choice movement argues that a woman has the right to control her body and can do anything she wants to it without legal agreements. It is a women's right to make decisions about their own bodies. Having control over their own bodies is an important part of the equal rights that women have fount for. Women have worked to hard for their rights and no one has the right to tell a woman what she can or cannot do with her body. Being Pro-choice is also shared by the United States Supreme Court who ruled in the 1973 case "Roe Vs. Wade" that women have the right to control their own bodies. Since 1973 the Supreme Court has never over ruled this decision. First of all, before a person makes a decision about abortions, they should know exactly what it is. The dictionary defines Abortion as: The termination of pregnancy and expulsion of an embryo or of a fetus that is incapable of survival. This simply means, inducing birth to kill the...
Words: 668 - Pages: 3
...Research Paper on legalized abortion In 1973 the Supreme Court ruled on a landmark case, Roe v. Wade. The case involved (Roe) a single pregnant woman who wished to obtain an abortion in the State of Texas. She brought a class action challenging the constitutionality of the Texas criminal abortion laws. The law makes it criminal for all abortions except when medically advised for the purpose of saving the life of the mother. Jane Roe sought an abortion because she was unmarried and pregnant and felt she should be able to receive a legal abortion by a licensed physician. The court’s decision has created a controversy in the United States that continues today. There is no other ruling that divides so many Americans by religious beliefs, family values, society as a whole and politics as the abortion ruling. The ruling came about based on numerous arguments revolving around the history of abortion laws, whether abortion should be protected under the right to privacy and whether the decision of abortion should be between the mother and the attending physician. The court ruled that the right to personal privacy includes the abortion decision. The court found that an abortion statute that forbids all abortions except in the case of a life saving procedure on behalf of the mother is unconstitutional based upon the right to privacy. However, it does allow for regulation of abortion when the statute is narrowly tailored to uphold a compelling state interest, such as the health...
Words: 2050 - Pages: 9
...in America is Abortion which is the medical procedure that is performed to terminate a pregnancy. Abortion is a huge moral issue in America that poses the question if it morally right or wrong. The research conducting in this paper will take a look at should abortion be legal or illegal, the Roe v. Wade case that has legalized abortion, the negative effects on woman who have an abortion, and the protest from those in the Christian religious community. Abortion is a medical procedure that is performed to end a pregnancy. Also known as induced abortion, because there are two types of abortion the other being spontaneous abortion, which is a miscarriage; “that occurs when a fetus or embryo dies in the mother's uterus and is expelled by the body” (Alters, Sandra M, 2008). Since pregnancy is lengthen by 9 months and is broken into 3 trimester each having 3 months, according to Sandra M. Alters in her 2008 published book entitled “Abortion—An Eternal Social And Moral Issue”, in 2003 88% of all induced abortions were performed during the first twelve weeks, or first trimester, of the pregnancy. There are two types of ways to have an induced abortion, one being the medial procedure, two the new found medication intake that allows one to take two pills few hours apart in one day. The result of the pill method is one day the pills are taken, the next day you deliver the dead fetus. According to an article written about Jennie Linn McCormack, who took pills to end her pregnancy and hid...
Words: 744 - Pages: 3
...resident and former felon, questioned the Body Armor Act's constitutionality and challenged the Commerce Clause's applicability to the statute. In 1999, police arrested Cedrick Alderman for robbery. Six years later, in 2005, police stopped Alderman, suspecting his involvement in illegal cocaine distribution. Alderman proved his innocence in connection with the drugs, but police charged him with violating the Body Armor Act. The Body Armor Act of 2002 pronounced that any guilty violent felon wearing body armor was breaking the law. When police stopped Alderman, they discovered he was wearing a bulletproof vest and therefore violating the statute. (http://www.cnn.com/2011/US/01/10/scotus.appeals.rejected/index.html) While possessing the vest was legal under Washington state law, wearing the vest given his criminal record was illegal under the Body Armor Act. A California company manufactured the vest in 1996, later selling it to a distributor in Washington state where Alderman eventually purchased it. The court never questioned this information nor did it accuse Alderman of buying the vest out-of-state or transporting it over state lines....
Words: 1626 - Pages: 7
...q) Define Metaphysical poetry answer) Metaphysical poetry is a form of poetry that has its roots in the 17th century England. The term Metaphysical poets was coined by the 18th century poet Samuel Johnson to describe a loose group of English poets of the 17th century, who were not affiliated with each other in any way. These poets were generally interested in metaphysical issues and even though they never read or saw each others works but all of them had a common method of examining these issues, hence a common ground in regards to the theme or topic of their work . In simple terms, the term Metaphysics is comprised of two words: meta and physics, Meta means beyond and physical means physical nature. Thus, Metaphysical poetry means poetry that goes beyond the physical world of the senses and explores the spiritual world. Poetry which deals with correlation between the real world and the after-world, concrete and abstract, soul and being, as well as reality and perception using philosophical methodology is called Metaphysical Poetry." The work of metaphysical poets was characterized by wit and the innovative use of metaphors, known as Metaphysical Conceits (elaborate and far fetched comparisons of two dissimailar things which have very little in common) and by speculation about topics such as love, life, god, religion and afterlife. The use of conceit in this form of poetry was made to develop a comparison which is exceedingly unlikely but is nonetheless intellectually...
Words: 451 - Pages: 2
...Is Selling Body Parts Ethical? Charles Collins ITT Technical Institute Is Selling Body Parts Ethical? There is a market out there for everything. This even includes a market for human and even bone marrow. Some of these organs are from donors who have voluntarily given up their organs. Most donations come from people who are still alive and received some type of gratuity. Now comes the question is the selling of body parts an ethical idea. Alternatively, should it be condemned as something immoral and wrong? On the other hand, should we see this as another way to help those who are in need? Now what would be a moral route to help those in need of organs? In general donating one`s organ is seen as praiseworthy. This route is accomplished by “willing” benefit of others after one`s death. A person may decide to dispose of his or her body by allowing it to be used to replace parts needed by the sick and suffering. This is seen as useful, morally irreproachable and even noble to most people “…we consider it noble to donate organs freely. It is better to give them away than receive compensation for them” (Mullin, D. 2013). In addition, such donation would not cause harm to the person, as they are already deceased and have (prior to death) stated the wish to have the organs harvested to help others. “… Most of us acknowledge the difference between giving something freely and exchanging it for monetary gain”, as said by Daniel Mullin (2013) philosopher, recent PhD, and a former...
Words: 1586 - Pages: 7
...Johnson, 491 U.S. 397 (1989) PA 205: Introduction to Legal Analysis and Writing, Unit one, Assignment 1). The case study references section 42.09 (a) (3) of the Texas Penal Code. The statute prohibits the desecration of a venerable object. 2). Legislative 3).The passage discusses the court case that involved State V. Johnson (Gregory Lee Johnson). 4). The three courts that heard this case: 1). Texas Court of Criminal Appeals (most authority) 2). Texas Court of Appeals 3). Dallas County Criminal Court (least authority) 5).Texas v. Johnson, 491 U.S. 397 (1989) 6). The Texas statute was struck down since the Supreme Court ruled it was inconsistent with the First Amendment. 7). Statutory laws are laws passed by sending a bill by passing it through a legislative body. Statutes are created when original court cases are heard and ruled upon. Case law is created by rulings that are a result of examining statutes. Case law can either uphold the original statute or strike it down. Case law turns out to be an interpretation, or a “second look” at statutes, determining whether or not they uphold the U.S. Constitution. Statutes can be either struck down after interpretation or continue to be enforced. If someone challenges the statute, it could travel all the way to the Supreme Court to be interpreted. The Supreme Court can provide a decision whether that statute is being applied in a constitutional manner. The state tried Johnson with a statute that eventually...
Words: 516 - Pages: 3
...Beach. The case goes as follows….Jay Crocker’s body was found on fire by rescue workers in an alley in West Palm Beach on December 5, 1995. He remained unidentified for three days when a hotel clerk contacted the police telling them that the person who checked into a room there had not returned since the body was found burning. He speculated that the body could be the guest who hadn’t been seen since he checked in on December...
Words: 1789 - Pages: 8
...Stephens 1 Before Jainism evolved all of India was Hindu. India was divided into several independent City States ruled by “Kings who ruled over these Democratic independent City States” (Shah 101). Although Kings were political rulers, court priest ruled over the religious and spiritual decisions of the City States. These priests were called “Brahmin priest”. “These Brahmin priest conducted animal sacrifices for their kings so that the latter could gain entry to heaven, beget a son, get a kingdom, or a bridegroom for their daughters. The sacrifices were for God or for the Gods of rain, water, or fire, and etc” (Shah 101). The result of the Brahmin priest animal sacrifices created Jainism and even Buddhism to develop in India. The births of these two religions created a revolt against the Brahmin tradition of killing any living soul. Initially the Brahmins ignored the uprising of Jainism and Buddhism but it quickly begun taking an interest in India. “Jainism spread first predominately to the south and then northward to come to Gujarata on the west coast, which is the main center of Jainism today” (Shah, 101). Jainism is a “religion that has developed over 2500 years ago in India around the 6th century BCE This is about 500 years before Jesus Christ and about 1100 years before the prophet Muhammad and Islam” (Shah 100). The birth place of Jainism was in a State in Eastern India called “Magadha”. “Jainism started by Lord Mahavira (Maha = great, Vira= a warrior), the founder...
Words: 711 - Pages: 3
...leukemia and had his infected spleen removed. He had blood, bone marrow, skin and sperm extracted and thought they were necessary to monitor his condition. His physician then patented and commercialized his cell line from those extractions. Moore sued the UCLA and physician for lack of informed consent and breach of their duty. In this case, the court ruled in favor of the physician and University of California that Moore had no initial interest in property and financial profit of the samples taken from his body, so he could not share the commercial profit of the research....
Words: 521 - Pages: 3
...Tron Riley Amanda Jones Constitutional Law 2016 12 April 2016 Topic 9: Reverse Discrimination The claim of reverse discrimination is full of multifaceted intricacies that ultimately reserve it as a question with no apparent say-all answer. Since the 1970s, cases of reverse discrimination have been widespread among Americans who feel that affirmative action is no longer necessary. On the one hand, Americans feel as if the affirmative action dogma is wasteful in leveling the playing field for minorities and instead creates an unfair prejudice to particularly White Americans. The reverse side of that argument is that the affirmative action notion corrects the incongruities of opportunities for underrepresented minorities who may have not otherwise had any privilege to certain employment, school admission, and/or societal benefits. Cases such as University of California v Bakke, Grutter v Bollinger, and Fisher v Texas have been cognizant of the resourceful means of the affirmative action notion and its implementation. However, cases like City of Richmond v Crosan and Adarand v Pena have been unsympathetic of the affirmative action idea and reject its practice. I tend to disagree with the verdicts delivered in both City of Richmond v Crosan and Adarand v Pena for reasons that allude to the upward mobility of historically oppressed people. In 1978, Allen Bakke applied for admission to the University of California twice and was rejected both times. The school admitted that...
Words: 1271 - Pages: 6
...broken and helps revise how society has become what it is today over time and how these things were discovered by examining the body of Ramses II . Back thousands of years ago society lived by the great chain of being which divides the community into having high and low status, through the examination of Ramses II has allowed us to enter a deeper understanding of the chain, Ramses II was the king of Egypt and ruled over everything, his high status was seen through the comparison of his tomb to the tomb of people who lived around the same time as him although had a lower status, consequences of breaking the chain of great being was very sever, robbery resulted in getting your hands chopped off, the great chain of being has come a long way from being ruled by kings to having a government rule the country, the great chain of being has come a long way, we now have put this great event on the timeline of history through the study of human remains. Before all these technological advances have come about there has always been life before that, with the study of human remains we know not what life was like thousands of years ago, with the study of human remains we were able to understand the lifestyle of the past. Many scripts and diaries were very hard to preserve and did not give archaeologist enough information needed where as examining remains of bodies gave us enough information to comprehend the life of the past. Technological advances play a huge role in history, going from...
Words: 401 - Pages: 2
...to remove executive branch officials, without the consent of the legislature. The Humphrey’s Executor case ruled the president does not have the power to remove officials who are not under the executive branches power. I believe that these rulings are consistent with presidential authority according to Article II in the Constitution. The President has free and exclusive powers to remove his representatives without the approval of Congress. This can include any high-ranking officers who act on his behalf, ex. Secretary of State, and other executive branch officers who are working in other duties. This absolute removal power was a necessary effect of the Constitution’s 2nd article, which grants to the President total administrative control of those who execute the law....
Words: 646 - Pages: 3
