...Civil Procedure v. Criminal Procedure ENC 1102 34 Week 11 Individual Work Civil Procedure v. Criminal Procedure Civil procedure relates to the process where two parties bring a case to the court for a decision on a particular problem. These problems can include but are not limited to divorces, estate distribution, work men’s comp., injury cases, or even matters such as discrimination in the workplace. Criminal procedure applies to the process where the state or federal government is charging and trying someone for a crime that was committed (Civil Procedure, 2012). The rules in civil procedure are different than those in criminal procedure because the actions that need to be taken are different. Firstly, civil procedure requires that a civil case must begin by filing a complaint. The complaint is then, served to the offending party. Once the defending party receives the complaint, they then drafts and files an answer with the court. A party in a civil case can be anyone including people, businesses, and government personnel. When the parties go in front of the court in a civil case, it is to determine whether a person was injured and if they were injured, how much should be compensated for that injury. All of this information pertaining to the civil case is specifically drafted into the court documents (American Bar, 2012). Civil cases, also, have some Constitutional protection in place. For example, the parties involved in a case must file and receive consent of the...
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...University of Wolverhampton Staff Exit Procedure Staff Exit Procedure Introduction This document is intended to provide guidance to line managers for the actions required and issues to consider when a member of staff leaves the University. These arrangements apply to all staff-type accounts, including affiliates, temporary staff and work placements. Activities can broadly be split into five categories: Admin Procedures & Forms Planning Complete paperwork to ensure correct administration on Payroll and HR systems To think about the impact that the member of staff’s departure will have on departmental operations and plan accordingly Important physical documents and files are identified and handed over to a nominated individual. Ensure data stored electronically is weeded and retained if appropriate. This includes arrangement for email and the member of staff’s IT account Ensure any University property assigned to the member of staff is recovered Documents IT Account – (Data Storage & Email) Property 1. Admin Procedures & Forms 1.1 If the member of staff is leaving the university, upon receipt of written notice, a PERS025 Termination form must be completed and passed to the Dean/Head of School/Service before being forwarded to the Personnel Department. 1.2 If available, the original PERS039 form created when the member of staff commenced employment should be obtained from the member of staff’s file or a new (revised 2009) form created. The PERS039 form should be...
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...Park Peter Park Sacramento State University Professor Kubicek, Laurie CRJ 121 - Structure and Function of the American Courts 10 November 2015 1 Running head: COURT OBSERVATION Park 2 There is different behavior in which the United States' Criminal Justice System may be knowledgeable about each of its three-prongs of executive, judicial, and legislative parts. In particular, the judicial procedure can be particularly confusing and involve a wide assortment of encounters and sentiments as individuals are pushed through the framework once they are put into it. Customarily, individuals are very nearly in an exacting sense "pushed" through the framework as they regularly turn into an unimportant instrument moving down a transport line in a production line. The encounters of individuals who enter through the legal procedure may be effortlessly seen in the court by any onlooker. While as an onlooker, one is not getting the immediate experience of being a litigant or casualty, it is not hard to understand the emotions that get from court procedures by seeing them. The run of the mill sample of the production line like framework is most unmistakably seen amid arraignments. It is likewise where a lawyer will be formally informing the court that they are speaking to the litigant. While on the books it seems like a generally clear strategy, practically speaking, it is normally experienced to be perceptibly diverse. As I have watched, these occasions do happen...
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...Perin v. Hayne The case, heard in the appeal court from a directed verdict for a malpractice allegation. The plaintiff suffered from two protruding disks of the fifth, and sixth cervical interspaces that caused her to suffer with pain. Dr. Hayne performed the cervical fusion of disks, and the surgery was successful in eliminating her pain. However, the plaintiff alleged, the defendant injured the right recurrent laryngeal nerve during surgery. The plaintiff’s voice reduced to a hoarse whisper because of the operation. The plaintiff sues for damages on four theories: specific negligence, breach of express warranty, res ipsa loquitur, and battery or trespass. An expert witness claimed the procedure of the surgery would be unusual to disrupt the laryngeal nerve during this type of surgery. The defendant testified that the plaintiff’s laryngeal nerve might have been extremely sensitive to this type of injury. Due to insufficient evidence on all four theories, the case was in favor of the defendant by directed verdict. The appeal court affirmed. Describe the advantages of incorporation as opposed to organization as a partnership....
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...Effective Meetings Contents Planning Your Meeting Parliamentary Procedure Agendas Minutes Committees Role of Chairperson Meeting Personalities Effective Meetings is an update of the original resource package produced through the efforts of Karen Jensen and the Recreation Resource Development Section of the Department of Fitness, Recreation and Sport, [1982]. Disclaimer All information is believed to be accurate and reliable. We will make changes, updates, and deletions as required and make every effort to ensure the accuracy and quality of the information provided. However, the Province of Manitoba and Recreation Connections Manitoba assume no responsibility for any errors and are not liable for damages of any kind resulting from the use of, or reliance on, the information contained herein. Table of Contents Reasons for Ineffective Meetings ..................................................................................................1 Checklist ..........................................................................................................................................2 Types of Meetings ..........................................................................................................................3 Parliamentary Procedure ...............................................................................................................4 Tips for an Effective Meeting ......................................................................................
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...Florida Statutes, chapter 245.06 states, Unclaimed dead bodies; disposition, procedure.--All public officers, agents or employees of every county, city, village, town or municipality and every person in charge of any prison, morgue, hospital, funeral parlor or mortuary and all other persons coming into possession, charge or control of any dead human body which is unclaimed or which is required to be buried or cremated at public expense are hereby required to notify, immediately, the anatomical board, whenever any such body or bodies come into its possession, charge or control. Notification of the anatomical board is not required if the death was caused by crushing injury, the deceased had a contagious disease, an autopsy was required to determine cause of death, the body was in a state of severe decomposition, or a family...
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...Supreme Court of the United States, In the case of the Supreme Court of the United States, Michael D. Crawford v. Washington. Michael Crawford was tried for assault and attempted murder for stabbing a man who was named, Kenneth Lee. Crawford stabbed Lee at his apartment on on August 5,1999. Police arrested petitioner later that night. Crawford claimed he had acted in self-defense when he believed Lee had picked up a weapon. Lee denied doing anything that might make Crawford believe he was trying to attack him. Michael Crawford contended that Lee had attempted to rape his wife, Sylvia. The police arrested him for the stabbing, and after giving both Michael and his wife, Sylvia, Miranda warnings, they interrogated both husband and wife twice. The statement Michael challenged under the Confrontation Clause came from a tape recorded interrogation of Sylvia. In her second interrogation, she gave a version of the fight between Michael and the alleged victim that at least appeared inconsistent with her husband’s self-defense claim. Sylvia’s tape recorded statement was introduced at trial against Michael even though he had no opportunity for cross examination. In reviewing the statement’s admission by the trial court, the Washington Court of Appeals and Washington Supreme Court applied slightly different tests grounded in the framework described by...
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...developed by courts of equity, and it is typically raised in cases where a plaintiff has delayed her suit without good reason. Petrella raises two big questions about how laches fits into contemporary American law. One is whether it applies to all claims or only to equitable ones.2 The other is how it is affected by a federal statute of limitations. Is laches displaced, on the theory that Congress has spoken by enacting the statute of limitations, so that it would violate the separation of powers for a court to substitute its own equitable doctrines? Or does laches remain and coexist with the statute of limitations on the theory that Congress legislates against the background of traditional equitable principles? * Assistant Professor, UCLA School of Law. Thanks for comments are due to William Baude, Nathan Chapman, Patrick Goodman, Doug Laycock, Michael McConnell, Seth Barrett Tillman, and David Waddilove. 1. Petrella v. Metro[Goldwyn[Mayer, Inc.,...
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...posted to a publicly accessible website, in whole or in part. ii PART I Introduction to Civil Litigation Contents Introduction ............................................................................................................................................iv PART I INTRODUCTION TO CIVIL LITIGATION CHAPTER 1 CHAPTER 2 Litigation and the Paralegal..................................................................................................................1 The Courts and Jurisdiction .................................................................................................................2 PART II INITIATING LITIGATION CHAPTER 3 CHAPTER 4 CHAPTER 5 CHAPTER 6 CHAPTER 7 Preliminary Considerations and Procedures.......................................................................................9 Investigation and Evidence .................................................................................................................10 The Complaint......................................................................................................................................12 Responses to the Complaint ................................................................................................................18 Motion Practice ....................................................................................................................................23 PART III DISCOVERY CHAPTER 8 CHAPTER 9 CHAPTER 10 CHAPTER 11 CHAPTER...
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...VIRGINIA PROCEDURE OUTLINE CHAPTER I: EXTRA-JUDICIAL PROCEDURES Note: These Procedures take place without the participation of a judge or the court 1) Self Help a) Predates existence of the organized state b) Now greatly discouraged because police power of state more effective i) Discouraged, superseded in practice, and restricted by law now. c) Situations when available: i) Available in debtor-creditor situations where debts are voluntarily paid when they are due (most pay when get into financial position to pay) ii) When possession of goods bailed are returned to the Owner when the period of the bailment ends. iii) When debtor intentionally refuses to pay or neglects to pay creditor may resort to self-help to get paid. 1) May be independent or in conjunction with litigation. d) Usually attempt to get debtor to pay voluntarily before seeking assistance of the court. e) Repossession i) Allowed at common law where it can be accomplished without breach of peace. ii) Person disseised and dispossessed of land an reenter w/o a court order unless would involve breach of peace iii) Repossession of chattels is allowed where they have been: 1) Loaned, hired, bailed, lost and found, or stolen and wrongfully detained from the O provided it is done w/o ab reach of the peace. 2) Person may recover own chattels from land of the wrongdoer, but to do so from the land of a 3P would be trespass 3) Hunters...
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...Radoff for abuse of process. Is Radoff protected by derived judicial immunity? Rule: Derived judicial immunity attaches to the delegation, appointment or court employment of a person acting in such capacity. Test: Is the person seeking immunity intimately associated with the judicial process and does that person exercise discretionary judgment comparable to that of the judge? Application: A court-appointed receiver acts as an arm of the court and is immune from liability for actions grounded in his conduct as a receiver. Conclusion: The trial court properly granted summary judgment on Radoff’s motion for summary judgment. Appellate courts are concerned with correcting errors in the application of the law or procedures The Federal Courts Federal District Courts The court of original jurisdiction Magistrates Appointed for an eight-year term Federal Appellate Courts Generally use a three-judge panel En banc proceeding involves all the active judges in a circuit Specialized Federal Courts Bankruptcy Judges serve a fourteen-year term Federal Claims Monetary...
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...Submitted on August 30th, 2013 Submitted on August 30th, 2013 Prepared for MHMRA, Purchasing Department Prepared by Network Solutions u All rights reserved. ALL OFFENDERS WILL AUTOMATICALLY BE SUED IN A COURT OF LAW. All rights reserved. ALL OFFENDERS WILL AUTOMATICALLY BE SUED IN A COURT OF LAW. All rights reserved. IT IS ILLEGAL AND STRICTLY PROHIBITED TO DISTRIBUTE, PUBLISH, OFFER FOR SALE, LICENSE OR SUBLICENSE, GIVE OR DISCLOSES TO ANY OTHER PARTY, THIS PRODUCT IN HARD COPY OR DIGITAL FORM. ALL OFFENDERS WILL BE SUED IN A COURT OF LAW. All rights reserved. IT IS ILLEGAL AND STRICTLY PROHIBITED TO DISTRIBUTE, PUBLISH, OFFER FOR SALE, LICENSE OR SUBLICENSE, GIVE OR DISCLOSES TO ANY OTHER PARTY, THIS PRODUCT IN HARD COPY OR DIGITAL FORM. ALL OFFENDERS WILL BE SUED IN A COURT OF LAW. Network Infrastructure Upgrade Network Infrastructure Upgrade Table of Contents Statement of Confidentiality & Non-Disclosure 2 Executive Summary 3 1. Company Background 4 2. Client Background………………………………………………………………………………………………5 3. Information of Needs……………………………………………………………………………………………6 3.1 MHMRA Requirements………………………………………………………………………………………….6 4. Project Scope…………………………………………………………………………………………………….7 4.1 Scope of Work……………………………………………………………………………………………………7 4.2 Network Scope…………………………………………………………………………………………………..7 5. Proposed Services………………………………………………………………………………………………8 5.1 Objectives………………………………………………………………………………………………………...
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...long. 3. The Group Leader will be a Human Resources Student. The Group Leader will send out an initial Email to introduce all team members to one another as well as coordinate the first meeting. Both instructors will be cc’d on the initial Email. 4. The other student will keep a record of the meeting in the form of meeting minutes. For each meeting you will need to work on the assigned topic/task and complete the Meeting Minutes as required. 5. Three meeting minutes must be submitted in total. 6. In week 10 each member must submit a personal reflection of this experience included with the three Meeting Minute submissions. Topics/tasks for Meetings: Meeting #1: Getting to know each other and sharing challenges not only in school but in everyday situations. Meeting #2: Identifying personal qualities and expectations most valued by Canadian Employers. Meeting -#3 Exchanging opinions regarding issues on intercultural issues in communication. (Reflect on the first...
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...Building Process Documentation at the Front Desk: The patient hand over an insurance card, this case the patient has Humana. On the care the office manager needs to verify if a referral or pre-authorization needs to be obtained and then contact the respective Primary care physician and get his documentation. Insurance verification data and a copy of the insurance card is sent to the billing office. The billing office scans the information and saves the documents. The Scanning department retrieve the information and it sent to the appropriate departments. Pre-coders then enter the key-in codes for insurance companies, doctors and modifiers. Pre-coders also add insurance companies, referring doctors, modifiers, diagnosis codes and procedure codes. The coding team assigns the Numerical codes for current procedural terminology and the diagnosis code based on the description given by the provider. The charge team has competent individuals who would first enter the patient personal information form the information given. Also they check for the relationship of the diagnosis code and the current procedural terminology. They create a charge, according to the billing rules pertaining to the specific carriers and locations. All charges are accomplished within an agreed turnaround time, about 24 hours. The daily charge entry then needs to be audited to double check the accuracy. Claims are filed and information sent to the transmission department. This department prepares a list...
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...State of Confusion Paper BUS/415 There are several stages to a civil lawsuit. The first stage is Pleadings. This starts off with the original court documents and involves one party that files the complaint. These documents state the initial plaintiff’s argument or case against the other party, also known as the defendant. This allows the defendant to have knowledge of the plaintiff’s facts amid legal grounds of their claims. At times when suing another party they may arise to suing you back, if in that case such a situation occurs, you will then fight back in court while also trying to defend yourself. Then a counterclaim can be filed by the defendant if they have an independent claim against the plaintiff. The second stage is Discovery. This includes depositions which entails the parties of deposing or interviewing under oath before the start of the trial. There are a few types discovery. One is written discovery which has its own two forms; Interrogatories and Requests for admission. Interrogatories are the questions that in your own version of the claims. Requests of admission mainly ask the party to deny or admit to the facts stated in the claim. Penalties can come about if not answered, or answered if false manner. Discovery can also include subpoenas from the court ordering individuals or organizations to produce certain documentation, interview under oath, or answer any written questions which would be the second form of discovery. The third is depositions. This...
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