...The United States Constitution has the amendments that are set, to secure the public from the violations of their rights from the government. The federal tort claim act established within 1946 enacted, to make sure the public of the U.S. will obtain the proper reimbursement or if the society wants to sue the government within the matter. The 1946 federal tort claim act will offer the public of the U.S. adequate soften the spread around the immunity for the federal personnel. Following the 1946 federal tort law, the public would obtain no likely way of suing the unlawful government activity. It will let the staff of the federal government; have immunity from lawsuits despite the harm the personnel made the victim go through in the situation. In this paper it will discuss the Federal Tort claim act, it applies to local justice and security agencies, the issues of risk identified with civil obligation as it applies to criminal activity, justice, and security associations, and the conclusion. It will give a full insight of the state and federal tort claim act. Government Tort Claims Act The 1946 government tort claim act it will give the public of the U.S. another method around to avoid immunity from them to sue the government although it could obtain the power, to control a lawsuit that is federal claim also the courts to listen to this case as such. Despite the first amendment granting a person...
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...Fundamentals of Law for Health Informatics and Information Management Second Edition Check Your Understanding Chapter Answers CHAPTER 1 Check Your Understanding 1.1 1. A hybrid record is refers to record that is totally electronic. False 2. An electronic health record can be managed across more than one healthcare organization. True 3. Confidentiality refers to the right to be left alone. False 4. HITECH widens the scope of privacy and security protections under HIPAA. True 5. Privileged communication is a legal concept designed to protect the communication between two parties. True Check Your Understanding 1.2 1. Ownership of a health record generated by a doctor on a patient belongs to the patient. False 2. A custodian of records is responsible for certifying that a record is what it purports to be. True 3. When a patient refuses treatment he or she is exercising the ethical principle of beneficence. False 4. In a malpractice case, a professional code of ethics may be used as a benchmark for what should be acceptable practice by a healthcare professional. True 5. The ethical principle of nonmaleficence refers to making sure rules are fairly and consistently applied to all. False CHAPTER 2 Check Your Understanding 2.1 1. Private law defines rights and duties between individuals and the government. False 2. Statutes are enacted by legislative bodies. True 3. Administrative law is created by court...
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...MERITS OF CORPORATE PERSONALITY A corporate person (s) is a separate legal business entity created under state laws by an owner or group of owners who become initial shareholders. According to Sec. 3 (1) (ii) of the Companies Act, 1956; a company means a business entity formed and registered under the Companies Act, 1956 or any of the preceding Acts. A Company comes into existence only by registration under the Act, which can be termed as incorporation. Thus, a company is a legal person. The primary advantage of a corporate form of business is that a corporation is a stand-alone entity, which means you are not personally liable for the assets and debts of the business. Incorporating protects your personal assets from lawsuits, debt collection and other business issues that can arise. Other merits of a corporate personality are as follows: 1) Independent corporate existence- the outstanding feature of a company is its independent corporate existence. By registration under the Companies Act, a company becomes vested with corporate personality, which is independent of, and distinct from its members. A company is a legal person. The decision of the House of Lords in Salomon v. Salomon & Co. Ltd. (1897 AC 22) is an authority on this principle: It was argued on behalf of the unsecured creditors that, though the co was incorporated, it never had an independent existence. It was S himself trading under another name, but the House of Lords held Salomon & Co. Ltd. must...
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...2008-2009) 1 FIVE-YEAR LAW COURSE BA LLB (H) PROGRAMME w.e.f. Academic Session 2008 – 2009 FIRST YEAR First Semester Paper Code LLB 101 BA LLB 103 BA LLB 105 LLB 107 LLB 111 BA LLB 113 BA LLB 115 SUBJECTS Legal Method History-I (Indian History) Political Science-I Law of Contract – I English and Legal Language Sociology-I (Introduction to Sociology) Economics-I (Microeconomic Analysis) Total Second Semester L 4 4 4 4 4 4 4 28 Credit 4 4 4 4 4 4 4 28 Paper Code LLB 102 BA LLB 104 LLB 110 LLB 112 SUBJECTS L 4 4 4 4 4 4 4 28 Credit 4 4 4 4 4 4 4 28 History – II (Legal History) Political Science – II Law of Contract – II Techniques of Communication, Client Interviewing and Counselling BA LLB 114 Environmental Studies BA LLB 116 Sociology-II (Indian Society) BA LLB 118 Economics – II (Macroeconomic Analysis) Total (With effect from the Academic Session 2008-2009) 2 SECOND YEAR Third Semester SUBJECTS L 4 4 4 4 4 4 4 28 Credit 4 4 4 4 4 4 4 28 Paper Code LLB 201 LLB 203 LLB 205 LLB 207 LLB 209 BA LLB 213 Business Law Family Law – I Constitutional Law – I Law of Crimes – I Advocacy Skills History – III (History of Modern Europe: 1740-1947) BA LLB 215 Political Science – III Total Fourth Semester Paper Code LLB 202 LLB 204 LLB 206 LLB 208 LLB 210 SUBJECTS L 4 4 4 4 4 4 4 28 Credit 4 4 4 4 4 4 4 28 Law of Torts and Consumer Protection Family Law – II Constitutional Law – II Law of Crimes – II Administrative Law Economics–III (Economic...
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...fo"k; :- Contract – I izFke o"kZ 2015-16 uksV%& fuEufyf[kr iz’u dsoy vuqeku gS bu ij iw.kZr% fuHkZj ugh jgsaA iz’u 1- ^^lHkh lafonk,a djkj gksrh gS ysfdu lHkh djkj lafonk ugha gksrs gSaA^^ D;k vki blls lger gSa \ fu.khZr oknksa dh lgk;rk ls Li"V dhft;sA Q.-1 All contracts are agreements but all agreements are not contracts .Do you agree, Explain with the help of decided cases. iz’u 2- izfrQy dh ifjHkk"kk nhft;s rFkk blds viokn Hkh crkb;sA Q.- 2 Define Consideration and mention exceptions of the Consideration. iz’u 3- izLrko ds fy, Lohd`fr dk ogh egRo gS tks ck:n ls Hkjh xkM+h ds fy, ekfpl dh ,d tyrh gqbZ rhyh dk gS & ,Ulu Q.- 3 “Acceptance is to an offer what a lighted match is to a train of gunpowder.” – Anson. iz’u 4- Mkd o VsyhQksu }kjk lafonk ds fuekZ.k lEcU/kh fu;eksa dk o.kZu dhft,A Q.- 4 Explain the rules relating to formation of contract by post and telephone. iz’u 5- O;kikj vojks/kh djkj 'kwU; gksrs gS \ vioknksa lfgr bldk o.kZu dhft;sA Q.- 5 Agreements in restraint of trade are void. Discuss it with exception. iz’u 6- ckth djkj o lekfJr djkj esa vUrj dhft;s rFkk mudh ifjHkk"kk Hkh nhft;sA Q.- 6 Explain the difference between wagering agreement and contingement agreement and define the both also. iz’u 7- mu vk/kkjksa dk mYys[k dhft;s] ftuds vk/kkj ij ,d djkj o lafonk foQy ;k uSjk’; ¼QzLVªsVsM½ gks tkrh gSA Q.- 7 Explain the grounds on which a agreement and contract becomes frustrated. iz’u 8- ,d djkj esa ekufld lgefr vko’;d gSA foospuk...
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...and harmony. Since the dawn of civilization women have been a catalyst of change in the different time and the climes in the sphere of knowledge and civilization, shoulder to shoulder with men, History witnesses that in a male dominated society women have stood up in their relentless crusade against the humiliation, oppression, and torture to establish their position, power, and individuality because of this crusade, society and civilization has blossomed and undergone a progressive change. The term sexual harassment “as a legal concept” gained meaningful application in the United States only in the mid- 1970s when the US courts held it to be a form of sex discrimination prohibited under the title VII of the Civil Rights Act of 1964. In India, the term sexual harassment was first defined in a formal legal sense in the year 1997 by Supreme Court in Vishakha v. State of Rajasthan. This research paper has outlined the potential application of new and creative approaches for addressing sexual harassment in the workplace. Specifically this...
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...NEW YORK UNIVERSITY SCHOOL OF LAW JOURNAL OF INTERNATIONAL LAW AND POLITICS GUIDE TO FOREIGN AND INTERNATIONAL LEGAL CITATIONS FIRST EDITION ● 2006 © Copyright 2006 by New York University Contents FORWARD AND GENERAL INSTRUCTIONS................................................................................................. xiii ACKNOWLEDGEMENTS ......................................................................................................................................xv COUNTRY CITATION GUIDES ARGENTINA...............................................................................................................................................................1 I. COUNTRY PROFILE ..................................................................................................................................1 II. CITATION GUIDE.......................................................................................................................................2 1.0 CONSTITUTION...................................................................................................................................2 2.0 LEGISLATION......................................................................................................................................2 3.0 JURISPRUDENCE ................................................................................................................................3 4.0 BOOKS .....................................
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...CONTROLLING HEALTH CARE COSTS WHILE PROMOTING THE BEST POSSIBLE HEALTH OUTCOMES American College of Physicians A White Paper 2009 Controlling Health Care Costs While Promoting the Best Possible Health Outcomes Summary of Position Paper Approved by the ACP Board of Regents, September 2009 What are the Major Drivers of Health Care Costs? Major drivers of health care costs include: inappropriate utilization especially of advanced medical technology, lack of patient involvement in decision-making, payment system distortions that encourage over-use, high prices for health care services, a health care workforce that is not aligned with national needs, excessive administrative costs, medical liability and defensive medicine, more Americans with declining health status and chronic disease, and demographic changes including an increase in elderly persons. This paper addresses each of these drivers of health care costs and provides recommendations for controlling them. Why Do We Need to Control Health Care Costs? Improvements in health care have the ability to provide opportunities for all people to live better, healthier lives. However, the rate of increase in U.S. spending on health care continues to exceed economic growth at an unsustainable pace. The rate of growth in health care spending is the single most important factor undermining the nation’s long-term fiscal condition. Why Should Controlling Health Care Costs be Linked to Promoting Good Health Outcomes? Increasing pressure...
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...Challenges to Criminal Law Making in the New Global Information Society: A Critical Comparative Study of the Adequacies of Computer-Related Criminal Legislation in the United States, the United Kingdom and Singapore Warren B. Chik* Introduction Computer and Internet usage is on the rise due to lower costs of computer ownership and connectivity as well as faster and easier accessibility. As it is another mode of commercial and personal transaction and one that is heavily dependent on interaction through computers and automatic agents rather than face-to-face meetings, which increases distance and allows anonymity, it is another avenue for crimes to perpetuate. “Computer Crime” encompasses crimes committed against the computer, the materials contained therein such as software and data, and its uses as a processing tool. These include hacking, denial of service attacks, unauthorized use of services and cyber vandalism. “Cyber Crime” describes criminal activities committed through the use of electronic communications media. One of the greatest concerns is with regard to cyber-fraud and identity theft through such methods as phishing, pharming, spoofing and through the abuse of online surveillance technology. There are also many other forms of criminal behaviour perpetrated through the use of information technology such as harassment, defamation, pornography, cyber terrorism, industrial espionage and some regulatory offences. The existing criminal laws in most countries...
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...Challenges to Criminal Law Making in the New Global Information Society: A Critical Comparative Study of the Adequacies of Computer-Related Criminal Legislation in the United States, the United Kingdom and Singapore Warren B. Chik* Introduction Computer and Internet usage is on the rise due to lower costs of computer ownership and connectivity as well as faster and easier accessibility. As it is another mode of commercial and personal transaction and one that is heavily dependent on interaction through computers and automatic agents rather than face-to-face meetings, which increases distance and allows anonymity, it is another avenue for crimes to perpetuate. “Computer Crime” encompasses crimes committed against the computer, the materials contained therein such as software and data, and its uses as a processing tool. These include hacking, denial of service attacks, unauthorized use of services and cyber vandalism. “Cyber Crime” describes criminal activities committed through the use of electronic communications media. One of the greatest concerns is with regard to cyber-fraud and identity theft through such methods as phishing, pharming, spoofing and through the abuse of online surveillance technology. There are also many other forms of criminal behaviour perpetrated through the use of information technology such as harassment, defamation, pornography, cyber terrorism, industrial espionage and some regulatory offences. The existing criminal laws in most countries...
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...The Non-Obvious Problem: How the Indeterminate Nonobviousness Standard Produces Excessive Patent Grants Gregory Mandel∗ The dominant current perception in patent law is that the core requirement of nonobviousness is applied too leniently, resulting in a proliferation of patents on trivial inventions that actually retard technological innovation in the long run. This Article reveals that the common wisdom is only half correct. The nonobviousness standard is not too low, but both too high and too low. It is indeterminate. Three principal factors produce nonobviousness indeterminacy: a failure to identify the quantum of innovation necessary to satisfy the standard, a failure to define the baseline level of ordinary skill against which to measure an innovation, and the epistemic infeasibility of requiring a technologically lay decision maker to judge from the perspective of a more highly trained and educated person of ordinary skill in the art. This Article introduces a mathematical model of innovation and patenting to analyze the effects of nonobviousness indeterminacy. Based on the model, indeterminacy in nonobviousness decisions has several unexpected consequences. First, indeterminacy results in an excessive total number of patent grants, and in many patent grants on obvious inventions. Second, indeterminacy leads to too many patent applications on obvious inventions and too few applications on non-obvious inventions. ∗ Professor of Law, Temple University — Beasley School of...
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...This week's graded topics relate to the following Terminal Course Objectives (TCOs): A | Given an organizational requirement to conform business practices to both the law and best ethical practices, apply appropriate ethical theories to shape a business decision. | I | Given specified circumstances of a business decision to expand to international markets, determine what international legal requirements or regulatory controls apply. | Topics for This Week's Discussion * Introduce yourself to your professor and the rest of the class. (not graded) * Thread over TCO A/I (graded) * Ethics and Patent Rights Post 9/11 (graded) * Q & A Forum for your questions and comments (not graded) | | There is a drop down arrow next to the "Select a Topic" box. Click on this arrow to select topics for discussion. | ------------------------------------------------- Top of Form Select a Topic: Bottom of Form The World Bank Situation (graded) | Class, please read Chapter 2, problem 5 from the Jennings text, p. 72. This week, we will discuss the Wolfowitz situation at the World Bank. Consider the questions at the end of the problem as you make comments in the threads this week. What are the ethics here? Was Wolfowitz trying to do the right thing? Does that make a difference ethically? Throughout the week, I will bring in further questions. Be sure to read the lecture and the international ethics article stated in your reading for the week as well. | ...
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... CORE COURSE 101 L aw of T ort i ncludi ng MV A cci dent And C on sum er Pr ot ecti on Law s 4 1 5 5 CORE COURSE 102 Crim in al Law P aper – I (General P rinci pl es of P en al Law ) 4 1 5 5 4 1 5 5 4 1 5 5 4 1 5 5 1 1 2 2 1 1 2 2 CORE COURSE 103 CORE COURSE 104 CORE COURSE 105 FOUNDATIO N 106 F SOFT S KILL 107 K Crim in al Law P aper – II (S pec ific Off enc es) L aw of C ont ract S peci al C ontr act C on sti tuti on al Hist ory of I ndi a Use of Law J ournal s and L egal S oftw ar e 1 Semester – I Monsoon Semester CORE CO URSE 101 : LAW OF TO RT I NCLUDI NG M V ACCI DENT AND CO NS UM ER P ROTECTION LAWS Objectives of the Course : Wit h rap id industrializat ion, to rt actio n came to u sed again st manu factu rers and industrial un it fo r p roducts injurious to human beings. Present ly the emphas is is o n extend ing th e principles no t only to acts, which are h armfu l, bu t also to failu re to co mply with stand ards that are continuously chang ing due to ad vancement in sc ience and techno lo gy. Product liab ilit y is no w assuming a new d imension in deve lo ped economics . In mo dern era o f consu mer co ncern o f goo ds and servic es, the law o f to rts has an added sign ificance with this fo rage into the eme rging law o f consu mer p rotection. It operates in disputes relat ing to the qualit y o f go ods supp lied...
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...a!group!of!elected!representatives!and!a!person!who!represents!the!Queens.!In!the!federal!parliament!that!person!is!the! Governor>General.!Parliaments!make!the!laws!for!a!country/state! Crown)–!The!monarch!is!represented!by!a!governor/governor>general.!Refers!to!the!position,!power,!or!dominion!of!a!monarch.!The!monarch!as! Head!of!State! Separation)of)Powers)–!The!three!branches!of!power!(executive,!legislative!and!judicial)! Federal)System)–!The!power!to!govern!is!divided!by!the!Commonwealth!and!states.! Bicameral)–!A!bicameral!parliament!consists!of!two!chambers!or!houses! Minister)–!A!minister!is!both!a!member!of!parliament!and!a!member!of!the!executive.!This!means!a!minister!is!usually!in!charge!of!a!government! department!that!is!responsible!for!enacting!the!law! ! Australian Parliamentary System Under!the!Australian!federal!system!of!government,!the!country!is!divided!into!states!and!territories!each!with!its!own!parliament!–!making!a!total!of!9! parliaments.! • Commonwealth,)6)States,)2)Territories! They! are! elected! by! the! people! and! represent! the! needs! of! the! people.! Members! are! also! responsible! to! the! parliament! and! the! people! for! their! actions.!The)APS)is)based)on)the)Westminster)system)that)was)adopted)by)the)Commonwealth)constitution)in)1900,)as)originally)Australia)and)its) states) were) British) Colonies.! The! Commonwealth! and! State! Parliaments! operate! on! a! bicameral! structure! –! 2! Houses! –! Upper! and! Lower...
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...City of Charlotte, North Carolina Comprehensive Annual Financial Report For the Fiscal Year Ended June 30, 2012 Mayor: Anthony Foxx Mayor Pro Tem: Patrick Cannon City Council: John Autry Michael Barnes Warren Cooksey Andy Dulin Claire Green Fallon David Howard Patsy Kinsey LaWana Mayfield James Mitchell, Jr. Beth Pickering City Manager: W. Curtis Walton, Jr. Prepared by the City of Charlotte Finance Department Greg C. Gaskins, Chief Financial Officer Teresa T. Smith, Chief Accountant This document is available online: CITY OF CHARLOTTE, NORTH CAROLINA TABLE OF CONTENTS Page INTRODUCTORY SECTION Letter of Transmittal ....................................................................................................................................... 1 Certificate of Achievement for Excellence in Financial Reporting ............................................................... 14 Organizational Chart .................................................................................................................................... 15 FINANCIAL SECTION Independent Auditors’ Report ...................................................................................................................... 17 Management’s Discussion and Analysis ..................................................................................................... 19 Basic Financial Statements: Government-wide Financial Statements: Statement of Net Assets ..................................
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