...Tort Law p2 * The difference between contract law and trot law is that: （这个可以不用写下来） At the core of contracts, we have agreed with specific others to do or not to do things. With Tort law, it’s much broader than that. In the agreements that we make, are not necessarily so specific and identifiable. They are much more general. * Contract law is the law that enforces agreements that I reach with individual people. There are parties to a contract. 例：I agree not to build on my property. I agree to sell you my automobile. I agree to tutor your child. Whatever your agreement might be, I agree to cater your daughter’s wedding. ---That’s contract law. It’s specific between identified parties. * A contract is an agreement between two or more individual identified parties. * Tort law is where in essence I enter into an obligation, a contract if you will with society. 例： I will act with reasonable care. I will not pollute the water of your town. I will not spread false information about you as harmful and wrong and damage your reputation. I will drive my car in a reasonable manner. If I am preparing a meal, I will take all the reasonable steps necessary to make sure that the meal is prepared in accordance with all health and safe regulations. If I operate a store, I will use all reasonable means that I have available at my disposal to make sure that the aisle ways are safe. * A tort is a “Civil Wrong”. --- That’s how we define a tort. * As...
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...Universal Law, Theory of Immanuel Kant Kantianism is one of the theories of ethics. The creator of this theory is Immanuel Kant. His central concept was categorical imperative. Universal law of this concept says that you should only act on maxims that you can will to become universal laws. I don’t think that this is a good test for determining what action is morally allowable. This test can be used for many situations, but it doesn’t always work. Each person is very individual, so we can’t say exactly what universal law said. The idea of Kantianism is all about acting on the basis of rules that everyone accepts, but not on the emotions or personal goals. Kant uses Universal law to make the test of those rules. To act only on maxims that you can will to become a universal law is the Universal Law Test. To make the test we have to know the maxim, which is always expressed as a general rule or policy. Maxim is your reason for choosing to act in a given way. Kant’s idea of that test is that if a maxim passes the Universal Law, then this action which passes the test is morally good. For example, if you will say “As a general rule, it is okay to buy sandwiches in school’s buffet because you are hungry”, ok yes, that passes the test. The Universal law said that you can buy sandwiches because everyone will accept that. But if you would say “As a general rule, it is okay to steal sandwiches in school’s buffet because you are hungry”, that would not pass the test. Not everyone will...
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...on the language. When we’re construing the Constitution, we’re looking at words. Those are the building blocks of the law. Language is vitally important — whether it’s a lawyer arguing a case and trying to explain his position, whether it’s a legislator writing a law, whether it’s a judge trying to construe it. Another point is people develop a lot as a writer the more they read. And so whenever John Roberts has a lot of time to read, he improved a good bit as a writer. Roberts reads a lot, as other people do, of course, in high school and college. And the interesting thing is, people lose a lot of writing ability when they get to law school because you tend to read a lot of stuff that isn’t that well written. And you tend to stop reading other stuff that is well written because you don’t have time. Focused on some badly written cases from whenever or some badly written laws, first of all, and you’re not reading anything good. So you tend to start writing not as well as you might have earlier. Maybe law students ought to make sure they have time to read good things apart from the law throughout law school. Roberts talks a lot about the importance of being clear in your writing and to know what you are talking about. Surround yourself with all the raw materials — the record in the case, the important precedents, the statute, and the regulations — and put it all there. Tend to try to write up a little outline of thoughts. At one point, ideally, it kind of crystallizes to — this...
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...A Summary of the Terms and Types of Ethical Theories Ethics is a branch of philosophy addressing questions about morality. Ethics is divided into two different ways of looking at the morality of humanity. They are Consequential and Non-Consequential. CONSEQUENTIAL ETHICS In Consequential Ethics, the outcomes determine the morality of the act. What make the act wrong are the consequences. It says, it will be legitimate to lie in order to get out of a serious problem, such as to save a persons life. In other words a white lie is fine. So the essence of morality is determined by the result or outcome of the act. NON – CONSEQUENTIAL ETHICS In non-Consequential Ethics, the source of morality comes from something else: law, God’s law, moral law, sense of duty, and your definition of what is the virtuous thing to do. All those considerations are built into the act itself before you could think of consequences, before it makes it right or wrong. One classic example is this system is lying. Lying could be wrong because in one system, it’s a violation of the nature of speech. It’s wrong to use a lie to achieve a good end. Simply put, a lie is a lie, is a lie. Egoism – Utilitarianism – Pragmatism Egoism - Means, act in your own self-interest. Utilitarianism - Do that which is moral only if the act produces the greatest amount of good for the greatest number of people. There are two brands of Utilitarianism: 1. Act Utilitarianism- Do the act. No consideration of before or after...
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...Gun Control is a set of laws or policies that limits the making, sales, trade, possession, modification, and use of guns. Gun control first became an issue in 1934 with wars of gangs. Because of this the first gun control act was passed. The national firearm act of 1934, this act is a long series of measures trying to stop the spread of increasingly destructive firearms in gang violence. Gang violence is a big cause of gun control now. An article found on reuters.com stated,” The study also found that in Los Angeles and Oklahoma City, nearly a fourth of gang killings occurred in drive-by shootings. What's supposed to help or stop the use of guns in gangs are not working at all. This act was not really enforced enough, gangs then and today...
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...“If you tell anybody it was me you’re going to get ten times worse.” This is a statement children all over the world hear on a day to day basis. Bullying is a worldwide epidemic (Kalman) that kids from all ages have to deal with. There may be laws in place, but if you ask me they are not really doing their job. The laws may prohibit bullying, but they don’t address the problems that bullying causes such as suicide, mental problems, family problems, and school neglect. Studies say about 77% of student’s are bullied everyday weather it’s verbally or physically(Bullying Statistics), and about 14% of those students suffer from psychological problems(Bullying Statistics); like low self-esteem, depression, anxiety, and even suicide(Bullying Statistics). Each day 160,000 students miss school because they’re afraid of being bullied(Bullying Statistics), also 1 out of 10 high school students drop out of school because they were bullied(How to stop Bullying). Schools often say they want to decrease the dropout rate, well if they take the time to acknowledge the bullying problem some of the numbers would decrease.. Not only does bullying affect the body, but it affects the mind as well. In 2002 at least 15 school children from the ages 11 to 14 committed suicide (Jeff Lett), and in 2005 270 school children from the ages 10 to 14 committed suicide (Jeff Lett). Every day children go to school with a constant fear. School should be a safe lace not a place of torture. Many students find school...
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...Barry Faith and Doubt The Second Law of Thermodynamics If there's anything anyone can ever be certain of, it's that there will be change. There are a few things in life that can be considered irrevocably constant. Change comes in different forms and degrees of intensity, yet everyone reacts a different way to it. In all the books we read, this was evident in the stories and the characters. In Night, the Holocaust causes Elie to lose his faith. In Barabbas, Jesus' death resulted in a journey for Barabbas to find his faith. In The Fault in Our Stars, Augustus struggles with change in his disease by trying to find control and making the most of life. The characters in the story here try to find order in an otherwise chaotic setting. This...
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...Our nation has gone to war and it’s my turn to go. This war we are engaged in to me is unjust but it’s my civic duty to my country to go and fight. After learning about Socrates I begin to think what would he tell me? Socrates being a man of principles would tell me to go and serve my country on the front lines. He would let me know that this country has given me all that I have earned; all that I have gotten why now would I turn my back to them if I agreed to live in this country all this time. Today I believe even though there is no “draft” there is still a big dilemma when we go to fight in wars that many people may have. It s funny to hear people complain about all the wrong or unjust things we as a country are doing in the wars we are actively involved in today but they do not complain about the society they live in with freedoms, equality and the pursuit to happiness. I would go and put my reservations aside to serve my country if drafted. To me it would be what I owe to the place that allowed me to prosper, educated me and groomed me. After reading the Crito it’s so many things we take for granted that is provided to us. No one is held against their will in most of today’s society to stay in the country they live. They may not have the means to leave but they are not forced. When your country come calling whether it’s to be a productive citizen or to become a solider I believe it’s your duty and what is owed to them to answer. In the case of Socrates I believe it...
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...Natural Law is the law that has been or should have been embedded into one’s mind and body. However the world, as of today, has drifted away from those “theories”. But, think of a world that would follow these rules, it’s like an unattainable utopia. However its feels as if we grasped it once before. The law to kill shouldn’t have to be implicated onto the human law, but the world has lost its way from the past and now it’s chaotic. To me the natural law has been overrun but the human law which makes the natural merely a mirage. To judge right and wrong is all based of morals which I believe Thomas Aquinas overlooked. Yes, he gave a general view as to what he believes in, but when in come down to each individual person then there morals or ethos will tell how one truly feels. So out of the option I would say that right and wrong is merely a will which is placed upon the person, You either choose to do something or you do not choose to do it. Either way it is up to the person because they make the final decision, unlike Thomas Aquinas. On the other hand, I totally disagree with Nietzsche concept of...
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...IMMUTABLE LAWS OF BRANDING A Project Report Prepared by Prashantha Hettiarachchi Venura Polgahawatte Paul Fernando Vajira Karunarathna Rizwan Mohamed Thilina Fernando Chandika Jayawardena K. C. Rathnayake Dishani Fernando & Kumara Course: Post Graduate Diploma in Marketing Management. 2010 AQAINAS COLLEGE Contents 1. Acknowledgement 2. Executive Summery 3. The 22 immutable laws of branding 1. The Law of expansion. 2. The Law of contraction 3. The Law of Publicity 4. The Law of Advertising 5. The Law of The Word 6. The Law of Credentials 7. The Law of Credentials 8. The Law of Category 9. The Law of The Name 10. The Law of Extensions 11. The Law of fellowship 12. The Law of the Generic 13. The Law of the Company 14. The Law of Sub Brands 15. The Law of Siblings 16. The Law of shape 17. The Law of Color 18. The Law of Borders 19. The Law of Consistency 20. The Law of change 21. The Law of Mortality 22. The Law Singularity Acknowledgement First let us express our heart filled gratitude to Mr. Nalin Anthony, the lecturer at Aquinas University of Sri Lanka, for his valuable guidance throughout the completion of this Project. We would like to express sincere thanks to Mr. Nalin Anthony for giving us the correct guidance towards to our professional lives, he is a very professional character and the way he conducted lectures will always help us throughout our lives. Finally we wish him all the best...
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...What types of crimes should be eligible for the death penalty? Have you ever made a mistake? Have you ever afraid to go to the police? There is no one make a mistake in the world. However every country has law so don’t afraid to go to the police when you make a mistake. Law designed for protect you from bad things. Every country has law related with their culture lifestyle and development. There are in the world around six billion people. Everyone is different from each other. Some of them has good attitude but some of them has bad attitude. In my case those who has a bad attitude depends on their environment and bibulosity etc., maybe some people bored because of their happy life. So they made a crime. Have you ever heard about “Death Penalty”? If so then what do you think about it? Capital punishment, the death penalty, death sentence, or execution is a legal process whereby a person is put to death by the state as a punishment for a crime. Crimes that can result in a death penalty are known as capital crimes or capital offences. At this time, there are many countries use the Death penalty for example Belarus, China (PRC), Cuba, Egypt, India, Iran, Iraq, Japan, Malaysia, Mongolia, North Korea, Pakistan, Saudi Arabia, Singapore, South Korea, Taiwan, (ROC) ,Tonga, United States and Vietnam. There are many methods in capital punishment Decapitation, Electrocution ,Gas chamber, Hanging, Lethal injection, Shooting (firing squad), Stoning and Nitrogen asphyxiation (proposed)...
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...Immutable Laws Of Marketing.html The 22 Immutable Laws of Marketing Al Ries and Jack Trout The 22 Immutable Laws of Marketing Violate Them at Your Own Risk Al Ries and Jack Trout Dedicated to the elimination of myths and misconceptions from the marketing process A DF Books NERDs Release THE 22 IMMUTABLE LAWS OF MARKETING. Copyright © 1993 by Al Ries and Jack Trout. All rights reserved under International and Pan-American Copyright Conventions. By payment of the required fees, you have been granted the non-exclusive, non-transferable right to access and read the text of this e-book on-screen. No part of this text may be reproduced, transmitted, down-loaded, decompiled, reverse engineered, or stored in or introduced into any information storage and retrieval system, in any form or by any means, whether electronic or mechanical, now known or hereinafter invented, without the express written permission Contents Introduction 1. The Law of Leadership 2. The Law of the Category 3. The Law of the Mind 4. The Law of Perception 5. The Law of Focus 6. The Law of Exclusivity 7. The Law of the Ladder 8. The Law of Duality 9. The Law of the Opposite 10. The Law of Division 11. The Law of Perspective 12. The Law of Line Extension 13. The Law of Sacrifice 14. The Law of Attributes file:///F|/Business/Marketing/22 Immutable Laws Of Marketing.html 15. The Law of Candor 16. The Law of Singularity 17. The Law of Unpredictability 18. The Law of Success 19. The Law of Failure...
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...Business law assignment Business Law Assignment Common law and stare decisis Common law is all that law that is made by judges. It is initiated by citizens when they file cases in courts. Stare decisis is a term used in the common law to mean that decisions made in court cases should be based on previous decisions. It simply means that the decision should stand. It therefore means that in business, this is a principle that can assure a business person of the ruling of a case that is similar to the previous. Rulings in business cases are hence made predictable. Bailment It is where a person delivers his personals to someone else for safety keeping. Bailor is the one delivering property while the one receiving is the bailee. It involves delivery of goods to somebody else in trust creating a contract either express or implied. The bailee must be willing to possess the property physically but is not entitled to use it. In business transactions, the bailee has both the duty of care and responsibility to re-deliver the property. Statute of frauds This is a requirement that certain contracts like sale of goods that exceeds a certain value, land sale or a guarantee of debt be made in writing and then signed to prevent perjury and fraud. Two sophisticated business corporations may enter into a joint venture say of about 10 years. There are different negotiations that they engage in and one party promises that it will join the negotiations in time. In case the party fails to...
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...The Law of Attraction The Law of Attraction simply says that you attract into your life whatever you think about. Your dominant thoughts will find a way to manifest. But the Law of Attraction gives rise to some tough questions that don’t seem to have good answers. I would say, however, that these problems aren’t caused by the Law of Attraction itself but rather by the Law of Attraction as applied to objective reality. Here are some of those problematic questions (all are generalizations of ones I received via email): * What happens when people put out conflicting intentions, like two people intending to get the same promotion when only one position is available? * Do children, babies, and/or animals put out intentions? * If a child is abused, does that mean the child intended it in some way? * If I intend for my relationship to improve, but my spouse doesn’t seem to care, what will happen? These questions seem to weaken the plausibility of the Law of Attraction. Sometimes people answer them by going pretty far out. For example, it’s been said by LoAers that a young child experiences abuse because s/he intended it or earned it during a past life. Well, sure… we can explain just about anything if we bring past lives into the equation, but IMO that’s a cop-out. On the other hand, objective reality without the Law of Attraction doesn’t provide satisfactory answers either — supposedly some kids are just born unlucky. That’s a cop-out too. I’ve never been...
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...Persuasion 23 February 2013 How Students Feel About Texting And Driving New Jersey has a Cell Phone & Driving law that affects all of its citizens. This law attempts to make the road a safer place, so it affects the lives of pedestrians and those who don’t own cell phones too, because everyone is in danger when a driver isn’t paying attention. In my Argument and Persuasion course, we are discussing this Cell Phone & Driving law, causing the class to take different sides. As opinions become more and more divided, I realize that this issue is very controversial. The New Jersey Cell Phone Law prohibits drivers from using handheld phones while driving. You may, however, use a speakerphone, a Bluetooth, a headset, or install a car kit. If you are caught using your cell phone while driving, you will be fined 100 dollars, and it is a “primary law” meaning that the officer doesn’t need a reason other than seeing your cell phone out to pull you over. Personally, I feel that the 100-dollar fine is too lenient. I have a friend who recently had his car towed out of a parking lot, and was fined 100 dollars, the same amount for using your cell phone and driving. I don't think the fine should be the same for something that is potentially life threating and something that is not. I think the fine should be between $500 and $1000. However, I recognize that not everyone agrees with me; some of my classmates think that the law is too harsh, or just right. In my Arguments...
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