...Question Post: Week 4: Discussion – Clinical Challenges for the NP Case Study One: Dismissing the non-compliant patient. Gwen, a 52-year-old Caucasian LPN, recently joined your practice as a new patient. She currently has a BMI of 32, B/P of 142/88. Pulse is 89, the Respiratory rate is 22, Pulse Ox is 96% on Room Air. She is taking Lisinopril 10mg PO daily (when she can remember), Metformin 1000mg PO BID and refuses lab work. Her physical exam is unremarkable and foot exam is normal. She refuses all vaccinations including Prevnar and Influenza. Gwen’s last mammogram and Pap smear were “years ago.” The case study above is a description of health scenario of Gwen an LPN whose health is at peril. According to Westrick and Jacob (2016), this is a description of health care advice of patient non-compliant behavior. Gwen is an LPN who indeed understand her health conditions, however, fails to comply with the appropriate medical process, problem conforming to treatment care modality thus Gwen fails to accede to what is properly related to negligence. The Legal Implication and Key Component of Malpractice Policy in this Case There are indeed two components of malpractice policy related to...
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...States and principles laying down procedures. These principles are related to the judicial conceptions that States have adopted. This point will be adressed latter in this introduction. On the other hand, International Convention, in a general or a specific view in relation to civil and commercial matter are enacted by States in order to uniform and harmonize body of rules applicable to international commercial litigation. For example, Lugano convention harmonized rules in order to determine competence of jurisdiction, or the Convention of Vienna on international sales of goods determines competence of jurisdiction and the law applicable. In order to explain which criterion is more important in the construction of private international law concerned with international commercial litigation, it will be relevant to focus this study on the rules of competence of jurisdiction. Besides the general system of conventions, as explained above, judicial traditions of countries can explain debates around the best ways to enact rules on international trade, and especially international litigations arise from commercial relationships between actors. Indeed, on one hand, common law countries focus on the role of the judge for the creation, the interpretation and the application of law rules. Some authors argue that the predominance of the judge in common law judicial system translates a pragmatism to resolve disputes related to civil and commercial matters. Moreover, certain procedures...
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... | |ASSESSMENT: Coursework Assignment 60% End Test 40% | |A small group class presentation with an accompanying written report on a relevant business-related topic. (20%) | |A group assignment on Business Plan with power-point presentation. (25%) | |A phase test. (15%) | | | |Objectives: | |Understand entrepreneurship | |Know the legal requirements for starting and operating business enterprises in Brunei. | |Be able to set up and operate a...
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...chilot.wordpress.com Legal Research Methods Teaching Material Prepared by: Prof (Dr) Khushal Vibhute & Filipos Aynale m Prepared under the Sponsorship of the Justice and Legal System Research Institute 2009 chilot.wordpress.com TABLE OF CONTENTS UNIT 1: INTRODUCTION-------------------------------------------------------------------1 1.1 Introduction--------------------------------------------------------------------------------------------------------2 1.2 Law and Society: Mutual Relationship & Interaction-----------------------------------------------------3 1.3 Legal System: A System of Norms and Social System?---------------------------------------------------4 1.4 Role of Law in A Planned Socio-Economic Development------------------------------------------------6 UNIT 2: LEGAL RESEARCH: AN INTRODUCTION----------------------------------8 2.1 What is research?-----------------------------------------------------------------------------------------------10 2.1.1 2.1.2 2.1.3 2.1.4 Meaning of research---------------------------------------------------------------------------------10 Objectives of research-------------------------------------------------------------------------------12 Motivation in research------------------------------------------------------------------------------13 Research and scientific method-------------------------------------------------------------------14 2.2 Types of research------------------------------------------------------------------------------------------------15...
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...remedies” is a legal concept with immense practical importance in the ABS negotiations. The existence of effective legal remedies in the user country is the primary means by which all ABS parties (especially source countries and other providers) obtain certainty about their rights and how they will be protected and applied. The CBD’s provisions and the ABS regime negotiations have created certain concepts (new sovereign legal rights) and all CBD parties have committed to adopt legislative and administrative measures to recognise and apply those concepts. Legal remedies are the tools for ensuring that these commitments and their underlying objectives are achieved in practice. The proper relationship between the judiciary and the quasi judicial administrative agency is a topic of continuing controversy in administrative law. One of the most significant and puzzling problems which has arisen in this area is the timing of judicial intervention in the administrative process-at what point and to what extent may the court give relief to a party aggrieved by administrative action. Universally applied, the doctrine of exhaustion of administrative remedies precludes an applicant from challenging the validity of administrative actions prior to seeking relief via prescribed administrative procedures. The law of ‘remedies’ is not usually sectorally specialised. In nearly all countries, “administrative and judicial remedies” are provided in general national law, applicable to all legal issues and...
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...Sharing the Pie: Trade Unionism and Industrial Relations in Multinationals in Bangladesh Monowar Hossain Mahmood East West University Bangladesh Abstract Using the ‘convergence-divergence’ thesis as the baseline for the study of industrial relations and trade union activities in multinational subsidiaries, the present study tried to investigate extent of the trade union activities and IR practices of MNCs in a developing country context, i.e. Bangladesh, as well as influence of the MNCs on trade unions and IR activities within the existing social and economic contexts. The study revealed that comparative power dominance of multinationals over the host country industrial relations actors emerge as the vital factor in employer-union bargaining process, as well as their capacity to manipulate the existing bargaining process also helped them to implement their desired practices in Bangladesh. However, multinationals were not in confronting mode at all the circumstances, but their potential lobbying power created difficulties for the employees and the trade unions to develop countervailing power in the collective bargaining process and IR activities. Keywords: Convergence-Divergence, Bangladesh, Multinationals, Trade Unions Introduction Empirical studies of international human resource management (IHRM) often reveal that industrial relations practices of multinational subsidiaries face a ‘challenge from established home country labour and IR institutions’ to comply with the...
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...1. Introduction 1 1.1. About ISO 9000 1 1.2. Purpose of internal quality audit 1 1.3. Report structure 1 2. Audit review 2 2.1. Non-compliances 2 2.1.1. Case study 2 – Service and parts processes 2 2.1.2. Case study 3 – QMS manual 3 2.2. Potential for improvement 4 2.2.1. Case study 2 – Service and parts processes 4 2.2.2. Case study 3 – QMS manual 5 2.3. Good practice 5 2.3.1. Case study 2 – Service and parts processes 5 2.3.2. Case study 3 – QMS manual 6 3. Summary 8 4. Appendix 11 Introduction About ISO 9000 ISO 9000 is a family of international standards related to quality management systems (QMS) that facilitates mutual understanding across domestic and international trade. The standards are published by the International Organization for Standardization and available in the UK through the British Standard Institute. ISO 9000:2008 sets down the principles behind the quality management and specifies the QMS terminology, thus forms the basis for the standards within the ISO 9000 family. ISO 9001:2008 specifies the requirements for a QMS an organisation has to fulfil to meet the standard. ISO 9004:2008 provides guidelines for a QMS that aim to improve the performance of the organisation and the satisfaction of both stakeholders and customers. ISO 9000 represents an international consensus on good quality management practices and can be understood as a generic framework to manage a business’ processes to deliver superior quality...
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...1.0 PRELUDE: Financial stability is considered as the first condition of sustained and rapid economic progress. Among various indicators of financial stability, banks’ non-performing loan (NPL) assumes critical importance since it reflects on the asset quality, credit risk and efficiency in the allocation of resources to productive sectors. Nonperforming loans (NPLs) refer to those financial assets from which banks no longer receive interest and/or installment payments as scheduled. They are known as non-performing because the loan ceases to “perform” or generate income for the bank. Choudhury et al. (2002: 21-54) state that the nonperforming loan is not a “uniclass” but rather a “multiclass” concept, which means that NPLs can be classified into different varieties usually based on the “length of overdue” of the said loans. NPLs are viewed as a typical byproduct of financial crisis: they are not a main product of the lending function but rather an accidental occurrence of the lending process (Woo, 2000: 2). This is because NPLs can bring down investors’ confidence in the banking system. Only for a few defaulting borrowers, the banks suffer, depositors suffer, performing borrowers suffer, shareholders suffer, Government suffers and consequently economy and the people of the country suffer. The latest data reveal that in Bangladesh banking sector the amount of NPL is Tk 2572.65 crores (7.17% of total loans) up to September 2011. The ratio of NPL was as high as 41.1% in 1999,...
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...implementation to ensure the desired Vision, Mission and Objectives of an organization is achieved both effectively and collectively. Therefore, management is an important tool towards the success and sustainability of any organization. As such, the need to have a clear understanding on the true meaning of management and other related subject matters in relation to this paper is as follows: a. Management. ‘Management’, generally means the act of getting people together to accomplish desired goals and objectives using available resources efficiently and effectively. Management in its broad sense comprises of planning, organizing, staffing, leading or directing and controlling. b. Ethics. ‘Ethics’ also known as ‘Moral Philosophy’ can be defined as the principles of morally acceptable conduct of individuals. Ethics also means an individual’s personal beliefs about right and wrong behaviors. It is a branch of philosophy that involves systematizing, defending, and recommending concepts of right and wrong behavior of individuals and groups. However, it also forms the basic concepts and fundamental principles of right human conduct that includes study of universal...
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...What the Literature Says About Juvenile Sex Offenders The following articles, factsheets, and studies have been compiled to assist attorneys and individuals working on behalf of youth charged with sexual offending. The information contained in these resources aim to help others realize the fundamental differences between adult sex offenders and juvenile sex offenders, which include positive responses of juveniles to treatment, low recidivism rates of juveniles and negative impact of registries on youth development. It is our hope that this information will be used to improve legal outcomes for juvenile sex offenders, and uphold the purpose of the juvenile justice system as a rehabilitative, not punitive, system. PUBLICATIONS BY TOPIC Recidivism Rates/Amenability to Treatment Judith V. Becker, What We Know About the Characteristics and Treatment of Adolescents Who have Committed Sexual Offenses, 3 CHILD MALTREATMENT 317, (1998). The author states that comprehensive data does not exist to support the notion that if adolescents commit one sexual offense, they will go on to develop a pattern of sexual-offending behaviors or develop a psychosocial disorder. Michael F. Caldwell et al., An Examination of the Sex Offender Registration and Notification Act as Applied to Juveniles: Evaluating the Ability to Predict Sexual Recidivism, 14 PSYCHOLOGY, PUBLIC POLICY AND LAW 89, (2008). This study compared 91 juvenile males who had been treated in a secure correctional treatment program for...
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...legislation, and Congress recognized that technology had changed to the point where several pieces of the Act were no longer fit to serve as the basis for interpretation. The 1976 Act was designed to address intellectual property issues raised by new innovations in technology that were previously unforeseen. The Act addresses to the legal practitioners and non-lawyers what kinds of rights they have based on the medium in which they have chosen to communicate an idea as what as what constitutes a copyrightable idea. The sine qua non of copyright is originality, however, the Copyright Act sets the standard for creativity extremely low. Rather than the completely novel ideas protected by the patent laws, copyright laws dictate that an idea only needs a minimal degree of creativity to be protected. The Copyright Act is seen as a compromise between the rights of the publishers and the rights of the authors. The extension protects the rights of the authors with respect to whether they can profit from their ideas, but the publishers now have certain rights that they can assert which they did not have before. II. Statement of Facts Prerequisite to Our Study The Copyright Act of 1976 discusses several ideas which will help authors of ideas more effectively assert their rights in the public and private domain. It will help them to understand...
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...LWB146 LEGAL FOUNDATIONS B Semester 2, 2009 Corbin and Carter’s zero tolerance approach INTRODUCTION Students are supposed to come to school, ready to learn and behave appropriately. But for some students whose behaviour are found to be irresponsible, sloppy, or bad-discipline, schools must outline clear and consistent consequences to penalize them. Corbin and Carter recommended on findings of academic misconduct and the admission requirements of legal profession. This paper considers whether the court should take a zero-tolerance approach to plagiarism and academic misconduct. Firstly, key terms are defined; followed by arguments in favour and against of this position are explored. The paper also discusses different approaches from other state and concludes with the most preferable approach. PLAGIARISM & ACADEMIC MISCONDUCT Plagiarism originated from the Latin word ‘plagiare’ .Recently, it is literally refers to the knowing presentation of the work or ideas of another person as if it were the student’s own idea . This is more likely related to the breach of ethical principles rather than legal rules . Academic misconduct includes collaboration and plagiarism in relation to formal academic exercise. It is unethical and dishonest. Students will be given penalty resulted in any misconduct along their studies. It can also have an effect on the school’s reputation. This problem always exists and is needed to be solved . ARGUMENTS FOR A ZERO-TOLERANCE APPROACH ...
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...n Management of Non Performing Assets σ Abstract - In India the magnitude of the problem of bad debts was not taken seriously. Subsequently, following the recommendations of Narasimham committee and Verma committee, some steps have been taken to solve the problem of old NPAs in the balance sheets of the banks. It continues to be expressed from every corner that there has rarely been any systematic evaluation of the best way of tackling the problem. There seems to be no unanimity in the proper policies to be followed in resolving this problem. There is also no consistency in the application of NPA norms, ever since these have been recognized. Non Performing Assets are also called as Non Performing Loans. It is made by a bank or finance company on which repayments or interest payments are not being made on time. A loan is an asset for a bank as the interest payments and the repayment of the principal create a stream of cash flows. It is from the interest payments that a bank makes its profits. The problem of NPA is not limited to only Indian public sector banks, but it prevails in the entire banking industry. Major portion of bad debts in Indian Banks arose out of lending to the priority sector at the dictates of politicians and bureaucrats. If only banks had monitored their loans effectively, the bad debt problem could have been contained if not eliminated. The top management of the banks was forced by politicians and bureaucrats to throw good money...
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...MULTIMEDIA UNIVERSITY OF KENYA AUTO-LITIGATION SYSTEM EVANS ODONDO ODUOR IST-221-028/2012 3RD YEAR SEMESTER 2 SUBMITTED ON 10TH APRIL 2015 Name of the supervisor Signature of the supervisor TABLE OF CONTENTS CHAPTER 1: INRODUCTION……………………………………………………3 1.1 Background study………………………………………………………..3 1.2 Problem Formulation and solution……………………………………....3 1.2.1 Problem Definition…………………………………………4 1.2.2 Justification…………………………………………………4 1.2.3 Objectives…………………………………………………..4 1.2.4 Scope………………………………………………………..5 1.2.5 Research Questions…………………………………………5 1.2.6 Basic Assumptions of Study/Project………………………..5 1.2.7 Basic Limitations of Study/Project………………………….5 CHAPTER 2: LITERATURE REVIEW…………………………………………..6 2.1 Introduction……………………………………………………................6 2.2 Review of Relevant Literature and Opinion…………………………….6 2.3 Existing Systems………………………………………………………...7 2.4 Re-Definition of Problem………………………………………………..8 CHAPTER 3: RESEARCH METHODOLOGY………………………………....8 3.1 Participants………………………………………………………………8 3.1.1 Leading/senior counsel…………………………..……………8 3.1.2 Junior Associate Attorney………………………..……............8 3.1.3 other non-legal staff……………………………..……………8 3.2 Research Design…………………………………………………………8 3.2.1 Descriptive Design……………………….….………………...8 3.3 DATA COLLECTION…………………………………………………9 3.3.1 Interviews………………………………………………………9 3.3.2 Questionnaires…………………………………………….........9 3.3.3 Literature Review………………………………….…………..10 3.4 DATA ANALYSIS……………………………………………………….10 2 3.5 RESOURCES...
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...Introduction The origin and development of ADR in Mongolia Concept and stages of administrative proceeding Necessity to adopt mediation procedure on Mongolian tax case and dispute Conclusion References Abstract Tax law covers a significant presence in administrative law sectors. Tax dispute and cases are part of the administrative law disputes and resolving tax dispute and cases through ADR is much peaceful mechanism. Despite the mediation procedure on tax cases and dispute is occupying great position in the national legal systems of countries, international level dispute resolution based on the principles of mutual trust is a flexible and effective method. Countries tend to implement mediation procedure on tax cases in accordance with their legal culture, consciousness level and characteristics of the population regardless of their legal family. Reconciliation and mediation on tax cases and dispute is system which settling cases by parties making dialogue to find mutual consent that can fit to the actual situation without getting restricted by a tight law regulation. Therefore the necessity to resolving tax cases through reconciliation and mediation is seen as a pressing problem in many countries. Key words: Reconciliation And Mediation, Mediator, Mediation Technique, Mediation Procedure, Administrative Case Proceeding, Mediation in a Framework of Tax Dispute Abstract 세법은 행정법 분야에서 중요한 존재를 다루고 있습니다. 세금 분쟁 및 사례 관리 법률 분쟁의 일부 ADR 을 통해 세금 분쟁과 사건을 해결하는 것이 훨씬 더 평화로운 ...
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