...Cannon 30 April 2013 Civil Disobedience When should civil disobedience be justified? Civil disobedience is defined as the refusal to obey government laws, in an effort to bring upon a change in governmental policy or legislation. Civil disobedience is not an effort to dissolve the American government, because without government our society would result in chaos. Sometimes, when there is an unjust law and the government won't take the initiative to fix it, the public must act as civil disobedient to bring awareness and fix the unjust law. There have been times when citizens have felt the need to revolt against the government because of an issue that is unjust. There were such cases during the time of Dr. Martin Luther King Jr. and Henry David Thoreau made such actions to prove their point. Civil disobedience is justified when its goal is to obtain equal rights and service for everyone, without causing physical damage to people and their property, and without breaking the just laws that are already enforced. It should only be practiced when the government fails to uphold justice and fix laws that don't allow everyone the equal rights already given to some. In his essay, "Civil Disobedience" Thoreau wrote in 1849 after spending a night in the Walden town jail for refusing to pay a poll tax that supported the Mexican War. He recommended passive resistance as a form of tension that could lead to reform of unjust laws practiced by the government. He voiced civil disobedience as "An...
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...many different legal aspects of nursing. The legal aspects are there to protect the patients. Nurses need to know these because it can put their license in jeopardy, fines, jail time or even worse, harm to a patient. Not only could you be in trouble because you did something, you could also be in trouble for not doing something. When working with patients that are sick or injured the last thing you need is to let something else other then there sickness or injury interfere with their healing or comfort level. By choosing to become a nurse you accept the laws and responsibilities that come along with it. As a Licensed Vocational Nurse the combination of legal principles, established laws, moral standards and ethical principles guide your practice of nursing. As a nurse you need to know these and how they affect the practice. There will be a lot ethical decisions that you will have to make during your career. By knowing the laws, this will help with the decisions you have to deal with. Laws prescribe proper behavior in society; they sanction acceptable behavior and prohibit unacceptable behavior. It’s important for you to know the basic’s of the legal system, which will help protect you from wrong doing. There are two different types of laws. Civil and criminal. Civil laws are laws that violates a person’s rights, conduct at issue is detrimental to the individual and involves an offense that is against an individual. Civil laws purpose is to right a wrong and...
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...QUESTIONS SHEET “HUMAN RIGHTS AND CIVIL RIGHTS” AT THE END OF THIS LESSON. Time: 1h. 30m. Content Objectives • Students review common greetings and introductions by role-playing. • Students communicate and exchange personal information. • Students claim their rights through speaking up about them. Rights Literacy Objectives • Students discuss the idea of each human being entitled to “rights.” • Students begin to incorporate simple rights language into their conversations. Language Objectives • Students review vocabulary on greetings and role-play a basic conversation in pairs practicing common expressions. • Students practice speaking “human rights language.” Materials Needed • Paper, writing board • Pencils, pens • Student lesson handout • Copies of the Universal Declaration on Human Rights (recommended) Content Objectives • Students review common greetings and introductions by role-playing. • Students communicate and exchange personal information. • Students claim their rights through speaking up about them. Rights Literacy Objectives • Students discuss the idea of each human being’s entitlement to “rights.” • Students begin to incorporate simple rights language into their conversations. Language Objectives • Students review vocabulary on greetings and role-play a basic conversation in pairs practicing common expressions. Intermediate Level Basic Human Rights Toolkit ESOL These lessons contain some basic information about U.S. law. This information is not legal advice and is not...
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...English Comp 201 Professor Harvey February 5, 2014 Should Individuals Without a Government Issued License be Able to Practice Law? Majoring in the legal field has always been a dream of mine. As a little girl, I dreamed of serving the public, sitting in a courtroom and putting “bad guys” behind bars all in a day’s work. I then imagined myself leaving the courtroom and treating myself to a shopping spree, manicure and massage all on a lawyer’s salary. I thought I had everything figured out and life would be perfect as I rode off into the sunset with Prince Charming wearing my suit, and carrying a briefcase. Since then, I have learned law is much more complex than I ever imagined and the idea of a perfect career began to blur right before my eyes. I then decided a career as a paralegal was a better fit for me. I started the path to my career as a paralegal at Minnesota State University Moorhead, and even took an introductory course last fall. One day, my professor asked the class if we thought practicing law without a government issue licensed was considered the unauthorized practice of law. The class began a debate that took nearly the entire class period. It was that moment I became aware of the changes that lie ahead in the legal field before I get my degree. In the last year, a hot, new topic has starting being discussed in the legal field and has created controversy and difference in opinion amongst all fifty states. The controversy began when Washington legalized the limited...
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...shifting in every civil case: - there is a SC that determines nothing in England but attorney fees. * The reality with this is that there is less litigation because any losing party has to pay the others fee. * The cost should be reasonable so you can’t just say that you billed all the amount and now need to be paid. * Civil rights attorney fee: - The second front: - The battle lines for civil rights – there is grudging attitude on court awarded attorney fees – since 1987 we have had the grudging area of the court allowing attorney fees – hard to get fees if prevailing party, hard to calculate – grudging – * The attorney fee is statutory – so congress can change the rules. * The case below – if negotiating on fees as a plaintiff then negotiate the fees in the agreement (attorney fees) – so you negotiate the fee with the settlement decree or you will be out of luck. * Dissent: - * Pg. 912- there is a 2 tier standard for a prevailing P: - * You get the fees regularly absent circumstances that would render the fee unjust. E.g pro se representation. * Garland independent school: - ct held that you don’t need a central issue standard; - just need to point to a ….. Civil Rights Attorneys’ Fees Award Act of 1976 (42 U.S.C. § 1988(b)) 1. In any action or proceeding to enforce a provision of §§ 1981, 1982, 1983, 1985, and 1986 of this Title, Title IX of the Education Amendments of 1972 or Title VI of the Civil Rights Act of 1964, the court...
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...Chapter 1 The Legal Environment Answers to Learning Objectives/ For Review Questions at the Beginning and THE END OF THE CHAPTER NOTE THAT YOUR STUDENTS CAN FIND THE ANSWERS TO THE EVEN-NUMBERED FOR REVIEW QUESTIONS ON THIS TEXT’S WEB SITE AT WWW.CENGAGE.COM/BLAW/BLT. WE REPEAT THESE ANSWERS HERE AS A CONVENIENCE TO YOU. 1A Sources of Law Primary sources of law are sources that establish the law. In the United States, these include the U.S. Constitution and the state constitutions, statues passed by Congress and the state legislatures, regulations created by administrative agencies, and court decisions, or case law. 2A COMMON LAW TRADITION Because of our colonial heritage, much of American law is based on the English legal system. In that system, after the Norman conquest, the king’s courts sought to establish a uniform set of rules for the entire country. What evolved in these courts was the common law—a body of general legal principles that applied throughout the entire English realm. Courts developed the common law rules from the principles underlying judges’ decisions in actual legal controversies. 3A Precedent Judges attempt to be consistent, and when possible, they base their decisions on the principles suggested by earlier cases. They seek to decide similar cases in a similar way and consider new cases with care, because they know that their conflicting decisions make new law. Each interpretation becomes part of the law on the subject and...
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...could to try and be with them. Fighting for someone or something that you love can be tiring and stressful. Homosexuals have been fighting for years to get the right to be together. They’ve protested, complained, fought, and argued to try and change the minds of the world. We live in a society where we try and fit in and be like others, so we start to agree with others even if we know it’s wrong. Same sex marriage should be legalized in every state so that no matter where you go you’ll always have the right to be you and be with the person you choose. In 1988, there was a much higher opposition towards same sex marriage, almost everyone was against it. I think the reason for this is because religion was much more of an issue back then than it is now. Now in 2014, people have seemed to become more comfortable with the fact that people are homosexual and getting married. It’s almost like there’s a stereotype of people who are against it though. They say that its elderly people, African Americans, and republicans that seemed to be the most opposing ones. If the issue has come this far in such a short amount of time, I can only imagine how little of time it will take for same sex marriage to be legal in the entire country (Changing Same Sex Marriage Attitudes In America From 1988 Through 2010). Same sex marriage is legal in 16 states, which has caused an uproar in our entire country. States have started to see this change and have really considered whether or not to legalize it...
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...marriage. Marriage, as per society, is a special event in almost everyone’s life. Marriage should be about getting married to someone you love. Marriage should be a natural event no matter what sex that person is. It is not just a piece of paper that binds you together; it also involves legal aspects, economic and social issues as well. The focus of this paper will be on these issues and how they are intertwined. When society first started discussing this issue they were set on the fact that it would destroy heterosexual marriage and that it would bring harm to everyone. It has been discussed on every major television program and/or channel. Almost everyone has an opinion on the subject but most will not support it with hard facts. According to revised estimates from the 2010 Census, there were 131,729 same-sex married couple households and 514,735 same-sex unmarried partner households in the United States. In the 2000 Census there were 594,391 households headed by same-sex partners and in 2011. Maggie Gallagher, co-author of “The Case for Marriage,” testified in front of the Senate that gay marriage activists are misrepresenting the impact gay marriage will have. Gallagher stated as reported by Fox News, “I think same-sex marriage advocates are not being clear or honest about what a big change this will be. We are all going to have to be re-educated.” An argument made by Nan Hunter, Marriage, Law & Gender, stated that legalizing lesbian and gay marriage will destabilize...
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...Material Issues in Psychological Testing Worksheet Using the text for this course, the University Library, the Internet, and/or other resources answer the following questions. Your response to each question should be at least 200 words in length. 1. What are at least two ethical issues associated with psychological testing? What impact do these issues have on the field of psychological testing? Psychological testing is used to measure or observe a client’s behaviors, thoughts, personality, and feelings. There is a numerous amount of reasons and ways tests can be conducted such as educational or clinical purposes. Since the beginning of psychological testing many ethical and legal issues have been risen (Hogan, 2007). One ethical issue associated with psychological testing is confidentiality. Results of tests need to be kept in a private manner and there can be a couple of instances where the results of a tests end up being revealed to other parties before the client knows the results or the client could never be informed. Minors can be a part of this confidentiality issue. APA has specific guidelines that are supposed to be followed but these guidelines can clash with the ethical and legal issues when dealing with minors or special needs individuals. Another ethical issue that can be associated with psychological testing is consent (Hogan, 2007) Consent must be obtained by the proper party before psychological tests can be conducted. Again, issues with minors and...
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...TUI University William A. Green IV Module One Case Assignment MGT 516: Legal Implications in Human Resource Management Dr. Kyle Steadham 18 August, 2014 Introduction For our module ones case assignment we will look at the Gelato Cheese Company. It has 100 employees at its principal processing plant. The plant crew is primarily young with 85% between the ages of 25 and 35. It is located in Heartland Corners U.S.A. which is comprised of 50% white and 25% African American with the remaining 25% Hispanic American, Asian American and others. The company requires a high school diploma for employment on its cleaning crew and the entire crew is white. Statistically, 75% of Heartlands Corners white population has completed high school while 25% of those in minority groups have completed high school. We will look to see if the company is in in compliance with Title VII of the Civil Rights Act (CRA) of 1964 and the Age Discrimination Employment Act (ADEA) and if the company should make any changes to their policies and why those changes are necessary along with recommendations. We will also discuss how Title VII of the CRA of 1964 and the ADEA may or may not apply and how disparate treatment and adverse impact may or may not apply. There is also a reference page at the end of the paper quoting references and a grading rubric. Compliance to CRA 1964 The CRA barred racial discrimination in businesses, voter registration, and in any program that received support...
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...|Employment Law | Copyright © 2009, 2007, 2006, 2004 by University of Phoenix. All rights reserved. Course Description This course provides an overview of federal statutes and state-regulated areas that affect the personnel function. Among topics addressed are EEO and affirmative action, OSHA, ERISA, FMLA, and ADA; employee privacy issues (polygraph testing, drug and alcohol testing, employer searching and monitoring); and wrongful discharge. Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents: University policies: You must be logged into the student website to view this document. Instructor policies: This document is posted in the Course Materials forum. University policies are subject to change. Be sure to read the policies at the beginning of each class. Policies may be slightly different depending on the modality in which you attend class. If you have recently changed modalities, read the policies governing your current class modality. Course Materials Bennett-Alexander, D. D., & Hartman, L. P. (2007). Employment law for business (5th ed.). Boston, MA: McGraw-Hill. All electronic materials are available on the student website. |Week One: The Legal...
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...a discrimination case in the workplace that you are aware of, or refer to an example from the text or from your research. Identify the legal issues that are involved with the claim that discrimination does or does not exist. What are the legal considerations that affect either the business or the individual claiming discrimination? In Chapter 33, Cheeseman mentions a discrimination case involving Walgreens. I found this case to be very important because almost everyone has heard of Walgreens and the way they were treating their employees was despicable. They discriminated against employees of different skin color, and then treated employees differently involving their pay and schedules. Equal Employment Opportunity is something I constantly hear about; especially when applying for jobs you can see at the bottom of the website the company will state they are an EEOC company. The federal agencies were put in place to make sure that businesses were not breaking the laws. “Title VII of the Civil Rights Act of 1964 was primarily enacted to prohibit employment discrimination based on race, color, and national origin” (Cheeseman, 2010). In the Walgreens discrimination case it was clear that there was not only race discrimination but also color discrimination. Walgreens had involved themselves in several legal issues. Walgreens did not follow Title VII of the Civil Rights Act of 1964. It caused the EEOC to get involved. The EEOC filed a complaint against Walgreens. There were...
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...Susongsha 1 1 Susongsha Shrestha Sherry Sharifian Govt 2305 February 11, 2018 Civil Rights and Civil Liberties According to Benzine, civil liberties are limitations placed on the government. They prohibit the government from carrying out activities that infringe people's freedom. The First Amendment provides freedom of religion and hinders government interference. In contrast, civil rights are restrictions on the powers of the majority. They prevent people from making decisions that benefit them at the expense of others. They are assurances of equal conditions by the government. They protect minorities from discrimination by the majorities. An example is same-sex marriages. It seems like a civil liberty issue except not all individuals can...
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...Most people believe that they deserve the rights they are granted by the government. An upstanding citizen who pays their taxes, serves their community and abides by the law should be afforded the rights of an American. However, not all citizens are afforded equal rights. Gay and lesbians are consistently denied rights that are typically taken for granted by the average American. Specifically, gay and lesbians couples are denied the right to marry even if they are upstanding citizens. They are held at an unfair disadvantage solely because of their sexual orientation. This discrimination must stop because gay and lesbian couples are law-abiding citizens too, who should be afforded the same rights as heterosexual couples. One common problem that plagues gay and lesbian couples that are denied the right to marry is their inability to claim their partner’s social security after he or she has died. The Human Rights Campaign, which work to achieve equal rights for lesbian, gay, bi-sexual and transgender people, is supporting the effort to attain survivor benefits for domesticate partners. They believe, “Any alteration to the Social Security system must include partners of gays and lesbians in its definition of survivor”(Survivor Benefits 1). Currently, there are no programs that give homosexuals survivor benefits like the ones that are provided for heterosexuals who are married or divorced. Gay and lesbian partners are not able to claim benefits of their deceased, regardless...
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...Memorandum To: CEO of Toy Company From: Elementary Division Manager Date: 10/22/2014 A. Constructive Discharge as a Legal Concept relevant to this scenario The company attorney has informed us that Mr. Smith, a former employee, has filed a claim of constructive discharge under Title VII of the Civil Rights Act of 1964. Mr. Smith claims due to our new production schedule we practiced religious discrimination by forcing him to work on a religious holy day. According to the AAUW “Title VII of the Civil Rights Act of 1964 is a federal law that prohibits employers from discriminating against employees on the basis of sex, race, color, national origin, and religion.” (AAUW, 2014) Contructive discharge happens once an employeer engages in a practice that creates an intolerable work life for any of the above listed protected groups. According to the University of Chicago Law Review, there are two different tests that have been developed for deciding if an employee has been constructively dishcarged. The first test is a reasonable person test. This test simply looks at a reasonable person and decides if they would have found the conditions to be inolerable. (Finnegan, 1986) The next test is an intent test. This test requires the plaintiff to show that the conditions were intolerable but also show that these conditions were created with the intent of forcing the employee to resign. (Finnegan, 1986) I believe Mr. Smith’s allegations will not pass either test. ...
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