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US Supreme Court Case: AT & T. v. Hulteen
The instant case is a United States Supreme Court case in which the primary issue was to determine whether the Pregnancy Discrimination Act (PDA), 42 U.S.C. § 2000e(k) is violated by an employer, when pensions are calculated on the basis of accrual rule, giving less retirement credit for pregnancy than for medical leave (AT & T Corp v.
Flash and Viper’s Den can put up an affirmative defense based on the facts of the case. Flash can defend himself by saying that Jim Morriston was under the influence of alcohol when he slipped and fell. This had several implications, including the fact that Jim Morriston’s thinking and reasoning were affected by the alcohol he had taken.
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The main legal issues are therefore whether or not Mr. Andrews has established trusts or absolute gifts and if so, whether or not he is at liberty to revoke these trusts/gifts. In order to determine whether or not the gifts/trusts can be revoked, it will be necessary to ascertain whether or not Andrews has the power to revoke the gifts as a settlor or otherwise.
This memorandum outlines the issues surrounding the discourse community of law enforcement. The assignment is about a discourse community, and it explores the way that people communicate within the law enforcement professional area, looking at informal and spoken contexts as well as more formal written contexts.
Interpretation and Application of Statutory Legislation
In the United Kingdom, the Parliament as in other countries assumed the role of lawgiver. The law drafted, tabled and passed by the parliament requires an endorsement of Royal Crown. The law passed by the parliament may be of personal, private, public or localize in its structure.
Biological factors must be looked upon as providing a partial explanation of criminal behavior, in very limited circumstances. Assigning criminal aggression to biological factors ignores the fact that crime is intentional and not physiological. Just as criminals choose crime as an outlet for aggression, athletes choose sport as an outlet.
The years they spend in the confinement, however, reduces their opportunity for a transition from the institutional perspectives to a free life in the community as they face challenges in meeting their basic needs during the imprisonment that eventually declines their ability to reconnect with the society by which some of them become fundamental misanthropists after being exposed to extreme perils of human life.
In the midst of media saturation and higher public interest, large amount of confusion hang back about the diagnosis of unrelenting vegetative state of the case, and the judicial process and ethical framework related to Terri’s care. Several issues are associated with the Terri Schiavo case, such as ethical, psychological, medical, religious, legal, and philosophical.
The Act was enacted to introduce new provisions in respect of persons who lack capacity in respect of making particular decisions and maximizing their ability so as to make decisions as well as participation in respect of decision making. Further, a superior court of record known as the Court of Protection was established instead of the office of the Supreme Court.
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As the paper outlines, whether a school is at home, in a publicly funded facility, or an institution that charges money from the parents for education, all juveniles are mandated to attend. Twenty-six states require that juveniles stay in school until the age of sixteen, with the remaining states and territories mandating that education continues until the age of seventeen or eighteen.
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A large number of “crimes against property”, for instance, theft, stealing and shoplifting, mostly involve drug addicts. The addicts become short of cash for their subsequent ‘fix’ and require a little ‘quick money’ or something to trade for money. Women mostly are the victims of domestic violence.
These policies are built on the basis of federal and state IT legislations. Information and information security is an important aspect of business for this company. Some of its policies are geared towards ensuring that the company’s information and information systems are as secure as possible at all times.
There was a time when a firm’s community projects were undertaken as a form of philanthropy and even public relations (Cheney, May & Munshi, 2010:234). Recent events involving firms in issues of product safety have appeared to intensify public clamor for the imposition of stronger accountability measures by the government.
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It is likely that the phrase was used as a more elegant method of saying important interests or that the three were given as examples rather than absolutes. An example of this is the ruling by the Supreme Court that reputation does not fall under these three categories and, as a consequence, is not covered under the due process amendment.
Inmate subculture is defined by criminologists as “the informal organization among inmates comprising of a particular language and a distinctive set of informal norms, attitudes, beliefs, values, statuses, and roles that give prisoners a different perspective from people on the outside (or as prisoners say, those of us in the free world)” (Net Industries, n.d.).
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As the paper stresses the social definition on the other hand is to a great extent less specific. It includes level of seriousness variables of the offense, the act rate of recurrence, and the juvenile attitude. Sociologists relate particular childhood behaviour with the family, peers, home, neighborhood, and various additional variables.
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This piece of work will look at different behavior traits that are portrayed by children after subjection to different circumstances. The discussion will be based on Elliott Currie’s book; “The Road to Whatever” and the various issues that are discussed by the author.
Compton vs Merlotte.
The Court cannot hear the complaint for unfair dismissal because Bill is bound by the arbitration clause as provided in the Revised Merlotte’s Employment Handbook. The provision that “all disputes arising out of employment with Merlotte would be settled by binding arbitration” is valid and binding on Bill when he signed the waiver that he “understood and accepted the revised terms” of his employment contract.
However, the judges can be relieved of their duties through impeachment by the congress, if they are found and convicted of behaving in a manner that does not befit their status i.e. in unethical manner. Several judges have suffered this fate, for example Walter Nixon of Mississippi in 1989 for committing perjury and Thomas Porteus of Louisiana in 2010 for engaging in corrupt activities among other offenses, which included perjury (Carpenter 45).
Sting operation is used in the “Birmingham Police Department” (BPD) to assist investigators in apprehending wrongdoers (Stevens, 2008). Reviewing of Dr. Langworthy’s findings on sting operations allow BPD to investigate and address criminal issues. This paper discusses sting operations adoption at the BPD and uses concepts pertaining to “inputs, activities, outputs, and outcomes” to justify its necessity (Stojkovic, Kalinich & Klofas, 2007).
Also, in many cases, the authorities are given training regarding the correct the use of force. They are also made aware of the legal punishments that could be imposed on them for unethical use of force. So, this paper will focus on the above discussed issues, which surround and concern the ethical use of force.
The claim of Zehmer that he was merely drunk, and at the same time only joking (i.e., did not really intend to sell), is not sufficient to invalidate the existing contract. The complainants are entitled to the specific performance of the contested contract. The decision of the lower court is therefore reversed, and the case is remanded.
Provision of a rapid response to all citizen calls for service is not an effective use of police resources because of a number of reasons. These reasons include the fact that the police resources are allocated according to generic plans that are drawn up by the police headquarters.
Unlike air traffic controllers, aircraft dispatchers work directly for the airlines, as well as in some cases being protected by a union-like agreement through non-profit labor organizations, such as the Professional Airline Flight Control Association (PAFCA) (“Professional airline flight”, 2011).
Marco Velasco, the DEFENDANT, of legal age, running with friends within the vicinity of San Diego Middle School was apprehended by authorities after they ran inside and then exited the SDMS campus with various items in their hands. The defendant was holding a glass vase, while the rest held a bottom of a lamp, a chair leg, and a candlestick.
The author states that community-based corrections system still holds the objective of protecting the public, vindicating the victim of the offender and preventing the latter from reoffending through any of the following goals: rehabilitation; community reentry; restorative justice, and; shaming.
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The use of special operations and military force in police operations can lead to “stand-off’s” and “sieges” like the Ruby Ridge incident in which innocent civilians died, wrongly targeted by law enforcement. The example of Ruby Ridge thus calls for restraint and a revision of tactics in Critical Response in terrorist apprehension.
The offeror makes the offer while the offeree accepts the offer. In addition, an offer can be made to the whole universe and anyone can accept it. For instance, a manufacturing company advertised that no one who used their product would suffer from flu, and if he caught flu even after using their product, he would be paid ?
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According to the study conducted, expert witnesses often do not exhibit the appropriate ethical standards required to make them objective. If the prosecution or defense is paying the expert witness, the tendency may be for the witness to testify in a skewed manner, in support of the agency paying his or her way.
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Moreover, it is wrong to surmise that making drugs illegal leads to an increase in their abuse. This statement can be established by comparing the number of alcoholics to the number of drug abusers. The former are much larger in number, and this drives home the fact that legalizing drugs would lead to a much larger number of drug addicts. A telling example is provided by the enactment of the US Narcotics Act of 1914, which resulted in a major decrease in the number of drug users (Clark).
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Growing evidence indicates that unnecessary job stress can be reduced in police work as well as other occupations, which would result in fewer heart attacks and strokes. In addition, some data suggests that many mental health problems begin at work and are linked directly to drug and alcohol use and conditions of employment.
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A similar pattern is followed at the court levels with minorities facing harsher treatment as compared to Whites (Coker, 2003). American Indians are imprisoned in figures disproportionate to their national figures i.e. 16-19%. For similar crimes, African Americans are more likely to be sentenced or receive longer terms than Whites.
The political landscape of the early 21st century is the subject of study, with particular reference to the current president, and his struggles in working with an ideologically distant Republican Party. Rifts in the Republican Party have created opportunities for more extreme candidates and constituents to inject racial prejudice into national politics, which may cloud President Obama’s legacy.
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Jeffery Dahmer. Jeffery Dahmer, a frightening criminal was the resident of Milkwaukee, United States of America by birth. He was accountable for killing 17 young men successively, related to Asia and Africa in origin. He was caught after 13 years of committing heinous crimes on July 22, 1991 from his place of residence (David, 1991).
The author states that tort-based cases, under which medical malpractice belongs, do not only have compensation as an objective, but also the vindication of a right, protection of interest, deterrence, retribution, and punishment of wrongful conduct. Arbitration simply resolves disputes at less cost to the parties.
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When May Police Search Without a Warrant?
It is common knowledge to most Americans that police must have a warrant before searching someone’s property. After all, the Fourth Amendment to the Constitution states that “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized”.
How is contract defined? When do teachers become ineligible for unemployment compensation benefit? What are the instances that disqualify a teacher from getting the compensation contract? Brief Answer It depends on the contract and employment status of the substitute teacher.
Hate crime has portrayed that there still exists intergroup and interracial activities in American society. Public commentators, journalists, and group advocates usually make unrealistic demands on some crimes. Public commentators, journalists, and group advocates command that some crimes be branded as biased.
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The American constitution lays great emphasis on the dignity of a man. The current rules have the basic purpose to discover the reality. According to Arthur T. Vanderbilt, “there is no more important right in the law than the right to a fair trial, for without a fair trial all the rights vouchsafed by the sanative law are worthless”.
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In a situation where there is no sufficient reason to prove the existence of a serious threat presented by the skilled person, the person who killed can be held liable for second-degree murder. In most situations, second-degree murders arise from spontaneous actions such as fights. The legal penalty for the crime is less severe than first-degree murder.
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The application of the laws is one of the most important elements of peace and order in our society. The clear application of the basic laws mandates equal application, regardless of race, nationality, gender, and other demographic qualities of the involved parties. However, in the current application of the judicial system, there are apparent discriminatory practices against some groups including the minorities.
Even though rape or any kind of sexual assault in correctional facilities is prevented by the 2003 Prison Rape Elimination Act (PREA), still the cases of sexual offences in correctional facilities are increasing. This paper briefly analyses the rape in correctional facilities and the possible solutions to eliminate sexual assault cases behind the bar.
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Accordingly, to ask whether real estate appraisers were to blame for the real estate crisis is one way of asking whether those appraisers bore some of the responsibility for ensuring that the system remained intact and, secondly, whether they defaulted on this responsibility.
Like any other state, the state of Arizona has been fighting to curb the rising rates of crimes. Crimes are not only costing a lot of citizens their lives, peace and property. They are also costing the state a lot of money in maintaining the ever increasing prison population and running various rehabilitation programs targeting offenders.
The committee presents its report to the House, and this includes all the necessary amendments and recommendations made by the committee that studied the matter at hand. This gives rise to the Third Reading, which involves a final vote on the matter. When the vote is in favour of passing the Bill, it is carried on to the next stage.
However, when an organization’s primary objective is to enforce a code of law, such as the criminal justice system, ethical outcomes are equivalent to efficient outcomes (Banks, 2008). In that sense, ethics in criminal justice is very important and should be the consideration of every person operating within that context.
Nevertheless, this apparently fixed interdiction is negated by the Charter itself in two major terms. The Security Council is permitted to use aggressive measures whenever it identifies that there is an existing hazard to international security, peace, and order (Laursen 2004, 485).
The basis for my further discussion is positivist theory, which is of central concern in many sociological studies. Introduction There are three main factors influencing on deviant behavior formation: biological, psychological and environmental ones. I would like to focus my attention on environmental factors.
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Laid with high expectations from constituents, they are expected to perform their roles and mandates professionally and in observance to international humanitarian standards. However, empirical evidences showed otherwise as emerging abuses and police brutality are mounted by civilian communities.
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It is very important for concerned authorities to provide awareness to new law enforcement officers, as well as their family members that will be beneficial and imperative in avoiding any adverse impact on the professional, as well as the private life of law enforcement personnel due to different factors and causes of stress.