Question A: Likelihood of Kimberly’s claim being successful: With the central issue in Kimberly’s circumstance of being physically and mentally impaired due to the shutters of the Bed & Breakfast house flying off and as a result‚ hitting the plaintiff (Kimberly)‚ there is a high possibility that Kimberly’s claim will succeed. As a result of Elle being aware that months after the shutters were installed‚ she noticed splinters in the wood and damage in some of the shutters but took no precautionary
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Comparison Gall‚ Borg and Gall (1996) discuss several similarities and differences between qualitative and quantitative research methods. With respect to similarities‚ both kinds of research formulate epistemological positions regarding the nature of causation and reality and both comprise a set of methods for designing research‚ collecting data‚ analyzing data‚ and deriving information from data collection and analysis. However‚ they differ in terms of the epistemological positions they advocate and in
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The Sook Ching‚ meaning a purge through cleansing‚ was a massacre that happened when Britain surrendered Singapore to Japan‚ from February 18 to March 4 of 1942. Chinese males aged 18 to 50 were called to screening centers to be examined by Japanese soldiers. If they were deemed “anti-Japanese‚” they would be executed. While this massacre is not as well-known as other historical events‚ there is still debate on some of the causes. One idea that is widely disagreed on is that the Chinese were passing
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Identify and explain the four elements of proof necessary for a plaintiff to prove a negligence case. The four elements necessary to prove a negligence case are duty of care‚ breach of that duty‚ injury‚ and causation. The first requirement in establishing negligence is for a plaintiff to prove the existence of a legal relationship between himself or herself and the defendant. Duty is defined as a legal obligation of care‚ performance‚ or observation imposed on one to safeguard the rights of
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Primary care providers are often asked to provide an opinion on causation for patients that are under their treatment for spine related symptoms. The opinion is typically requested in the form of a medical legal report especially if the symptoms may have come about due to the wrongful act or tort of another person. A tort consists of a wrongful acts or injury that leads to physical‚ emotional‚ or financial damage to a person in which another person could be held legally responsible. In medical
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The Nature of Crime 1. Describe the nature of crime - The meaning of crime Crime * The fundamental role of criminal law is to protect society from those whose behaviour society has deemed to be unacceptable. Another feature of criminal law is the notion that all of society is the victim. Therefore most criminal law cases are brought by the state. Crime: An act or omission of duty resulting in harm to society
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as first degree‚ or premeditated murder‚ second degree murder‚ manslaughter‚ and negligent. In order to determine which type occurred‚ the elements of the incident are examined. These are intent‚ whether criminal or negligible‚ the act‚ and the causation. Each of these elements will determine the consequences a person might be facing. Intent falls under the guise of specific‚ such as the planned murder of another‚ while general can be a very broad and more abstract concept. In the category
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deeper and more severe drug involvement for the user in the future (O’Brien Lecture). For the sake of this discussion‚ I will refer to marijuana as the gateway drug. Gateway theory is comprised of three propositions: Sequencing‚ Association‚ and Causation. Sequencing refers to the idea that there is a relationship between two drugs‚ where the use of one is regularly initiated before the use of the other. For example‚ most cocaine users used marijuana before moving on to the harder drug cocaine. Marijuana
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Cheryl would not have had her car writ of if Sarah didn’t not go on the other side of the road. Implying the but for test‚ Sarah would be the factual causation of the car accident. Sarah was reckless and careless‚ this resulted Sarah hitting another car on the road. This is like the case of Chester v Afshar. In this case‚ the claimant asked about the potential risk of an operation. The surgeon failed to
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correlation between good health and lice infestation. a. They inferred that the departure of lice caused illness‚ but this turned out to be an incorrect assumption of causation due to correlation. III. Association between two events does not mean that one caused the other. b. Correlation does not indicate causation. IV. Changing driver behavior‚ and creating safer roads is a challenge more complex than banning cellphones. Body: I. Changing driver behavior‚ and creating
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