Ombudsman‚ that Andutan had already resigned prior to the filing of the administrative case since the operative fact that determines its jurisdiction is the commission of an offense while in the public service. The Ombudsman relies on Section VI(1) of Civil Service Commission Memorandum Circular No. 38 for this proposition‚ viz.: Section VI. 1. x x x An officer or employee under administrative investigation may be allowed to resign pending decision of his case but it shall be without prejudice
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Case Study Vicarious Liability Introduction Under the English Common Law‚ Vicarious liability is a principle of the tort laws. The law imposes liability of employees and agents to their employers. Under this law‚ the liability of any tort committed by an employee that falls under the scope of his duties to the employer is transferred to the employer. This includes both the intentional and unintentional torts. The inclusion of the intentional torts came in to effect after the ruling in the case
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Antigone: Moral Law vs Civil Law When it comes to morality‚ what is right and wrong based on a person’s personal beliefs‚ the story of Antigone is a great literary reference towards the internal struggles of an individual’s morality. Antigone chose to attribute herself with moral law instead of Creon’s rash and destructive civil law. Antigone felt that no one had the right to decide another’s fate‚ let alone the fate of someone else’s deceased body. Antigone believed that her brother deserved a
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Arizona law enforcement has abused civil forfeiture by seizing large amounts of property. Table 1 represents the total amount of state forfeiture funds received by law enforcement for the years 2000 to 2014. Arizona law enforcement has forfeited approximately $412 million in property. On average‚ forfeitures in Arizona are yielding law enforcement $27 million per year (Carpenter et al.‚ 2015‚ p. 50). Civil forfeiture incentivizes law enforcement in Arizona to seize property because there is no limit
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Introduction Criminal law is much better known to laymen than civil law‚ as a result of journalists’ reports of famous criminal trials. In talking with people about law‚ I find that they often misapply principles from criminal law to situations in civil (e.g.‚ tort) law‚ which results in their misunderstanding. They are surprised when they learn the actual legal principles that apply to a problem. The purpose of this essay is to compare and contrast criminal afnd civil law. In civil law‚ a private party
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The two legal systems in question are the adversary system‚ most commonly practiced in the United States‚ and the civil law system‚ also referred to as the inquisitorial system‚ most commonly practiced in European countries. Both systems have the same goal; to find the truth. However‚ each system has a very different path to justice. The adversarial system implies that two parties assume opposite positions in debating the guilt or innocence of an individual. In this scenario‚ the judge is required
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lawsuits and litigation from everyone suing everyone else‚ one must ask the question "where does product liability end and consumer responsibility begin?" This question has been further complicated by occurrences that stretch to the most far-reaching ends of this spectrum‚ the spectrum ranging from strict product liability of the company to complete consumer responsibility. On the strict product liability of the company side‚ we have the cigarette industry where the CEOs of the largest cigarette companies
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Criminal Liability Essay Criminal liabilities are conditions of being actually or potentially subject to a legal obligation. Liability means legal responsibility for one’s acts or omission‚ also when acts which harms society‚ and which are prosecuted by the government. Sometimes certain negligence can lead to criminal liability. Liability needs to be distinguished from the following concepts: * culpability (purposely‚ knowingly‚ recklessly‚ negligently) - infers intent * capacity
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former to incur the liabilty. The object of this assignment is to explain the principle of vicarious liability and show which instances it applies to. Reference will be made to decided cases and statutes. 2. Employer- Employee Relationship The employer- employee relationship is one of the most common occurrences of cases of vicarious liability. The most accepted reason for conferring liability to the employer is that by assigning a task to the employee‚ the employer creates a risk of harm and
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Contingent liabilities are possible future liabilities that will only become certain on the occurrence of some future events. A contingent liability is less certain than a provision‚ the latter is expected to recognize; however‚ a contingent liability might occur. An entity shall not recognize a contingent liability; nevertheless‚ the company should disclose it‚ as required by paragraph 86‚ unless the possibility of an outflow of resources embodying economic benefits is remote. Where an entity
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