Assignment 1: Law and Healthcare HSA515 Health Care Policy‚ Law and Ethics Dr. Harold Griffin January 22‚ 2012 Identify and explain the four elements of proof necessary for a plaintiff to prove a negligence case The first element that a plaintiff must prove is that the defendant owed him or her legal duty of care. Generally‚ this duty of care is a legal notion that states that people owe anyone around them or anyone who could be around them a duty to not place them in situations
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The fundamental fact that decides the type of regime and‚ by extension‚ the type of laws that the regime should have is the structure of authority in the regime. The two most common types of regimes are democracy and oligarchy. All regimes desire to be wealthy‚ therefore all regimes are oligarchical to some extent‚ but more specifically oligarchies are regimes where the wealthy rule. Democracies on the other hand are defined as the rule of the majority‚ which is assuming that the majority ruling
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Research Outline The concept of separate rules‚ laws and outlines being implemented and acting simultaneously to form the legal frame work around a particular area of law seems certain to create questionability rather than certainty. [1] However doesn’t the Electronic Transactions Act 2000 (NSW) simply aim to fulfill the requirements for traditional contracts; their validity will still be rely on their adherence to the principals of common law. Electronic transactions legislation is essential in
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Doctrine of fixtures in property law The doctrine of fixtures is applied to determine if an object is a fixture.1 This common law provides that what is annexed to the land becomes part of the land‚ “quicquid plantatur solo‚ solo credit”‚ and adopts the character of real property.2 For this to transpire all circumstances surrounding the annexation to the land are examined‚ including but not limited to the degree of annexation and the purpose of annexation.3 Through this both objective and subjective
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Need for Interpretation In his The Law-Making Process‚ Michael Zander gives has stated the three reasons why statutory interpretation is necessary: 1. Intricacy of statutes with respect to the way of the subject‚ various artists and the mixture of legal and technical language can bring about incongruity‚ obscure and questionable language. 2. Anticipating the future occasion’s prompts the utilization of uncertain terms. Statutes are interpreted by the judges. Case of indeterminate dialect incorporate
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Explain the relationship that you think exists between law and justice. The relationship between law and justice has always been a topic of great controversy. Many people rely fully on the law to bring about‚ what they believe‚ to be justice‚ while others are of the opinion that the law is too ‘black and white’ to be wholly regarded as just. The debate of whether a jury is an effective way of bringing forth justice has been present for centuries. The opinion that it is not a reliable way
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TUTORIAL WEEK 3 TOPIC: APPLYING THE LAW LEARNING OBJECTIVE: 1. To understand how laws and the legal system are used to solve legal problems A. COMMON LAW AND THE DOCTRINE OF PRECEDENT 1. The three meanings of the term common law 2. The concept of equity. 3. The doctrine of precedent; the concept of stare decisis a. binding precedent b. persuasive precedent c. ratio decidendi d. obiter
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Criminal Law Assessment Paper Nicole Mazurkiewicz CJA/343 Graham Quisenberry July 12‚ 2010 This paper will present an assessment of Criminal Law. The paper will discuss sources and purposes of criminal law. Some of the topics that will be discussed will be‚ explain jurisdiction to create and enforce criminal law‚ the adversarial system and what standards of proof are needed in criminal cases. We will also discuss the concepts of criminal liability versus accomplice liability as well
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Law and criminality How is the law system different between countries? Do different law and criminality systems affect the development of a country? Every country should follow a specific set of laws to maintain peace and order in it and preventing often conflicts and problems amongst the people living there. Laws vary according to the type of government followed by the country‚ for sure a Monarchy has entirely different laws from a Democratic country‚ considering an example‚ in a Monarch country
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University of Phoenix Chris W. Poe LAW/531 Discussion Questions Maurice Rosano Discussion Questions 1. What is one way the U.S. legal systems affects U.S. businesses? Answer: There are several ways the legal system can affect businesses but the one way the U.S. legal system affect U. S. businesses are the antitrust law which changed the way businesses operate. This law controlled some a banned others in the way businesses compete/operate. This law would hinder business from competing
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