Commonwealth v Pestinakas 617 A.2d 1339 Facts: Joseph Kly met Walter and Helen Pestinikas in the latter part of 1981 when Kly consulted them about prearranging his funeral. In March‚ 1982‚ Kly‚ who had been living with a stepson‚ was hospitalized and diagnosed as suffering from Zenker’s diverticulum‚ a weakness in the walls of the esophagus‚ [***4] which caused him to have trouble swallowing food. In the hospital‚ Kly was
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What healthcare organizations define as a “legal” health record is becoming very important. The primary role of a health record is to keep a record of tests‚ treatments‚ and medications of a patient. A legal health record serves to identify what information constitutes the official business record of an organization for evidentiary purposes. (AHIMA‚ 2011) There are many issues that should be considered by a healthcare organization when defining the legal health record. One of the issues is how
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Unauthorized Practice of Law Facts: Mr. Stan Smith calls his friend‚ Polly Paralegal‚ and leaves a message asking‚ “Do the grounds for divorce in North Carolina include adultery?” Later that day‚ Mrs. Stan Smith calls Polly Paralegal and leaves a message asking‚ “Do I have grounds for divorce in North Carolina? I just found out that Stan committed adultery.” INTRO: QUESTION 1: If Polly Paralegal answers Mr. Smith’s question‚ will she have engaged in the unauthorized practice of law? Explain
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University of Phoenix CJA 354 Criminal Law Criminal Law Paper Iesha Gay Rod Shelton July 7‚ 2013 In this paper I am going to take a look at the case state of Maryland v Alonzo King. I will take a look at what accomplice liability is and criminal liability and how they are related to the case of Maryland v King. How different aspects of crime differ from one another and there direct correlation to this case. In 2009 Alonzo Jay King Jr. was arrested by the Maryland police for first and
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juvenile could be criminally responsible for their actions. If the juvenile was under the age of seven‚ then the courts felt that they were entirely to young to be held responsible. If the juvenile was between the ages of seven and fourteen then the courts felt it was questionable to whether or not they could be criminally responsible. It would then be up to the prosecution to prove criminal responsibility. If a juvenile was over fourteen then they were considered to be criminally responsibility and
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In Los Angeles‚ California there are more than 450 active gangs made up of different races. In 2005 LA had 600 members that were white and only 11 gangs is from. But in LA there are 21‚790 members that are Hispanics and there are 264 gangs made up by Hispanics. The title of my main work is Always Running by Luis J. Rodriguez is about the gang in La and he lives in a struggle environment‚ racism occurs in his lifetime. Despite the school board’s recent sentiments regarding the lack of value that fiction
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Queensland maintains that a child under the age of 10 years is not considered criminally responsible for their actions and a child under the age of 14 years is also not considered criminally responsible‚ unless it is proven that the child understood the offence was wrong since 1st August 1997 Criminal Code Act 1899. This applies to every state in Australia‚ however for Queensland unlike
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Criminal Defense Case Analysis Criminal Law/ 354 August 11‚ 2011 Barry Q. Brooks‚ J.D Criminal Defense Case Analysis Throughout this analysis will be discussed the justification used in criminal defenses. The factual and legal defenses will be briefly discussed along with the justification of necessity‚ self-defense‚ unlawful arrest and consent. Types of Defenses “A defense consists of evidence and arguments offered by a defendant on behalf of his or her attorneys to show why that he or
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Trafficking in Persons Report 2010 - Vietnam Publisher | United States Department of State | Publication Date | 14 June 2010 | Cite as | United States Department of State‚ Trafficking in Persons Report 2010 - Vietnam‚ 14 June 2010‚ available at: http://www.refworld.org/docid/4c1883b79.html [accessed 23 August 2013] | Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for‚ nor does it necessarily endorse‚ its content. Any views expressed are solely those of the author or
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laid down in the definition of the particular crime charged in addition to any surrounding circumstances…and the ‘mens rea’ as the state of mind or fault which is required in the definition of the crime in question”2 In order for a person to be criminally liable it has to be proved by the prosecution beyond reasonable doubt that such a person had committed the required guilty act or ‘actus reus’ which is the physical element and had the necessary mental state or ‘mens rea’ although this is not always
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