(in a criminal trial) or preponderance of the evidence (in Civil Matters) that a crime has been committed and that the accused did in fact commit said crime. (Ingram pg.47) Burden of going forward: is the prosecution’s obligation to introduce prima facie evidence that will move toward meeting the burden of proof. (Ingram pg.47) Burden of persuasion: simply means the burden of convincing the fact finder of the collective truth of evidence presented by prosecution or defense. (Ingram pg.48)
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Read the Dunlap v. Tennessee Valley Authority case. You are to write a 3-4 page report that answers the following questions: 1.What were the legal issues in this case? David Dunlap brought suit under Title VII of the Civil Rights Act of 1964‚ alleging racial discrimination by the Tennessee Valley Authority (TVA). The district court found that Dunlap had been subjected to discrimination under both disparate treatment and disparate impact analyses‚ concluding that the TVA’s subjective hiring processes
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Case law review: Section 10- Things said or done by conspirator in reference to common design Subject: Law of Evidence Submitted To: Dr. K. Vidyullatha Reddy Submitted By: Mohammed Omer Farooq 3rd Year‚ 5th Semester Roll No: 2011-46 National Academy for Legal Studies and Research (NALSAR) University of Law‚ Hyderabad Table of Contents Table of Cases Arul Raja v. State of T.N 9 Balmokond v. Emperor 3 Barindra Kumar Ghose v. Emperor
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1. Definitions: a. Consequentialist a.i. An ethical theory that claims that the rightness and wrongness of human action is exclusively a function of the goodness and badness of the consequences resulting directly from that action. b. Deontological b.i. The rightness and wrongness of human actions is not exclusively a function of the goodness and badness of consequences c. Act-Utilitarianism c.i. A person ought to act so as to produce the greatest balance of good over evil‚ everyone considered
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journalistic industry is supposed to adhere. One must also take into account that the executives at CBS were not journalists. They were businessmen. Their loyalty should be to the stockholders (even though they are themselves stockholders). Beyond this prima facie case of protecting the stockholders‚ we must however weigh the risks of damaging the company’s integrity. This could also affect the stock prices. Other ethical dilemmas include the decision of Wigand to adhere to his personal integrity rather
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Philosophia (2008) 36:141–150 DOI 10.1007/s11406-007-9094-4 A Dilemma for Rule-Consequentialism Jussi Suikkanen Received: 30 April 2007 / Revised: 23 July 2007 / Accepted: 7 August 2007 / Published online: 3 October 2007 # Springer Science + Business Media B.V. 2007 Abstract Rule-consequentialists tend to argue for their normative theory by claiming that their view matches our moral convictions just as well as a pluralist set of Rossian duties. As an additional advantage‚ rule-consequentialism
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Disparate Impact vs. Disparate Treatment What is the difference between Disparate Impact and Disparate Treatment? How do these two theories play out regarding employee discrimination cases? These are questions I hope to answer throughout this paper by using a couple of different court cases which explain or give detail as how employee discrimination is defined by our court system. Understanding how each theory works will provide employers and managers the opportunity to implement better workplace
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To what extent is Ethical Language meaningful? Ethical language deals with the meaning and nature of moral and ethical statements‚ some people believe that ethical language is meaningful as it can be used to define moral terms such as ‘good’ and ‘bad’‚ whereas on the other hand there are those who think that ethical language has no meaning as it is merely expressions of emotion and is subjective‚ so cannot be deemed true or false. Cognitivists are a group of thinkers who believe that ethical
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Employment Act prohibits discrimination against any individual over the age of 40 with respect to “compensation‚ terms‚ conditions‚ or privileges of employment‚ because of an individual’s age (Twomey‚ pg. 528). The plaintiff now has to make out a prima facie case by showing (1) she is within the protected age class‚ (2) that she was qualified for the position‚ (3) she was dismissed despite being qualified‚ (4) she was replace by a person sufficiently younger. Once this is determined‚ it now falls
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On 24 April 1998‚ the BIFR declared the Company as a sick undertaking‚ under the provisions of Sick Industrial Companies (Special Provisions) Act. o The BIFR on 5 February 2001‚ recorded a prima facie opinion that the Company was not likely to make it’s net worth match its cumulative losses within a reasonable time and that the Company was not likely to be viable. o The BIFR recommended that it was just and equitable and in public interest to
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