that the totality of the evidence would show that there was a preponderance of evidence tending to show that defendant was indeed negligent‚ for at least two reasons: 1) the burden of evidence ended with defendant‚ who failed to satisfy it; and 2) the greater weight of testimonies and object evidence supports the explanation provided by the plaintiff. Judging by preponderance of evidence‚ the defendant would be found liable. If it were judged by clear and convincing evidence‚ however‚ the plaintiff
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Federal Rule of Evidence 403 says‚ “The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice‚ confusing the issues‚ misleading the jury‚ undue delay‚ wasting time‚ or needlessly presenting cumulative evidence” (2015). A defense attorney could utilize Motion in limine to request that the judge rule that certain testimony be excluded. The motion is always discussed outside the presence of the jury and is
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The field of education is constantly changing‚ but professional standards and thoughtful practice are two ideas that help teachers keep growing and improving. As teachers move through the different stages of their careers‚ they need to understand why these ideas are essential. Professional teaching standards clarify what teachers expect and what skills they need in various school settings. These standards delineate the criteria for assessing effective teaching and serve as a roadmap for professional
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Pfeffer (1998) defined best practice theory is on the basis of an assumption that a high performance enterprise’s successful human resource practices also can be the example used in other enterprises and get the same results. As a result of the different understanding of people‚ there is also having other definitions. For example‚ Johnson (2000) also giving an definition that best practice is considered as a type of human resource method or system which have some qualities like additive additively
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November 21‚ 2012 COMA 104 – C Bibliographic Essay A Bibliographic Essay for COMA 104 Knowledge and Practice What is knowledge and what is practice? Which is more important and which one precedes the other? Although there were numerous other authors who can define and explain the two‚ one of the more interesting ones come from Mao Tse-tung as he mentioned it in his work On Practice‚ where he stated that: …materialism examined the problem of knowledge apart from the social nature of man
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Under s. 4 of the Uganda Evidence Act‚ evidence may be given in any suit or proceeding of the existence or non-existence of every fact in issue and of such other facts as are declared to be relevant. C.D. Field has defined burden of proof as a metaphorical phrase indicating an obligation to prove a fact or facts. This obligation necessarily involves the adduction of evidence in an attempt to prove a fact‚ subject to occasional cases where a fact can be established without evidence. Towards the end of
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use it in practice” The social work method I could use is that of reflective practice as I believe that coming into a new profession one will be faced with various new challenges and it is from these challenges that one gains experience and becomes a better practitioner. The process of reflection according to Knott‚ Christine and Scragg‚ Terry (2010) yields positive results by learning‚ gaining knowledge and understanding what it is that you need to do. Reflective practice is also
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educational needs’. This means that the aim of inclusive practice is to create a neutral learning environment. It should be noted that that every learner will have different needs and requirements and therefore‚ should be taught respectively. Equality is a vital part of successful inclusive practice. This assignment will try to analyse the factors that influence learning‚ referring to legislation to support and enforce inclusive practice. 2. Analyse that characteristics which influence the learning
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One thing that is important to remember is that scope of practice can be determined by numerous ways. Depending on the profession‚ depends on how the scope of practice is defined. “Scope of practice can be defined as all the accepted services provided by a particular profession” (Jirak‚ 2004). For example the scope of practice was created so the physicians work would not be confused with the assistants work because they are different types of jobs and duties. The assistants get things ready for the
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The Scope of practice is influenced by many factors. The scope of practice of a registered nurse is dependent on their education‚ experience and role. Nurses are determined to protect the health of ourselves and others through education‚ care‚ and cooperation with other experts. Scopes of practice are the same for every nurse at a basic level. However it will be very different by specialty level‚ for examples‚ Pediatrics‚ ICU‚ OR‚ ER‚ Telemetry‚ etc. I would say‚ if we have a question about
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