United States federal courts‚ class actions are governed by Federal Rules of Civil Procedure Rule 23 and 28 U.S.C.A. § 1332 (d). Class action lawsuits may be brought in federal court if the claim arises under federal law‚ or if the claim falls under 28 USCA § 1332 (d). Under § 1332 (d) (2) the federal district courts have original jurisdiction over any civil action where the amount in controversy exceeds $5‚000‚000 and either 1. any member of a class of plaintiffs is a citizen of a State different
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Nonconformity‚ Corrective Action and Preventive Action in EMS ISO 14001 The intent of 4.5.3 is that the organization put in place procedures for‚ 1) identifying actual and potential nonconformities to EMS requirements‚ 2) taking appropriate corrective or preventive action‚ and 3) reviewing the effectiveness of corrective or preventive actions taken. The nonconformity requirement of ISO 14001:1996 was a passive requirement in that it was only triggered when a nonconformity came to the attention of
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Tort Actions The most prevalent tort in scenario 2 is negligence. The first act of negligence would be the glass that was found in Anna’s food that caused her injury. The second negligent act was the waiter’s decision to carry a flaming dish through the restaurant without announcing his presence. The restaurant owner’s negligent decision to not install an emergency exit other than a revolving door entrance caused an elderly woman to be trampled and caused several other patrons to suffer from
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productive forces. If there were no development of technology‚ there would be no today’s highly development of human materialistic and mental civilization. In other word‚ technology should guarantee people’s living in a better condition. However‚ human negligence causes letting technology not be suitable to respond possible disasters. For example‚ On August 29 2005 Hurricane Katrina caused over 50 failure of the levees and flood walls which were protecting New Orleans. The failures of the levee and flood
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(Callaghan) 357 October 26‚ 1999‚ Oral Argument Date May 4‚ 2000‚ Filed PRIOR HISTORY: [***1] Appeal from Superior Court‚ King County. 95--2--31991--2. Honorable Phillip Hubbard‚ Judge. DISPOSITION: Court of Appeals affirmed‚ upholding trial court’s order of summary judgment of dismissal and denial of motions to vacate and amend. LexisNexis(R) Headnotes COUNSEL: For Petitioner: Bradley L. Powell‚ Oles Morrison Rinker & Baker Llp‚ Seattle‚ WA‚ Catherine
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IMPLEMENTING AFFIRMATIVE ACTION IN NAMIBIA A summarised guide to the Affirmative Action (Employment) Act (Act 29 of 1998) published and distributed by Namibia Institute for Democracy Updated 3rd Edition © April 2000 All rights reserved Contents by Dr.J.W.F. van Rooyen NAMIBIA INSTITUTE FOR DEMOCRACY Namibia Institute for Democracy 53 Independence Avenue P.O. Box 11956‚ Windhoek‚ Namibia Tel: (061) 229117/8 Fax: (061) 229119 E-mail: nid@mweb.com.na http://www/iwwn.com.na/nid
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ways to establish ground rules with learners. One of the core attributes to any successful society are the ground rules‚ whether this be country‚ school‚ class or group‚ if the ground rules are accepted by the majority then a democratic system of application will follow. It will be this democracy that will allow the majority to flourish and by adopting a differentiated teaching approach to the remaining minorities everyone will be afforded the opportunity to prosper. Any attempts to establish ground
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unreasonable conduct endangers someone to whom they owe a duty of care to. 4. The standard of care in most negligence cases is the degree of care that the law requires in a particular case. In most cases‚ the standard is reasonableness. What an ordinary prudent person would do under the same or similar circumstances. The standard of care is the way in which we measure the breach of duty that leads to negligence liability. 5. Some of the factors that help determine reasonableness are: sight
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Health Law and Ethics HCS/478 Negligence Paper Health care providers have a responsibility to provide competent and safe care to their patients. When patient care is compromised or the patient does not have a successful medical outcome‚ sometimes the legal system becomes involved. It is important to be aware of the terms negligence‚ gross negligence‚ and malpractice because they are often misunderstood. This paper attempts to provide a definition of each legal term in an effort to distinguish
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Analysis Step 1: Ms. Jones’ lawsuit alleging negligence on the part of TWS for failing to maintain a safe entryway to the store needs to meet the four elements required for negligence: (1) a duty of care; (2) a breach of the duty; (3) causation; and (4) injury. Step 2: TWS claims Ms. Jones was comparatively negligent in an attempt to reduce the total damages that Ms. Jones can recoup which is decided upon the degree to which Mr. Jones’ personal negligence contributed to cause the injury inflicted
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