Theoretical question What are the elements of the test for dolus eventualis in the case of somebody who is charged with murder - i.e.‚ what must the state show to prove this form of mens rea beyond reasonable doubt? (5) Practical problem question Jake is the owner of a factory which is losing so much money that it is about to go out of business. Jake is in despair. He is a single parent who urgently needs to obtain funds for the medical treatment needed by his daughter Priya‚ who suffers from
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Legal Memorandum PA 205 Final Project By: Jazmin Howard To: XXXXXXX From: XXXXX Date: July 15‚ 2014 Re: Natalie Attired v. New Mexico Employment Security Board Memorandum of Law Statement of Facts: In July of 2010‚ the Plaintiff‚ Natalie Attired‚ filed for unemployment with the New Mexico Employment Security Board; her claim was denied and she was deemed ineligible due to being terminated for misconduct. In June of 2010‚ Plaintiff Natalie Attired was fired from her job at Biddy’s
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Ethical and Legal Issues in Nursing Ethical and Legal Issues in Nursing This paper explores the legal and ethical nursing issues surrounding two different health care case studies. The first case study is regarding the decision-making process of a family for aggressive vs. palliative measures for a patient without advanced directives. The second case study is regarding a nurse’s obligation to report witnessed negligent actions of another nurse being sued in a malpractice case. This paper
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Work within a legal and ethical framework CHCCS4100C Assessment 2 Case Study Report Due date: 8th April‚ 2013 18701 Certificate IV in Community Services 2013 Samuel Waldock Student number: 367816562 Question 1: Identify the important laws and legal requirements that a community service worker needs to be aware of when working with clients in this scenario/situation. Briefly explain why they are important. EDUCATION ACT NSW 1990 Section 21B – Compulsory school
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Citation Eisner v. Macomber‚3 AFTR 3020‚ 252 US 189‚1 USTC ¶32 (US‚ 1920) Issue (1) Under the 16th Amendment‚ does Congress have the power to tax stock dividends received by the Macomber? (2) Are stock dividends considered income? Facts Mrs. Macomber owned 2‚200 shares of Standard Oil Company. In January 1916‚ Standard Oil Company declared a 50% stock dividend. Mrs. Macomber received an additional 1‚100 shares of stock with a $19‚877 par value. The shares represented a surplus for Standard
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Ohio v. Robinette‚ 519 U.S. 33 (1996) JUDICIAL HISTORY Robinette unsuccessfully tried to suppress marijuana and MDMA found in his vehicle. He then pleads no contest‚ but was found guilty. Robinette appealed that the search resulted from an unlawful detention in violation of the Fourth Amendment. FACTS Robinette was stopped for speeding. After running his license through the system‚ Robinette was issued a verbal warning from the officer. The officer then asked Robinette to step out of the
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GARRATT v. DAILEY Supreme court of Washington February 14‚ 1955 1.FACTS Plaintiff alleged that as she started to sit down in a wood and canvas lawn chair‚ defendant‚ a child under six years old‚ deliberately pulled it out from under her. The trial court found that defendant was attempting to move the chair toward plaintiff to aid her in sitting down in the chair and that‚ due to defendant’s small size and lack of dexterity‚ he was unable to get the lawn chair under plaintiff in time
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give-and-take of a negotiated settlement and a contract specifies the minimum acceptable standard of performance. b) Intention to create legal relationship: - One of the essential elements in the creation of a binding contract‚ this intention is implied by the fact that it is not expressly denied. Intention to bind the other party with the involved legal obligations. c) Free and genuine contract:-Two parties must give their Free and genuine contract to the term of agreement. Such
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Treatment of asylum seekers by the Australian legal system The treatment of asylum seekers by the Australian legal system is a controversial issue dealing with human rights and people from different sides have different perspectives on this subject .The Australian legal system has attempted to achieve justice for the parties affected by the matter through various court cases and legislation and policy changes. Has justice been achieved? The current Australian government perspective on this
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Essay. 1. Does the dismissal or withdrawal of charges and the desistance of witnesses automatically result in the dismissal of an administrative case against a judge? Why or why not. NO. The withdrawal of the complaint does not have the legal effect of automatically exonerating the respondent from any administrative disciplinary action. It does not operate to divest this Court with jurisdiction to determine the truth behind the matter stated in the complaint. Furthermore‚ the need to maintain the
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