INTRODUCTION Determining whether Mr. Fullman has an actionable claim under the Alien Tort Statute (“ATS”) and whether the Fourteenth Circuit has jurisdiction over this matter can be determined by the same answer. If Lansdale can be held liable under the ATS‚ the Fourteenth Circuit has jurisdiction. If suit is barred against Lansdale‚ due to his status as a corporation‚ the Fourteenth Circuit lacks subject-matter jurisdiction and‚ thus‚ the case must be dismissed. The Supreme Court has not determined
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PharmaCARE Bionca Murray Law‚ Ethics‚ & Corp. Governance Dr. Boneita Campbell Strayer University 2-19-2015 Stakeholders A stakeholder is a person‚ group or organization that has interest or concern in an organization (businessdictionary). Generally the common characteristics stakeholders might have are if they stand to gain or lose through the success or failure of the company. “A corporate stakeholder can affect the actions of a business as a whole” (businessdictionary). PharmaCARE
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harm‚ the foreseeable severity of harm that may ensue‚ and the burden of precautions to eliminate or reduce the risk of harm. See Restatement (Third) of Torts: Liability for Physical Harm § 3 (P.F.D. No. 1‚ 2005). Negligent conduct may consist of either an act‚ or an omission to act when there is a duty to do so. See Restatement (Second) of Torts § 282 (1965). Five elements are required to establish a prima facie case of negligence: the existence of a legal duty to exercise reasonable care; a failure
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1.Lochgelly v mc mullan A miner was killed when part of the coal mine that he was working in fell on top of him. The man’s family successfully sued for damages under the Coal Mines Act 1911 (c 50) s 49 (repealed)‚ which required that an employer must ensure that the roof of every coal mine is made secure and not order an employee to work there if it is not. The coal mine owners appealed the decision‚ but their appeal was dismissed as it was held that the initial action was competent as their negligence
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adhere to‚ and impose the law without prejudice or malice. The Constitution contains amendments and laws that defend and protect individuals from violation of their rights. Law enforcement and security officials retain the authority to enforce the law and ensure justice. This authority includes detaining and arresting suspects‚ searching and seizing property‚ and using deadly force in certain situations. But‚ with these powers officials must use discretion and act within the law thus ensure they do not
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Law is an enactment made by the state. It is backed by physical coercion. Its breach is punishable by the courts. It represents the will of the state and realizes its purpose. Laws reflect the political‚ social and economic relationships in the society. It determines rights and duties of the citizens towards one another and towards the state. It is through law that the government fulfils its promises to the people. It reflects the sociological need of society. Law and morality are intimately
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TORTS FINAL EXAM OUTLINE INTENTIONAL TORTS 3 2. Battery 3 3. Assault 3 4. Intentional Infliction of Emotional Distress 3 5. False Imprisonment 4 6. Trespass 4 6.1. Trespass to Land 4 6.2. Trespass to Chattels 4 6.3. Conversion 4 AFFIRMATIVE DEFENSES 5 7. Consent (Privilege) 5 8. Self Defense (Privilege) 5 8.1. Self-Defense by Force Not Threatening Death or Serious Bodily Harm 5 8.2. Self-Defense by Force Threatening Death or Serious Bodily Harm
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Intersection of Law and Ethics : Immigration Law‚ Right of abode in HKSAR Introduction This paper is to investigate the case of recent action taken by the Hong Kong Government to suspend new bookings of obstetric service from non-local pregnant women in public hospital‚ especially to those mainland women‚ in order to protect right of Hong Kong women. The sudden cut affects a group of mainland women with spouse as Hong Kong permanent residents and they complain the injustice phenomenon‚ that
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Chapter 1 Toward Intentional Interviewing and Counseling INTRODUCTION: WHAT IS THE “CORRECT” RESPONSE TO OFFER A CLIENT? * There are many potentially useful responses in any interviewing situation. * Reflecting the client’s emotions can be helpful. * Selecting one aspect to focus on can be useful‚ and then later you can examine other dimensions by asking an open question. * Our tasks: * Respect the client * Use appropriate skills and strategies * Seek to alleviate stress
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Discuss: To range the extent‚ it is important to understand the source of law‚ the Australian legal system‚ the history of the Australia‚ the formation of the Australian legal system and the relationship between Australia and British law system. Back to history‚ source of law need refers to the historical development of a law or a legal system. 1 Now Australia Legal system is self-developing even include the Aboriginal Customary Law and no longer binding with English legal system. There are several
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