Case 1 1. For Joe to establish a prima facie case for failure to reasonably accommodate a disability‚ he would need to substantiate the elements of such a claim. a) The employee (Joe) has a disability as defined by the Americans with Disabilities Act. Joe became 100% deaf in both ears which is a disability defined by the Americans with Disabilities Act. b) The employee (Joe) informed the employer of his or her condition and requested an accommodation. Joe’s employer was made aware of Joe’s
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MALAYSIA Act 135 PARTNERSHIP ACT 1961 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title 2. Interpretation PART II NATURE OF PARTNERSHIP 3. Definition of partnership 4. Certain circumstances not prima facie partnerships 5. Postponement of rights of person lending or selling in consideration of share of profits in case of bankruptcy 6. Meaning of firm and firm name PART III RELATIONS OF PARTNERS TO PERSONS DEALING WITH THEM 7. Power of partner to bind firm 8. Partners bound by acts on behalf
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I pretty agree with W.D. Ross’s idea of Prima Facie Obligations. Just like everything else in this world‚ there are different moral obligations‚ and some are weighed more than others. When we consider what we should do in the situation that several moral obligations conflicts‚ we should choose the one which is more important. Actually‚ this is a kind of consequentialism. To decide which moral obligation is more important is by comparing the severity of consequence of each obligation. For example
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the cure of disease and (3) the prolongation of life. 2. Prima Facie Duties Prima facie duties are attributed to W.D. Ross. In an attempt to unite specific aspects of nonconsequentialism with those of utilitarianism‚ Ross determined that in deciding between ethical alternatives to a problem‚ the options must be weighed according to the duties that would be fulfilled by performing or not performing each option. Ross described prima facie duties as being intuitive and conditional. He defined intuition
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Many philosophers have pondered the immense question surrounding the prima facie moral obligation to obey the law. Do we have a moral obligation to do as the law tells us‚ outside of the fact that the law deems it illegal? There are many opinions on this‚ such as Wolff’s idea that there is in fact no moral obligation for anyone to obey the law because there is no legitimate state with control over people. This is one of the many viewpoints discussed throughout time‚ but there is a more level headed
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conflicting documentary evidence that I believe render their explanation as unreliable. I am urging EEOC to move forward with the investigation of my charge. I strongly believe now more than ever that I am being discriminating upon. To establish a prima facie case of discrimination based on sex‚ race‚ or national origin‚ I‚ the Claimant must establish that (1) belongs to a protected class; (2) was qualified for and performing my job satisfactorily; (3) suffered an adverse employment action; and (4) similarly
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According to the Marriage Act 1961‚ marriage in Australia is defined as‚ “the union of a man and a woman to the exclusion of all others‚ voluntarily entered into for life.” It is said that a “good law” is that which consists of five key features; one being that the law reflects the changing values of society (Sykes‚ 2002). The aspect of marriage being allowed only between a man and a woman has been widely contested among people as society has evolved and this provokes debate. Considering this‚ I
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Prima Facie Duties and Ross’s Theory of Right Conduct “There are other beings in this world whose condition we can make better in respect of virtue‚ or of intelligence or of pleasure” (Ross). W.D. Ross was a philosopher who developed the Theory of Right Conduct. The seven prima facie duties are central in Ross’s Theory of Right Conduct. The purpose of these duties is to determine what people ought to do in questionable moral situations. “A prima facie duty is a duty that is binding (obligatory)
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the prosecution to prove beyond a reasonable doubt. During a trial the prosecution will have to use and show evidence to show not only proving the act (actus reus) of the crime‚ but also the intent (mens rea). 2. Prima facie is evidence that is that of face value or true‚ unless it can be rebuttal showing it is not what it claims that it is. Prima facie can also be evidence
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Chanakya National Law University The Advocate’s Act‚ 1961 A Research Shivanshu Shekhar Roll No: 615‚ 2nd Semester ( Section B) CONTENTS ACKNOWLEDGEMENT CHAPTERIZATION 1. INTRODUCTION 2. THE ADVOCATE’S ACT‚ 1961- SALIENT FEATURES 3. CONCLUSION 4. BIBLIOGRAPHY 3 4 7 14 15 2 ACKNOWLEDGEMENT Any project completed or done in isolation is unthinkable. This project‚ although prepared by me‚ is a culmination of efforts of a lot of people. Firstly‚ I would like to thank our History Professor
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