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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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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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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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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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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Introduction to Occupier’s Liability in Singapore Occupier’s liability refers to the liability of an occupier of premises arising from the defective conditions or unsafe activities on the premises which result in injury or damage to the plaintiff. In Industrial Commercial Bank v Tan Swa Eng His Honour Lai Kew Chai J rightly held that “the law of occupiers’ liability in Singapore is derived from English common law”. However‚ statues on occupier’s liability in the England are not applicable to
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considering these cases were same in character. In these consolidated cases‚ 3 principal issues were raised: 1) whether or not petitioners were denied due process when information for libel were filed against them although the finding of the existence of prima facie case was still under review by the Secretary of Justice and‚ subsequently‚ by the President; 2) whether or not the constitutional rights of petitioner Beltran were violated when respondent RTC judge issued a warrant for his arrest without personally
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1. Is “The Money Doctors” a partnership‚ and if so‚ who are the partners? Main Issue: To identify if “The Money Doctors” is a partnership and if so‚ who are the partners of the business. Relevant Law: Partnership is the relation which subsists between persons carrying on a business in common with a view of profit. There are four conditions in which all must be satisfy are the followings: Agreement Partnership relationship may be formed by deed‚ in writing‚ verbally and lastly by inference
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interlocutory injunction is granted. Prior to the decision in American Cyanamid it was well established that the claimant had to show a strong prima facie case that his rights had been infringed. Lord Upjohn further articulated this in the case of J.T. Stratford and Sons v Lindley‚ where he noted that the applicant had to first establish that there was a prima facie breach of duty by the respondent to him. In other words‚
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systematic inequality and give a general example that‚ “if the distribution of opportunities systematically deprives women of what is offered to‚ men‚ and there is no apparent overriding reason which justifies such a distribution‚ then we have a clear prima facie case of sexism.” They then go on to give background information on language‚ experience‚ and recognition of sexism. There are many different levels of sexism: institutional‚ interpersonal‚ and unconscious. A great example they provide of institutional
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