accepting this approach‚ we must assume that our ideas of right and wrong are influenced by multiple sources. According to Ross‚ in order to act morally right‚ we must be able to maintain a balance between our conflicting duties‚ or prima facie obligations (Klement). A prima facie obligation “[refers] to the characteristic which an act has‚ in virtue of being a certain kind (e.g. the keeping of a promise)‚ of being an act which would be a duty proper if it were not at the same time another kind which
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Westlaw India Delivery Summary Request made by : |IP USER 1| Request made on:|Tuesday‚ 06 November‚ 2012 at 18:02 IST| || Content Type:| > ... > B| Title : |Bina Murlidhar Hemdev and Others v Kanhaiyalal Lokram Hemdev and Others| Delivery selection:|Current Document| Number of documents delivered:|1| 2012 Thomson Reuters (Legal) Limited Bina Murlidhar Hemdev and Others v Kanhaiyalal Lokram Hemdev and Others Supreme Court of India 14 May 1999 Appeal (civil) 3141 of 1999 The Judgment
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constitutionally restricting certain types of hate speech. The court was to hear a case that spoke to one specific Virginia state statute that prohibited cross burning with the intent to intimidate‚ and also rendered that any such burning shall be prima facie evidence of an intent to intimidate a person or group. This court would see this statute being used between two separate cases. The first case was against Barry Black; in August of 1998 Black led a Ku Klux Klan rally at which the conclusion resulted
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injunction in the suit against the defendant. Issues Involved Whether prima facie expression “Sugar Free” is a coined word or not or in other words whether the plaintiff can at all claim "Sugar Free" as a trademark or not? Whether a considerable degree of distinctiveness of expression “Sugar Free” in relation to plaintiff’s products was prima facie recognized in the defendant’s product or not? Whether a prima facie case of misrepresentation was made out against the defendant to show his intention
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Marquis argues that killing a fetus deprives it of a valuable future/future like ours‚ and concludes by saying abortion is not morally permissible. I agree with Marquis’s argument that it is wrong to kill a fetus through abortion because I believe that they have a valuable future as all humans do. Abortion is defined as the deliberate termination of a human pregnancy‚ which is most often performed during the first 28 weeks of pregnancy. (dictionary.com) Furthermore I do agree with Marquis that majority
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Company has a separate legal entity from its members‚ can sue or be sued on its own behalf. As illustrated in Foss v Harbottle (1843)‚ the proper plaintiff is the company itself. In other words‚ directors have the power to decide whether or not to sue in protection of the company. However‚ very often‚ the persons who commit misconduct are the major controller of the company and improbable to permit the company to sue. A common law right is therefore reserved for shareholders to sue the wrongdoers
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Virtue Ethics as discussed by Julia Annas is based around the idea that people do things because they are right‚ rather than because they have to. The things that people do must be a virtue and not a habit. A habit is “someone’s character or source of action in the agent that bypass a person’s practical reasoning‚” and a virtue is a “disproportion to act for reasons” and is built up by making choices and is used for future choices (516‚ Annas). People are to learn from experiences and society to
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giftedness. Another great philosopher W.D. Ross felt that humanity had prima facie (prima facie denotes evidence that – unless rebutted – would be sufficient to prove a particular proposition or fact) duties such as the duty of beneficence‚ self-improvement and non-maleficence. Moreover‚ these duties coincide with Savulescu’s argument for enhancement and provide the basis of my argument for
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were discriminated against over another employee of the same demographic as them. To prove a disparate treatment case‚ an employee must prove a certain type of case called the Prima Facie Case. This type of case must have evidence that proves the case. The types of evidence can be direct evidence‚ but mostly a prima facie case is proved by circumstantial evidence. There is a test that has four parts to it that the Supreme Court has laid out. These four tests depend on what type of decision has
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