"Prima facie" Essays and Research Papers

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    Crime

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    The meaning of crime A crime can be defined as any act or omission of duty that results in harm to society and which is punishable by the state. You should take particular note of the fact that a crime‚ by definition‚ harms society as a whole. For this reason‚ while not undermining the impact that crimes have on particular victims‚ crimes are prosecuted by the state‚ i.e. it is not the role of the victim to prosecute the person(s) committing the crime. Accordingly‚ criminal cases in Australia

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    | Ricci v. DeStefano | Tina Harpke | HRM 370-50 Employment Law | | | This is a look at the landmark Ricci v. DeStefano case. We will look at the case itself‚ the cases that influenced it as the cases that have been influenced by it. We will also look at a few different views of what the decision means for the future. | Introduction Many people believe that the decision for Ricci v. DeStefano added to the confusion and misunderstandings of Affirmative Action as well as the Civil

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    Assessment 3 Buyer: The Theatre of Wine‚ in Greenwich‚ London‚ United Kingdom Shipowners/Shippers: Carry Carefully‚ South Africa The copy of B/L is attached. A. 1. for the carriage of a consignment of wine from South Africa (which has incorporated the Hague-Visby Rules‚ under its own Carriage of Goods by Sea Act 1986) to London (the UK). 2. The wine was shipped and the master issued a clean straight bill for the goods‚ which contained a "no liability for loss or damage caused

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    Rylands V Fletcher

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    Supply’s Liability Rylands v Fletcher established that a person who “for his own purposes brings on his lands and collects and keeps there anything likely to do mischief if it escapes‚ must keep it in at his peril‚ and if he does not do so ‚ is prima facie answerable for all the damage which is the natural consequence of its escape.” The rule therefore imposes strict liability on the defendant for all damage which occurs as a natural consequence of the escape‚ and there is no requirement for intent

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    Essay on Asbestos in Industry Article The article begins with an introduction to Clarence Borel who was employed as an industrial insulation installer in 1936. Borel was exposed to heavy concentrations of asbestos dust. The asbestos products were manufactured by Johns-Manville Corporation among other corporations. Borel died from lung cancer‚ specifically mesothelioma caused by asbestosis. Asbestosis is a scarring of lung tissue and is believed to have been involved in “10 percent of the deaths

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    Strict Liability

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    all the six judges and gave the rule of strict liability.“The person who‚ for his own purpose ‚ brings on his land and collects and keeps there anything likely to do mischief if it escapes‚ must keep it in this peril ; and if he does not do so is prima facie answerable for all damage which is the natural consequence of it’s escape”. • Rylands was not satisfied with this decision and appealed in the House of lords and the appeal was again overruled by Lord Crain’s‚ he agreed to the decision of Blackburn

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    Thomson’s View of Abortion In the article "A Defense of Abortion" Judith Jarvis Thomson argues that abortion is morally permissible even if the fetus is considered a person. In this paper I will give a fairly detailed description of Thomson main arguments for abortion. In particular I will take a close look at her famous "violinist" argument. Following will be objections to the argumentative story focused on the reasoning that one person’s right to life outweighs another person’s right to autonomy

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    i) Analyse the Argument for the Existence of God from Religious Experience (18) The argument for the existence of God from Religious Experience is a simple one‚ with only two premises. The first being that some people have‚ or have had a religious experience‚ the second premise is that these are only explicable though God‚ thus leading to the conclusion that God exists. This leads us to question‚ what exactly are religious experiences? Theologians have struggled for centuries trying to define

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    Ravioli for as long as we can.” When the narrator mentions “...bumping in to Charlie Ravioli...” he makes a direct reference to encountering the daily business of life‚ being put off and rescheduled‚ facing hurried and impersonal interactions. The prima facie evidence would tend to suggest the author is comfortable with this lifestyle and has no objection to this distinct element of city life. Whether one agrees or disagrees with this lifestyle‚ it remains that the author has chosen to abide by it and

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    IV AUSTIN’S NEW BUSINESS JUDGMENT RULE A Elements In contrast to the AICD’s defence‚ Austin’s proposal for a new business judgment rule (NBJR) is substantially objective. The NBJR provides that a person acting in the capacity of a director does not breach a duty imposed by legislation unless the party alleging the breach proves that: (a) there was no business judgment; or (b) there was a business judgment‚ but: 1) the director was dishonest; 2) the director had an undisclosed material personal

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