The harm that was suffered by the plaintiffs “could have been reduced or avoided by the adoption of a reasonable‚” in that if the gust lock had been as Gulfstream asserted and prevented the throttles of the airplane from being advanced from beyond a low setting‚ the airplane would not have reached the speed that it did and the harm that the plaintiffs suffered could have been avoided. In this case‚ the gust lock mechanism allowed the pilots involved in the crash to advance the speed of the airplane
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Elements of a crime The basic components of a criminal offense are listed below;[2] generally‚ each element of an offense falls into one or another of these categories. At common law‚ conduct could not be considered criminal unless a defendant possessed some level of intention — either purpose‚ knowledge‚ or recklessness — with regard to both the nature of his alleged conduct and the existence of the factual circumstances under which the law considered that conduct criminal. However‚ for some
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ACTUS REUS: OMISSION & CAUSATION The general basis for imposing liability in criminal law is that the defendant must be proved to have committed a guilty act whilst having had a guilty state of mind. The physical elements are collectively called the actus reus and the accompanied mental state is called the mens rea. It is the fundamental duty of the prosecution to prove both of these elements of the offence to the satisfaction of the judge or jury beyond reasonable doubt. In the absence
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BUDDHIST PHILOSOPHY! SELECT ANY 2 OR 3 IMPORTANT CONCEPTS OR ISSUES THAT ARE ADDRESSED IN THE BUDDHIST PHILOSOPHY. EXPLAIN WHY THESE ARE IMPORTANT TO CONSTITUTE THE CHINESE TRADITIONAL VALUE. Buddhism was introduced into China during the first century CE. This was during the Han dynasty. The main ideology during the Han period was Confucianism. Therefore‚ Buddhism did not have much influence on the lives of the majority of the people in China. However‚ during the third and fourth centuries CE
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view and Richard Swinburne argument. St.Thomas Aquinas believed that existence of god could be proven. In his Summa Theologiae Aquinas put forward five proofs (or five ways) for the existence of God:First Way – Argument from Motion Second Way – Causation of Existence Third Way – Contingent and Necessary Objects Fourth Way – The Argument from Degrees and Perfection Fifth Way – The Argument from Intelligent Design. In his fifth way Aquinas explains‚ 1. Things in the universe work towards an end
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In this essay‚ I will be discussing the leading causes of the recent endangerment of both the North American bats and coral reefs. There are ultimate and proximate causes for each of these species continued extinction. In correlation‚ the extinctions of North American bats and coral reefs would severely impact other organisms in their ecosystem in any ways. Most recently biologists went to complete their annual bat census only to discover that an abundance of bats were quickly dying off or already
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CH7 Crime-business community: Elements of crime(criminal law)1 actus reus(guilty act) wrongful behavior. 2 mens rea(guilty mind)wrongful state of mind. When liability is assessed without guilty mind it is liability without fault or strict liability ex. unknowingly selling alcohol to minor. Criminal burden of proof –guilty beyond reasonable doubt civil b.o.p-a preponderance of the evidence(more likely than not). Classification of crimes:1 felony serious crimes punishable by imprisonment for over one
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organization E. Multicausality 1. “A not B error” F. Three types of nested timescales 1. real time‚ developmental time‚ evolutionary time 2. examples: speech‚ birdsong G. Continuous and discontinuous development H. Proximate and ultimate causation I. Levels of organization/levels of complexity 1. “levels of analysis chauvinism” 2. nominal fallacies (examples) J. Braitenberg vehicles 1. Law of uphill analysis and downhill invention 2. Implications of
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Week Four Make-up. Define‚ comment upon‚ and give examples from your eBook Chapter 6 1. APA for agencies: requires agencies to follow certain uniform procedures in making rules. arbitrary and capricious – this is the standard for challenging and agency action‚ an abuse of discretion or in violation of some other law. It requires the agency to show evidence to support the proposed rule‚ without the evidence the rule can be called arbitrary and capricious. – this can be set aside ultra
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Midterm Essay Tort Law Torts and Defenses FACTS: Teenage Son has borrowed parent’s car one evening. First‚ he dropped by his girlfriend’s house to pick her up but once there met with considerable resistance from her parents. Her father stood menacingly in front of the car as your son started the engine‚ and your son‚ not one to be intimidated‚ yelled out the window that he would run over her father if he did not get out of the way. The father‚ who doggedly stood his ground until the last
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