Admin Law Outline Overall Analysis 1. Enabling Statute—What was Congress thinking? 2. Constitutional Questions 3. Is informal rulemaking (quasi-legislative) or formal rulemaking (quasi-adjudicative) appropriate? 4. Is there sufficient notice? The red highlighted material will not be covered on the exam although it is important information for understanding Admin. law. 3 ½ hrs. to complete exam. I. The Origin and Mandate of Administrative Agencies Purpose 1. Regulate personal behavior of
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translation of evidence-based practice as a practice mean. Critical care nurses are in a place to critically appraise and apply best evidence in daily practice to improve patients’ outcomes. It is important for critical care nurses to frequently assess their current practice to confirm that they are applying the current best evidence rather than practicing on the basis of tradition. As health care professionals‚ each of us are accountable for discovering new knowledge to guide practice‚ dispersing
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Practice Problems Chapter 13 Recommended 1-3‚ 6‚ 8‚ 21‚22‚24 Discussion Questions 13-1. Risk-averse corporate managers are not unwilling to take risks‚ but will require a higher return from risky investments. There must be a premium or additional compensation for risk taking. 13-2. Risk may be defined in terms of the variability of outcomes from a given investment. The greater the variability‚ the greater the risk. Risk may be measured in terms of the coefficient of variation‚ in which we divide
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third party e.g. by entering into a contract or disposing of the property of the principal. Agency has been defined in different ways by different scholars. According to Fridman in his book ‘Law of Agency‚’ ‘Agency is the relationship that exists between two persons when one called the agent is considered in law to represent the other called the principal in such a way as to be able to affect the principal’s legal position in respect of strangers to the relationship by the making of contracts or the
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Rolly approached Molly and Polly and asked them to be shareholders to form a company. Then Rolly acquired a shop lot worth RM350‚000 in order to prepare for the company in future. She bought this shop lot below the market price as the vendor was looking urgently to sell it. After the company is formed‚ she sold the shop lot to Jiggles Sdn. Bhd. at market price. Thus‚ she gained a lucrative profit of RM200‚000 without the knowledge of any other party. Definition of promoter Section 4(1) of the
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3. 4. 5. Introduction The general principles of liability for negligence Product liability Liability for negligent misstatement Vicarious liability THE LAW OF TORT (民事侵權法) 1. What is Tort? One party suffers damage or loss as the result of the action of another No need for a contractual relationship The law of tort regulates the behaviour of individuals and legal persons 2 1. Introduction Tort: “Wrong” (a civil wrong) Three main types: • Intentional torts (Beating
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American Laws Mandatory Authority Court decisions that are binding on all lower courts. Ex: The Constitution‚ the enactments of the legislative branch of government‚ and the case law decisions of the judicial branch of government. Mandatory authority is legal authority that the courts must follow. The decisions of the Supreme Court are mandatory on all lesser federal and state courts. The highest appellate court of a state are mandatory authority for the lesser courts. An ex; of Mandatory Authority
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biological process for the production of plants or animals. This provision shall not apply to micro-organisms and non-biological and microbiological processes. Provisions under this subsection shall not preclude Congress to consider the enactment of a law providing sui generis protection of plant varieties and animal breeds and a system of community intellectual rights protection: 22.5. Aesthetic creations; and 22.6. Anything which is contrary to public order or morality. (Section 22) Home | Back
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Role and Functions of Law LAW 421 Role and Functions of Law The role and functions are all based on its purpose; the purposes of law begin when domination and power of higher authority had no consideration for the rights of individuals (Melvin). The United States has created laws to help justice in society from many angles‚ in this case education and the workplace‚ and promoting good faith dealing among businesses. There are four sources (primary sources) of law that have federal and state
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BY-LAWS (ON PROFESSIONAL ETHICS‚ CONDUCT AND PRACTICE) OF THE MALAYSIAN INSTITUTE OF ACCOUNTANTS Malaysian Institute of Accountants Dewan Akauntan‚ No. 2‚ Jalan Tun Sambanthan 3‚ Brickfields‚ 50470 Kuala Lumpur‚ Malaysia. Website: www.mia.org.my (AMENDED AS AT 15 JUNE 2012) By-Laws (On Professional Ethics‚ Conduct and Practice) of the Malaysian Institute of Accountants [Issued December 2010] PREFACE The Revised By-Laws (On Professional Ethics‚ Conduct and Practice) of the Malaysian
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