Discretion Critical Thinkings Samples For Students

Criminal Law

According to Ortmeier (2006), the police officer must possess the following skills and qualities such as proper attitude, integrity, leadership, judgment, communications, human relations, cognitive skills or knowledge and technical skills in order for him to be able to function effectively in the modern society. The police officer must possess the proper attitude in order to gain community support and efficiently carry-out the objectives of the agency. Police attitude is vital to be able to solve the problems he is confronted with in a proactive manner, and not driven by selfish motivations. He must be a peace-maker and encourage cooperative relationships ...

Scenario One

Sebastian commits this offense when he dishonestly buys business class tickets with the intention to sell them. Evidence of further dishonesty is illustrated by his travelling in economy class while the company records indicate that he travelled in the business class. Even though no harm results to the company from his actions, the case of Attorney General’s Reference (No. 3 of 2003) held that the key determinant in the offense is the conduct, not the results. Accordingly, Sebastian has committed the offense regardless of the outcome of his conduct.
It is however imperative to note that it ...

1. In the case study given, the president of Big Bank does not have any discretion to rescind the contract. Contract rescission is not available to any party when there is substantial performance from the other party. In this case, System Inc has performed a substantial percentage of the agreed tasks. As such the boss of Big Bank cannot rescind the contract. There are several circumstances when either party can rescind contract. For instance, when there is consent from the two parties, a contract can be rescinded. Hen consideration fails; a party can rescind the contract. A contract which is against the ...

The Environmental Protection Agency (EPA) has been given a mandate by the Congress, through legislation, to protect the environment for the people of the United States. The parent act establishing the agency gives it the power to make delegated legislation that would be essential in helping the agency carry out its obligations efficiently. Drafters of the Constitution, in their wisdom, saw it fit to advice Congress, and indeed encourage it, through provisions of the Constitution to establish agencies with regulatory power to carry out specific functions. Indeed, Congress cannot be heard to legislate on everything because it will be overwhelmed ...

Question one

The theory of checks and balances is a theory seeking to limit the power of the branches of government by way of accountability as against each other. This theory is premised on the footing that if power vested in an individual or a branch of government is left unchecked, it is bound to be abused. Checks and balances are described as the sharing of power. In essence, it is not entirely true. Rather, checks and balances refers to a system of accountability whereby each arm of government that is the executive, the judiciary, and the Legislature serve as watchmen or better still, ...

The case number one is a rather subjective case. The main problem is caused by the father’s reluctance or fear of undergoing medical operations, which he actually has the right to. Critically, refusing to undergo a medical operation—one that would probably be the only way for Mary Stokes, Mr. Stokes’ daughter, to be saved from the primary and secondary complications of a renal disorder, can well be considered one of the rights that can be given to any patient.
The first question is all about whether the father—the one who refuses to let his daughter and the rest ...