Essays on Malice

Jihad is a very contradictory Arabic term. It includes every kind of effort, exertion, conflict and war (Aidin 7-15). The etymological origin of the word Jihad is derived from j-h-d which means striving one’s utmost or exerting one’s utmost power, efforts, endeavors, toil or hard work and ability in contending with an object of disapprobation (Aidin 7-15). As it is seen this expression means to make an effort for Allah in many fields of life (Aidin 7-15). The goals of jihad and its idea have changed a lot while Muhammad performed his activities. Initially, Muhammad and Quran ...

Product Development is the design of new products, or new features in old products that is meant to offer better benefits to the target users (Ulrich and Eppinger, 2012). Product Development goes further to involve the marketing of the created product. Several factors determine the success of Product Development. Broadly categorized, such factors include type of product in question, state of the target market and economy, the characteristics of the target customers among other factors within and beyond the company. All these factors constitute part of the risks faced by company involved in product development (Towey, 2013). Factors that ...

Dr

Assignment 1

WR Assignment Guiding Question: How does the communication styles effect relationships Integrated Summary: Communication or conversational style is the way in which people interact and communicate with others through verbal and non-verbal mediums. It is the purposeful way of sharing information in which the receiver may not exactly understand what the communicator has to say. It may be due to cultural or language differences (Gareis, Merkin & Goldman, 2011). Hence, stress, noise, misunderstandings and conflicts need to be removed from communication process and channel to improve the bond of friendship or acquaintance or relationship between the people. Communication style ...

Witchcraft can be defined as the use and application of magical powers typically obtained from sorcery or evil spirits in performing unbelievable things. Or it can as well be defined as the invocation and exercise of alleged powers which are supernatural in nature in controlling events or people with the involvement of magic or sorcery. Therefore, a witch can be described as an individual who performs these supernatural scenes. In most cases, the unavoidable element of witchcraft is the infliction of painful feeling to one party in efforts of satisfying the wants of the other party. These painful inflictions ...

One of, if not the most, important products of the media industry is the dissemination of content. However, every time a piece of content is disseminated or published, the author of that content is subject to potential liabilities. One of the most common liabilities is defamation. Defamation, is largely defined by state law. However, most definitions of defamation are generally the same. Accordingly, defamation, in essence, refers to the dissemination or publication of false information to another that injures or harms the reputation of a person, groups or organization (Solove, et al., 159). More specifically, defamation requires the occurrence ...

Introduction

There are four ways through which individuals in the world ultimately expire or die. The four include suicide, murder, accident and natural death. Among the four ways, the one that attracts the most attention is murder. Murder, also referred to as homicide, is the act of one individual killing the other. However, there are sometimes when homicide is not criminal. For example, a person can kill another while defending themselves. In other cases, someone may be given the authority by law to take the life of the other individual who may have committed serious crimes.

A Summary of the History and Evolution of the Law Regarding Murder

In developing the homicide ...

Q1 Answer

Chalfant needs to review the American with Disabilities Act to establish whether he qualifies to file his case under ADA. It is worth noting that the Act requires one to meet various provisions in order to be protected. First, the victim should be able to clearly show that his disability is physical or mental impairment that prevents one from doing certain activities in his or her life course. Besides, it argues that the victim should have a good history suffering from that impairment. Finally, it requires one to be known by others for having such impairment. The qualification of ...

Introduction

Defamation is the publishing of a statement regarding a person’s reputation to the effect that the statement lowers the person in the estimation of right thinking members of the society. The offence is divided in two different torts; slander and Libel. The earlier distinction between the two indicated that libel involves publications made in printed form while slander is basically oral defamation. However, with recent technological advancement, the approach is that libel occurs when the defamatory statement is in permanent form while slander has to make statements which are not recorded or not in permanent form. In order ...

Facts: In 2008, J.P. Weichel was angry with his ex-girlfriend. In response to a conflict they had over visitation with a daughter they shared, Weichel complained anonymously online. Some of the comments that he made about his ex-girlfriend were crude and obscene; while other comments suggested that she was an unfit mother with a questionable sex life. Ultimately, the girlfriend informed the police who eventually traced the comments back to Weichel. Once it was revealed that Weichel was the poster of the comments, rather than the ex-girlfriend filing a civil charge of defamation, the local district attorney filed a ...

Although the categorization of criminal homicides somewhat varies from state to state, they typically fall into four major categories, which are justifiable homicide, exusable homicide, murder, and manslaughter. The first category of criminal homicides, which is justifiable homicide, applies to "self-defense, defense of others, defense of the home, and police use of deadly force" (Lippman, 2015). The exusable homicide type is determined as "murder committed by individuals who are considered to be legally insane, by individuals with a diminished capacity, or by infants" (Lippman, 2015). The category of murder includes all homicides which do not fall into the categories ...

(Institute/University)

Introduction

Lippman (2012) cites the definition of Fletcher that categorizes ‘attempts’ can be understood as ‘failures.’ For example, a shooter misses the intended victim, robbers are arrested as these leave the scene of the crime, and when a thief fails to steal anything from their victims. In this light, there must be an identification of the factors that determine when an attempt can be considered as a crime. Lippman proffers that there are two primary definitions for criminal attempt: “incomplete attempt” and “complete attempt.” In this definition, a complete, yet flawed, endeavor is committed when the perpetrator takes all ...

Introduction

Defamation laws have overwhelming dominance when it comes to the traditional right to reputation. However, the Defamation Act of 2013 has concerns in that it has “gaps” in the protection it provides. In other words, the Defamation Act of 2013 “heightens concerns that gaps in the proper protection of natural person’ traditional right to reputation may have emerged” (Eridos, 2014, p. 537). This paper assesses the Defamation act 2013 and whether or not it strikes the right balance between freedom of expression and the right to reputation.

Defamation Act of 2013

The Defamation Act of 2013 was created in order to amend the ...

Criminal Liability of Joe

Joe is liable for possession, supply, and permitting premises to be used for the supply of controlled drugs under the Misuse of Drugs Act 1971. The law provides that it is “unlawful for a person to have a controlled drug in his possession”. Joe is a user of illegal drugs. Any controlled drugs found on his person and place of residence renders him liable for possession. When Karla overdosed, Joe was in possession of the heroin that Karla injected on herself. It is also unlawful for any individual “to supply or offer to supply a controlled drug to another”. ...

Introduction

This essay reviews the various aspects of evidence gathering and applies them to the exclusionary rule and the fruit of the poisoned tree. The primary purpose of the paper is to discuss possible instances that officers can consider to ensure the quality of the evidence gathered in the Ellis’ “Who did it?” case. It shows just how complex an investigation can become should the officers acquire a taste for unreasonable and illegal means of collecting information. Therefore, the following is an assessment of these elements.

The Exclusionary Rule and Fruit of the Poisonous Tree

The exclusionary rule disallows the federal system from using evidence collected in violation of ...

There were a lot of knights recorded in King Arthur’s time. Most of them are renowned because of their greatness like Sir Launcelot du Lake, Sir Tristram de Liones, Sir Lamorak de Galis, and many more. Because of the numbers of the knights at that time many knights will forget the faces and will just rely on their titles. With all the titles they have, no one will forget the kindness of Sir Lamorak.

His firmness in the Isle of Servage gave great hope unto the people of the isle against their lord, Sir Nabon le Noire. He ...

Discussion #1: Nurse Practice Act and Rules and Regulations in Texas Board of Nursing

Sec. 301.451: This section sets the precedence upon which the Texas Board of Nursing can take disciplinary action against an individual for reasons that have been proven beyond doubt that they would in one way, or another compromise the delivery of service. This section identifies all prohibited practices within the health care settings for all nurses. Among the issues, it identifies include the use of fraudulent documents or those obtained unlawfully by anyone serving within the workforce. The section also identifies the use of a license that has been revoked or suspended as a prohibited practice (Texas Board of Nursing, ...

Intention and knowledge of a crime cannot be of the same type of mens-rea. For example, murder and culpable homicide are intentional and knowledge based respectively. The intention based mens rea places mental element of murder foremost as an intention to cause death. At a lesser degree is an intention to cause a specific bodily injury which the offender knows will cause death of the victim. This is almost the same as the mental element for murder as the offender knowingly causes the bodily injury that it can cause death. As such, the offender is liable to be convicted for murder. Next ...

Juvenile waivers involve a situation when a juvenile is transferred to an adult court and hence tried as an adult. This means that the juvenile is tried absent of all the protections offered to juveniles in the juvenile court. This may have very impactful effects on the life of the juvenile. A good example is that juvenile records are not a permanent stain on the juvenile’s life. These records are sealed the moment the juvenile turns 18. However, proceedings and outcomes in an adult court are a more permanent record. Irrespective of the age of the juvenile during the time, their case ...

CITE: USA Today, Oct. 2, 2013, page 34.

FACTS: Katherine Jackson, mother to Michael Jackson brought a suit on negligence against AEG Live LLC. AEG Live LLC was a concert promotion company that produced Jackson’s comeback concerts. Katherine argued that AEG Live LLC acted negligently in hiring the physician responsible for administering the medication that killed Michael. Conrad Murray, the physician, was found guilty of involuntary manslaughter in November 2011 for administering a propofol overdose that lead to the death of the singer.

In their negligence claim, the family sought to show that AEG Live LLC was responsible for hiring the ...

Manslaughter

Manslaughter is a civil terminology used to describe the act of killing an individual which is slightly culpable as compared to the commitment of murder. The distinctive factor between murder and manslaughter is the mental state of the individual committing the felony(Loveless, 2012). Manslaughter is categorized into voluntary and involuntary.

Voluntary manslaughter is the instance where the culprit has an intent which leads to a serious injury or death of an individual. Voluntary manslaughter usually carries light degree of charges basing on the mental state of the defendant and the circumstances he or she faces. According to Collings (1962), a homicide ...

Anybody who has read or watched The Game of Thrones: A Song of Ice & Fire Series –would agree with me that it is a series that shows every facet of deception used by humans. According to Merriam-Webster, the word “deceive” means, “to make someone believe something that is not true” or “to cause to accept true or valid what is false or invalid.” Deception is a form of dishonesty that is used everyone, every day. And the characters in this book are able to show how it is done so to achieve what one wants; whether it is something ...

In the Night written by the Elie Wiesel, the author describes his misery in the Holocaust. He uses the imagery to demonstrate the dehumanization of the Jewish people in the Nazi camp. These Jews were forced to survive deceitful conditions in the concentration camps. The incarcerated Jews were subjected to the most horrible forms of inhuman treatment. This made Jews lose their mentality and morality because they were pushed beyond their capability of dealing with oppressing brutality, starvation, exhaustion and diseases among others. The change of the character and morality can be attributed to the dehumanization that they experienced, ...

Citation: 376 U.S. 254 (1964) Vote of the Court: It was a unanimous decision by all nine justices with two concurrences for the New York Times Company. Legal Issue(s): Do the First Amendment protections of free speech and freedom of the press include false or libelous statements? To what extent can state courts apply their own rules of law in regards to their interpretation of libel law? Procedure of the case: The case was first tried in the Montgomery County Circuit Court in Alabama. The jury entered a verdict against the New York Times. The New ...

Introduction

Homeland Security faces many distresses day in day out managing to outmaneuver some, and some are just inevitable. However, among them is one that is advancing at a dangerous rate: cyber security. The heightened growth rate is because of the high rate with which technology is advancing. The internet, which consists of billions of interconnected computers, has just increased the potential of this “goblin”. Cyber security has been on our necks ever since networking came to life. Once the information goes on board the network, its safety is no longer guaranteed. It is prone to compromise any time and once ...

When studying the ways humanity has tried to organize itself politically, one must start by reading what the ancient Greeks wrote. They gave a good account on how life ought to be conducted in their city-states. Aristotle´s ideas gave foot to many of today´s modern theories, such as the constitution, the separation of powers and democracy. But he, like many of his contemporaries, seemed to be more interested in the quality of the rulers than in the quality of the rules. This paper will describe what should be the best configuration of the state according to Aristotle and ...

I will rely on 22-2403 regarding second-degree murder I will also rely on the evidence presented by an expert in Battered woman syndrome, Mrs. Dominique Stephens and a doctor, Sidney, who works at the emergency services. Mrs. Dominique’s evidence will show that she has been suffering from battered woman syndrome. The expert witness in battered woman syndrome will corroborate Dominique’s evidence and proof that she was suffering from the syndrome at the time when she shot her husband. The expert studied the defendant for one month and affirmed that she is suffering from battered woman syndrome. His ...

Shakespeare is remembered as a legendary play writer. Most of his works are defined as tragic plays which results in the untimely death of the main characters. The main characters in his plays meet their “tragic” death through breaking the norms of the society, “Vienna and Verona”. Fornication and adultery are sexual crimes that trigger mixed reactions in a society, some debates on the person who ought to be punished, the lady or the man or both? However, what causes a greater storm is the acceptable form of punishment for the offenders. While some societies have “friendly” punishments, others punish the sex ...

Introduction

The country’s criminal justice is one of hallmarks of modern civilizations. It secures the rights and liberties enjoyed by modern Americans. Its three components – law enforcement, courts and corrections – all work together and separately to ensure that the vision of the founding fathers continue to guide the country. Each of the components, for example, should ideally abide by the principles of due process and equality. As shown in the case study being considered here, all components apply in processing a person’s entry into the system.

Description of Murder

Murder is defined by 18 U.S. Code § 1111 (a) as “the unlawful killing of a ...

CALIFORNIA CIRCUIT COURT

Civil Action No. 35 of 2014 IN THE MATTER OF; THE CUSTODY OF CHASTITY SALLY BRIGHT. PETITIONER VERSUS JOHN BRIGHT .. RESPONDENT

Comes Sally Bright, by counsel and in her Memorandum she states as follows:

I. FACTS The petitioner was married to the respondent and later separated due to marital difficulties. Later, the petitioner filed a divorce petition and the court granted her temporary custody of their daughter. However, the court granted the respondent weekly visitation a right in regard to their child .The issue is that the respondent wants custody of the child. II. ISSUES

A.SHOULD THE PETITIONER BE GRANTED CUSTODY OF THE CHILD?

California family code 320-322 provides that the judge should consider the interests ...

Kenneth Ravenel v. Fredrick L. Burnett (Case study) Kenneth Ravenel v. Fredrick L. Burnett (Case study) Under the field of criminal law, the case, Kenneth RAVENEL v. Fredrick L. BURNETT [2070401], September 26, 2008, under the Court of Civil Appeals of Alabama, exemplifies conflict resolution. As an example, it entailed the requisite steps in which conflict may be resolved, in addition to the practicability of their applications. The case in point pertained to the claim by Burnett that Ravenel had threatened him with malicious harm, because of suspecting the former of being in an affair with his ...

I have found myself in several moral dilemmas, and I had to rely on my moral beliefs in order to make a firm decision. Sometime back, while doing some shopping at the local supermarket, I passed by the baby products section and accidentally brushed by some baby oils. One of the bottles fell on the floor and rolled under the shelf. No one was insight, and no one saw what I had done. I decided to continue with my shopping. I moved around and coming back to the same shelf, I found some oil was flowing from under the shelf. ...

Business Law Case Study

Debbie Gates is eventually laid off on account of her alleged heavy drinking, a fact she denies vehemently. She joins issues with the fact that her former employer, Prada, informs anyone who cares, the reasons (heavy drinking) for her dismissal, a fact she also learns from other employees and not directly from her former employer. Following her dismissal, Gates and her friend Zuckerberg team up to form a rival company to their former employer and name it, Prado ostensibly to deceive unsuspecting customers. Further, they poach the Chief Financial Officer of their former employer who helps them lure more customers and investors ...

The decision of the court on the New York Times versus Sullivan case sent shock waves throughout both the media fraternity and all public office holders. The court ruled that for a ruling to be made in favor of any public officer suing the fourth estate the public officer had to beyond the shadow of a doubt prove the intent of malice on the part of the fourth estate. The court further ruled that negligence or ignorance does not constitute to malice and for the public officer to get a decision that had to prove evidence of malice and also prove that ...

Describe Malice Aforethought and how we show/prove it. If they (the criminal) doesn't tell you their man endangering state of mind how can you prove it? Malice aforethought in common law and fourteenth century law in England had been associated with murder as an act of killing with “malice prepense”. Under common law, there had been no “degrees” murder. The term “malice aforethought” literally meant to indicate an intentional, preplanned, deliberate murder motivated by ill will (malice) toward the victim. Several centuries later, judges started defining “malice aforethought” to cover killings of any kind not only preplanned killing ( ...

What are human and organizational costs of emotional labor and /or toxic emotions?

Discuss and illustrate how organizations and individuals should handle these challenges. Emotional labor is a type of emotional management, which entails the management of emotions in the workplace. The management of emotions in the workplace is extremely important especially when an individual is working in a service based industry. The three main aspects of emotional labor are; planning, effort, and control . The events at work place have real emotional impact on the employees. However, negative emotions, such as, sadness, stress, hostility, guilt, fear, and anger, increase the predictability of workplace deviance and how the outside environment views the organization. This ...

In Inferno by Dante, the circles of Hell are depicted as different areas where people who have committed specific sins are doomed to rest. The second through fifth circles are the resting places for sins of incontinence; these are sins without malice. These are a unique category distinct from the other sins, and they all have very distinct similarities - the most prominent of these are the fact that they all involve the individual valuing something earthly above God, and therefore meriting punishment. The sinners LOVE the things that they do, and that is their downfall, since they cannot escape ...

In Inferno by Dante, there is a great deal of symbolism due to the allegorical nature of the work. In this poem, man’s relationship between good and evil, Heaven and Hell, and more are explored with symbolic representations of man’s own iniquities. The circles of Hell are depicted as different areas where people who have committed specific sins are doomed to rest. The second through fifth circles are the resting places for sins of incontinence; these are sins without malice. These are a unique category distinct from the other sins, and they all have very distinct similarities - the ...

William Shakespeare’s Macbeth is an engaging play which documents the journey of Macbeth up to the paramount helm and his subsequent downfall. The play portrays the dichotomy of mind, the hunger for power and the brutal clutches of fate that looms over the lives of Macbeth and Lady Macbeth who finally succumb under the onus of their deeds. How life meanders its way through the series of events finally leading to the downfall of the duo is aptly portrayed by the stalwart playwright. Shakespeare uses the protagonist of his play to exude the horrendous effects of ambition and ...

Freedom of speech is an important right enshrined in the constitution. However, the freedom should be exercised with caution. For instance, it is wrong to spread false claims about an individual, a state officer or an organization without enough facts. Such an offence may attract defamation charges. Defamation is the communication of false information that gives an individual, a business, a group, or a nation bad image. In most cases, individuals and organizations that feel defamed may press for a tort of defamation. A tort of defamation refers to a legal action brought against an individual or an organization accused of making false claims which ...

Kant is well known for his philosophy which he developed in three parts, with the first being the groundwork of metaphysics (Kant, 7). Here Kant looked at the relationship of the rational or knowledge of morality with philosophical knowledge. The second part of Kant’s work focused on the critique of practical reason and the last part of his philosophy looked at the metaphysics of moral. Through Kant’s philosophy he tried to establish the relevance of morals with the actions that people purpose. This is why he tried to convert what people believed, knowledge of morality into philosophical ...

In Inferno by Dante, the circles of Hell are depicted as different areas where people who have committed specific sins are doomed to rest. The second through fifth circles are the resting places for sins of incontinence; these are sins without malice. These are a unique category distinct from the other sins, and they all have very distinct similarities - the most prominent of these are the fact that they all involve the individual valuing something earthly above God, and therefore meriting punishment. The sinners LOVE the things that they do, and that is their downfall, since they cannot escape ...

INTRODUCTION

Criminal homicide is the act of ending another person’s life by the hand of another (Luckenbill, 1977). There are many different ways in which criminal homicide is defined in the American criminal justice system; different degrees of what constitutes homicide, as well as other mitigating factors, can help to determine the sentencing of an individual or individuals who take part in the act, whether voluntarily or not. This is meant to apply as individualistic a sentencing as possible on the particular situation, instead of making standardized choices for criminal homicide on the whole. All of this leads to an ...