The courts play pivotal roles as far as justice is concerned in any given country. In addition to the implementation of law of the land, thy act as a link between the various arms of the government; hence the power balancing factor. Solving conflicts is one of the roles that have been solely accorded to courts. Among such conflicts is the interpretation of law, something that has become common in the modern society. In most civilized societies, law-making lies in the hands of parliament. However, sometimes parliament creates complex laws, and their meaning become a source of controversy because Continue reading...
Essays on Rule
Example Of Essay On Interpretation Of Statutes And Constitutions
The judges mainly rely on a various principles when interpreting the acts of parliament. These rules include:
- The literal rule.
- The golden rule.
- The mischief rule.
The literal rule
It is the cardinal rule of construction (interpretation) of statutes. In this rule, words must be given their ordinary, literal, grammatical meaning. The literal rule is the first rule to be used in establishing the intention of the legislature.
In many cases, the courts are normally required to interpret the meaning of a given piece of legislation to enable them apply facts to the cases that come before the judges. As such, the courts have continually developed a wide range of rules of interpretation to assist them Continue reading...
The Application Of The Locality Rule In Texas Research Paper
Definition of terms
Locality Rule- This is the law used to measure health care providers and their omissions or actions on the threshold of how other similar professional in the field practicing in the same community act under the same circumstance of the case.
Standard of Care- This is the average degree of care, diligence and skill practiced by members of the in same profession, who are in the same locality in accordance with the current or modern state of medical and surgical science.
Medical customs-Procedures and methods used by physicians that are acknowledged and acceptable by members of the medical profession
The cardinal objective of health care laws is to safeguard patients from substandard medical treatment and care Continue reading...
Free Essay About The Conception Of Integration
Validity and Scope of Approximate Methods of Integration
Addition of discrete numbers is pretty straightforward; more than 80% of the human population can make mental calculations instantly. So when integration was introduced as a kind of addition in a continuous domain, I was not very worried. However, it didn’t take me long to realize that understanding integration is more than solving a bunch of problems using well defined techniques. So in my pursuit to understand the topic well, I decided to research upon how some of these techniques (Trapezium Rule and Simpson’s Rule) came about, how they work, and what they really mean. With Continue reading...
The Exclusionary Rule: A Fourth Amendment Analysis Case Study
The Exclusionary Rule is one of the more important rules that is utilized in the American judicial system. The entire American judicial system is designed to protect the individual's rights from the government, and to limit the amount of power that the federal and state governments have over the citizenry. In criminal trials, the individual is considered innocent by the government until proven guilty; this is to protect the individual citizen against unfair or untrue allegations, and to ensure that all citizens receive a fair trial when they are accused of criminal activity.
The exclusionary rule or the exclusionary Continue reading...
The Exclusionary Rule Research Paper Sample
The Exclusionary Rule
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” The Fourth Amendment of the U.S. Constitution
The Exclusionary Rule
The United States Supreme Court has interpreted the 4th Amendment to require that law enforcement officers obtain a warrant prior to search, and that said warrant satisfy two conditions (1) probable cause, and (2) particularity. Under the Exclusionary Continue reading...
Article Review On Ethics Of Cheating
Cheating is malum in se, a proper understanding of precision with a strong moral pejorative linguistically as cheating bring about. Cheating involves rule breaking; however, not all rule breaking is cheating. Green provided four formal elements existed to ensure not to judge whether cheating happened. First, the rule is fair and enforced. Second, rule breaking takes place in rule-governed activity. Third, the rule breaker intends to break rules. Fourth, the rule breaker intends to gain advantages.
Some exceptions have its own policy in the rules; the classification does not mean that it is a rule breaker. The moral weight Continue reading...
Example Of Essay On Political Theory Of Plato And Aristotle
When studying philosophy and political science in general, the names of Plato and Aristotle are often mentioned as the most prominent minds and the starters of many philosophical and political doctrines. Both philosophers were concerned with the nature of the State, or the polis, the forms it could take and which one of them could be considered as the best possible regime a society could give itself. According to Bertrand Russell, Aristotelism gave the foundations to forms of government based on reason, while Platonism gave foot to idealism and the establishment of mysticism as a way to control societies . Continue reading...
Good Approaches To Interpreting Legislation Essay Example
The government of the United Kingdom is composed of three branches. The three branches are the executive, the legislature and the judiciary. The nexus of these three branches of government lies in their positions vis a vis the law. The legislature is tasked with formulating the laws, the executive with executing the law and the judiciary with the task of interpreting the law. This submission will be seeking to dwell on the Judiciary’s function of interpreting the law. The submission will be specifically focusing on the various approaches, rules and other assistance which members of the judiciary use Continue reading...
Essay On Security And Privacy Issues In Hospital Information Systems
Security and privacy issues in hospital information systems play a fundamental role in the adoption of the systems. A Hospital Management system can only be adopted if proper security is ensured to protect the patients and the information that is found in their records.
The Health Insurance Portability and Accountability Act (HIPAA) were enacted by the US congress in 1996. It protects the Health Insurance coverage for workers and their families when they change or lose their jobs. It established new standards Continue reading...
Lab Partners Name(S) Report Samples
This laboratory report examines a two-part experiment carried. The first experiment was carried out to test both the Kirchhoff’s loop and junction rule. The results of the experiment have been presented in the report. Using the results collected the loop and junction. The second part of the experiment involved determining the Kirchhoff’s loop and junction rule. The maximum power transfer equation has been derived in the report.
The object of the experiment is to test both the Kirchhoff’s loop and junction rule. The experiment was also aimed at determining how maximum power Continue reading...
Good Law And Social Theory Essay Example
Law and social theory
Sociology has been linked with the way people live their daily lives. Many scholars have tried to explain the relationship between law and social theory. The most widely known scholars or sociologist who attempted to create a relationship between law and social theory would be. Marx who came with what has commonly come to be referred to Marxism and then mark weber who was a well-known sociologist. Their works had similarities and differences, but their aim in trying to figure out the relationship between law and social relations was similar.Max weber
Conferring to weber work in his book economy Continue reading...
Exclusionary Rule Evaluation Essay Examples
The Fourth Amendment guarantees the right of every person to be free from unreasonable searches and seizures, but it does not specifically provide a remedy in the event that a constitutional violation shall take place. According to Samaha (2011), no person shall have a constitutional right in exclusionary rule or defense of entrapment. The judge established a doctrine called the “exclusionary rule” which provides that any evidence that was obtained during the search or seizure that violated the defendant’s constitutional rights shall not be allowed to be introduced by the prosecution for purpose of presenting as evidence to Continue reading...
Knarles And Barkley Case Study Example
Knarles and Barkley Case Study
Liabilities under Contract Law
Chetum vs Knarles & Barkley
Fact: Knarles wants to repudiate a contract between Chetum and Barkley.
Issue: Breach of contract. Chetum entered into a contract with Barkley that Knarles, Barkley’s father and business partner, refuses to accept. Does Knarles repudiation of the contract constitute a breach of contract?
Rule of Law: A contract must have the following elements in order to be enforceable: (1) mutual consent, manifested by offer and acceptance, (2) consideration, (3) legality of object, and (4) capable parties (Calamari and Perillo, 1998).
Application: Barkley sent a contract (offer), which Chetum signed (acceptance), Continue reading...
M'Naghten Rule Research Paper
Before the establishment of the M’Naghten rule, it was not clear whether or not an insane individual could be judged as being guilty if the individual was accused of any criminal offence. The M'Naghten Rule refers to a rule that was established in 1843 in a case that involved Daniel M’Naghten and the then England Prime minister Sir Robert Peel, (Goldstein, 1980). The rule can be said to be test for criminal insanity. It is important to note that as per this rule on the basis of insanity reasons, the defendant cannot be judged as being Continue reading...
Example Of The History Of The Middle East Book Review
The Middle East experienced various issues concerning feminism, poverty and colonial rule especially in the period of the European invasion and control. During the colonial invasion, Syria remained under French rule while Egypt fell under British rule. The history of the two colonies experienced different events through both the colonial and the post-colonial periods. Harem Years by Huda Shaarawi and Fragments of Memory by Hanna Mina explore various issues that characterized the Syrians and Egyptians during this period. One of the stories occurs in Egypt while the other occurs in Syria. Harem Years describe the lives of the people Continue reading...
Welfare Independent Agency Term Paper Examples
An independent agency is formed to cater for functions that are not handled by the federal executive departments. In this regard, an independent agency is outside the direct influence of the president. The passing of law by the congress facilitates the creation of independent federal agency and lays down the structure under which the agency it proposes to create will operate. The agency has the ability to draft rules concerning the specific task it covers, which have the support of the constitution.
Collegiate bodies such as a board or commission handle the running of independent agencies. The president with Continue reading...
Free Essay On Politics And The Rule Of Cyrus Cyaxeres And King Of The Assyrians
According to Xenophon in his book The Education of Cyrus, "It is easier, given his nature, for a human being to rule all the other kinds of animals than to rule human beings" (p. 22). This quote sums up perfectly the difficulties of rule; one's followers, unlike animals, have the ability to revolt and to disagree with the way a ruler runs things. How can this go right and go wrong? Xerophon's philosophy of stable political rule is shown through the actions and attitudes of three rules in The Education of Cyrus: Cyrus himself, his foolish uncle Cyaxares, and Continue reading...
Databases Query Optimization Term Paper
Every database administrator needs to uncover new information concerning the data relations and database relations. Rule discovery therefore is the name given to this process. Rule discovery is defined as the search for patterns, regularities and correlations in the target database by utilizing every available information source (Shneiderman, & Goodman, 2006). By the realization of these relations and regularities, application of optimization queries becomes much easier in the process. A clear and a better outcome will be realized as compared to a situation where the knowledge of the rules in question is not known.
In the past, researchers Continue reading...
Good Government And Politics In China Essay Example
Various factors contributed to the creation of communism in China. These factors include:
Confucian culture is a key aspect of the Chinese society as it has played a significant role in the making of a communist culture. In the traditional Chinese society, Confucianism was the governing dogma of the ruling elite. The ideology first came into existence after 200 BCE and remained the country’s orthodox ideal for almost 2000 years. Even though, the introduction of communism resulted in numerous changes in various aspects of the Chinese society, Confucian elements still influence China’s political society.
Ritual Continue reading...
Exclusionary Rule Essay Sample
The topic on exclusionary rule has generated an immense debate, pitting two sides; those supporting its ban and those opposed to its ban. Nevertheless, there are different reasons that justify the need to uphold this rule. Above all, the exclusionary rule should not be abolished because it gives the courts powers to ban the bringing in of evidence obtained illegally. Precisely, this rule limits introduction of incriminating or non-incriminatory evidence acquired using fraudulent methods. Therefore, the existence if the exclusionary rule ensures that ethics are upheld in the courts and the criminal justice system at large. Speaking of fraudulent Continue reading...
Research Paper On The FDA/Ich Clinical Study Report (CSR) Guidance
Under what conditions may it be acceptable to abbreviate a CSR?
An abbreviation of a clinical study report is accepted when; the policy of the authority accepts abbreviation, in cases where some data was lost and where the study involved does not seek to clarify a phenomenon.
Where in the CSR should a sample of the ICF be placed?
At the beginning of the study report.
What information should be included in the “Investigational Plan”?
This part contains information on how the study will be carried out. This information include what population is to be studied and the criteria of choosing a sample is specified. This section also specifies the treatments under study and the way they are given. Diagrams are Continue reading...
Example Of Essay On Rules And Rule Making
The American laws are considered to be one of the most powerful laws when compared to the laws of the other countries. Rules and regulations in this country are amended at a fast pace to avert any possible catastrophe. A rule is always written viewing its effect in the upcoming days where it can be applied generally. The rules are not solely created by the elected congress personnel, but by the administrative agencies who appoint an official. All the amended rules are contributed by the authority from the parliament. I understand that a rule has been accepted wherein the Continue reading...
Refutation Argumentative Essay Example
Sudden death in football is a scenario whereby there is a tie in the final score at fulltime, the teams then go ahead and plays in the overtime where the first team to score first team to score wins the game. This rule has been applied in football for many years. However, in the recent past, the rule has been a subject of debate in the world. This rule has been disputed by many people who have various arguments about the rule. It has sparked a heated debate with the majority of people arguing that it is unfair. The Continue reading...
Good Essay On Platos Political Theory
The passage from the Republic by Plato is prone to different interpretations. To gain full comprehension of the passage the reader is obliged to delve deep into the platonic debate between Socrates and Glaucon. The trajectory of the argument according to Plato, was that democracies are governments ran by fools. The principal argument in the discussion was that democracies elect courses of action without a coherent understanding of the matter they are handling. The overriding argument was that only those who are fully experienced in statecraft should be allowed to rule. ‘Socrates argued that the cobbler and the medical Continue reading...
Example Of British Imperialism In India And German Imperialism In Africa Term Paper
Imperialism is a subject which draws very strong opinions and emotions from historians and it offers a lot of scope for arguments and discussions. Today’s generation view imperialism to be inhumane and an arrogant activity undertaken by a strong nation to exploit the people and resources of a weaker nation. This is mostly true because the conquering European powers did utilize the mining and agricultural potentials of the African and Asian nations, to benefit the economy of their homeland rather than for the welfare of the countries they occupied. But one should not forget Continue reading...
Critical Thinking On Marx Vs Mill
In the framework of the modern merge between philosophy and economic theory, two opposite theories of socio-economic development of human civilization are of specific interest. The first concept theory is Mill’s perception of the liberalism and its further contribution to formation of free market system. The second one is classical Marx’s theory of socialism, which should save humanity from social stratification and anarchy of the free market. In order to understand the correlation between those two concepts and realize what might be wrong about liberty, Mill’s work “On Liberty” will be analyzed from the perspective of Continue reading...
Essay On Judicial Independence And Rule Of Law
The concept of judicial independence is recognized by almost all constitutions of the world and the basic reason behind judicial independence is to keep the judiciary liberated from every kind of influences by executive, legislative or any other force. The Chief Justice of Canada in a recent judgment explained the importance of judicial independence:"Judicial independence is valued, because it serves important societal goals - it is a means to secure those goals. One of these goals is the maintenance of public confidence in the impartiality of the judiciary, which is essential to the effectiveness of the court system. Continue reading...
Research Paper About Double Jeopardy
Double jeopardy also referred to as non bis in idem is a rule that prohibits prosecution of an individual for a second time. The rule dictates that fugitives acquitted or convicted for same offenses should not be put under prosecution for the second time (Gracia, 15). However, it is important to note that different sovereigns hold differing stand points on prosecution of individuals for second time. As an example, United States of America and Jamaica are two countries that prohibit double jeopardy. Particularly, double jeopardy is prohibited by the 5th Amendment of the United States constitution ( Continue reading...
Example Of Financial Ratios & Analysis Report
Gross profit margin =Gross profit/Net sales
The formulae used in the calculations are listed in the appendix. ("Growth, Profitability, and Financial Ratios for Myer Holdings Ltd (MYR) from Morningstar.com," n.d.)
Generally, profitability ratios give someone an idea on how the company is utilizing resources to make the profit.
Myer has a lower gross profit margin compared to David Jones. The gross profit, net profit margins for Myer decline over the two-year period, 2012 and 2013. During the same time, David Jones improves marginally on the margins. This is an indication of changing fortunes in the industry, where one company gains as the other declines.
The two companies have a similar tax environment as tax expense Continue reading...
Example Of Essay On Proposed Rule In USA Federal Register
The proposed rule in USA Federal Register was published on 16th January 2013. The proposed rule seeks to revise the current manufacturing, processing and packing regulations. This rule seeks to introduce more preventive measures in accordance with the Food Safety Modernization Act (FSMA). These new laws were proposed to strengthen the regulations required for registration of food facilities with the Food and Drug Administration (FDA). These measures if taken will help improve food safety plans and the identification of hazards facing these processes and mitigation of the identified hazards. The rule will further ensure only the best and legal Continue reading...
Example Of Term Paper On Utilitarianism And The Golden Rule
Since ancient times, philosophers have been elaborating on the visions and ideas that can help individuals to make decisions in complicated life situations. Ethical philosophy is different from variety of other sciences and branches of philosophy, because it is more normative or prescriptive, rather than aimed at describing and explaining particular phenomena, encountered by individuals (Icheku 21-22). In other words, ethical philosophy is aimed at find out how one is ought to act, while other sciences tend to observe natural and societal phenomena. Making an ethical decision requires usage of one of the ethical decision-making frameworks. Among most famous Continue reading...
Brain Rules: 12 Principles For Surviving And Thriving At Work, Home, And School Literature Review Examples
After reading the book, “Brain Rules by John Medina, I discovered that it connects with my interest in behavioral research. I found myself reading the book repeatedly. The reasons that made the book even more appealing to me is the fact that the more I read the book and sat down to write review about it, I found myself writing on how to apply the information I gathered from the book in my own life as well as assist other people with these information. The author has broken down complex neuroscience into easily understandable rules on how the human Continue reading...
Free Argumentative Essay On Qin Shi Huangdi: Was He A Good Or Bad Ruler
Qin Shi Huangdi: Was he a good or bad ruler?
Out of the several Empires that had led China into its greatness in the 21st century, the Qin Empire (221-206 B.C.E) is regarded as one of its most successful eras as it had paved the way to the construction of a more organized China. Under the leadership of Qin Shi Huangdi, the Chinese had both welcomed change and uniformity as he led the Qin Empire to greatness which is still visible in modern China. However, questions and arguments persist regarding Shi Huangdi’s leadership as he had also ushered the end of the various schools of thought throughout China Continue reading...
Influential Theorists Research Paper Examples
The American democracy stands out as one of the most stable and effective democracies. Since the declaration of Independence by the founding fathers, America has undergone tremendous changes that have seen it through progress. The process has been evolutionary and painful, often buoyed with bloodshed, wars and unending quests for justice. It is this paper’s contention that the democracy of America was influenced by four main theorists whose works continues to determine governance and the system of government. The theorists include Thomas Hobbes, John Locke, Baron Montesquieu and A.V. Dicey. This paper would canvass their theories, how they Continue reading...
How Leopold Was Compelled To Cede Control Of The Congo To The Belgian Government Essay Examples
In the history of Belgium, Leopold was the second king who is best remembered for his role in exploiting the Free State of Congo. He was born in Brussels and in 1865, he rose to the throne after succeeding his father. He went on to rule for 44 years, longer than any other Belgian monarch. During his time, Leopold was the sole owner and the founder of the Congo Free State. He privately undertook this project. Helped by Henry Morton Stanley (explorer), he successfully laid a claim to Congo. In a Berlin Conference held in 1884, European colonial nations Continue reading...
Expert Evidence Case Studies Example
Forensic Evidence 1: Kumho Tire Co. V. Carmichael, 526 U.S. 137 (1999)Facts
Patrick Carmichael was driving his minivan on July 6, 1993 when its right rare tire burst was causing the van to turn over. As a result, one passenger died, and several others sustained injuries. Carmichael, enjoined by the survivors and the deceased’s representatives, instituted an action against the tire manufacturer and distributor. They claimed that the accident was caused by a fault in the tire. The claimant’s case by and large relied on the expert opinion of a tire failure analyst. According to the Continue reading...
Good Example Of Memorandum Essay
Impermissible and Unwanted solicitation of professional employment
Re: Illegal/Unethical Solicitation of Professional Employment Using Third Parties
- Is it legal to personally (or by use a third parties) to “chase ambulances”?
- Is it legal/ethical to pay compensation to parties recommending an attorney’s services to potential clients?
- Are there any circumstances under which Betty’s husband may legally/ethically give out Adam’s business cards within the course of his employment?
- No, any communication transmitted at the scene of an accident, or at, or en route to a treatment or care facility (hospital, emergency or other health care facility) is illegal
Commonality Between Nationalism And Colonialism Essay Examples
Nationalism is a socio-political philosophy whereby the nation’s or state’s welfare as an entity is regarded paramount.It is essentially a collective consciousness or mind state in which people have the belief that their primary loyalty and duty is to the state. In most cases, nationalism glorifies different virtues of the nation as well as implying superiority of the nation. In nationalism, the love for the nation is likely to be overemphasized. Though a recent move that probably started during the French Revolution, nationalism has been instrumental in the formation of the bonds that keep modern states intact. Continue reading...
Research Paper On The University Of Nottingham
The Contestation of Power within Modern Day Belly Dance: A Cultural Politics Approach
The origins and purpose of belly dance have no clear historical background. However, it has a very strong root from the Middle East and has spread into the Western world today. More and more women are getting involved in this dance as they try to embrace their feminine essence. Unfortunately, due to its historical background, belly dance has a negative connotation to it because of the erotic attachment behind its dance movement. Despite the said fact, men and even women would still spend money Continue reading...