while in office. It is irrelevant‚ according to the Ombudsman‚ that Andutan had already resigned prior to the filing of the administrative case since the operative fact that determines its jurisdiction is the commission of an offense while in the public service. The Ombudsman relies on Section VI(1) of Civil Service Commission Memorandum Circular No. 38 for this proposition‚ viz.: Section VI. 1. x x x An officer or employee under administrative investigation may be allowed to resign
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Topics in Criminal Law May 25‚ 2010 Abstract Strict liability crimes require no culpable mental state and present a significant exception to the principle that all crimes require a conjunction of action and mens rea. Strict liability offenses make it a crime simply to do something‚ even if the offender has no intention of violating the law or causing the resulting harm. Strict liability is based philosophically on the presumption that causing harm is in itself blameworthy regardless of the
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lawsuits and litigation from everyone suing everyone else‚ one must ask the question "where does product liability end and consumer responsibility begin?" This question has been further complicated by occurrences that stretch to the most far-reaching ends of this spectrum‚ the spectrum ranging from strict product liability of the company to complete consumer responsibility. On the strict product liability of the company side‚ we have the cigarette industry where the CEOs of the largest cigarette companies
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two principles of criminal liability which have to be relied upon in order to determine the guilt or innocence of the accused person. Therefore the aim of this essay is to discuss the two principles of law for criminal liability with reference to the Penal Code Act‚ Chapter Eighty Seven (87) of the Laws of Zambia and Zambian decided cases. In order to effectively do this‚ the essay will begin by generally talking about the two principles of law for criminal liability which are the “Actus reus”
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A2 law: tort: Vicarious Liability Question 2-Fairness/Unfairness. Vicarious liability arises when one party is responsible for the tort of another. This situation occurs frequently when an employer is held responsible for the torts committed by an employee. An employer can only be held responsible for the torts of an employee‚ not for an independent contractor. There are also some rules that must be satisfied. First it must be proven that the tortfeaser is an employee. The act the tortfeaser
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Civil Liability Civil Liability can be a problem for almost everyone in ever day life. Civil Liability impacts police officer ever day in their lives and at work. It can be defined as a citizen’s responsibility to each other and provided law suits to recover damages for injured caused by failing to carry out these responsibilities. It also very well can impact more than only police officers but anyone put in the situation to deal with the rights of people. Police Officers must always be aware
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Knowing what Nursing Liabilities and Negligence’s are And Preventing them from Occurring Sandy E. Preza HSM-320–10364 Dr. Wojtecki 09/29/2012 To be able to understand and know what a words definition is describing we must know in nursing‚ the nursing standard that follows clinical words. In defining Liability one can say it means to be responsible of one’s action when committing to patient care. Nursing Liability standards puts every nurse to be an advocate of each patient they encounter
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m.Module 3 CAPITAL BUDGETING Meaning of Capital Budgeting :- Capital Budgeting is the process of making Decisions regarding long term investments in Fixed Assets which are not meant for sale. It is long range planning to employ the available capital for the purpose of maximizing the long term profitability of the concern. Definition of Capital Budgeting:- Prof I.M.PANDEY Defines Capital Budgeting as the firms decision to invest its current funds most efficiently in long term activities
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LIABILITIES OF THE DIRECTORS By: Course: Instructor: University‚ City‚ State: Date: LIABILITIES OF THE DIRECTORS A company is usually established by individuals or Directors (officers included) in this case so as to run it in appropriate manner in order to make maximum profits. For this to happen‚ it is for the company (Pandora Diamonds and Gems Pty Ltd in our case) to enter or make contracts with outsiders like Kaplan Bank Ltd and Space Solutions Pty
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Strict Liability “The law presumes that mens rea is always required in criminal offences‚ unless it is clear that Parliament intended an offence to be one of strict liability”. Discuss. (25marks) The general principle of criminal law is that the prosecution must establish the presence of both actus reus and mens rea. As the majority of criminal offences are created by statute‚ Parliament will usually indicate the kind of mens rea required
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