15 February 2013 Significance of not sleeping on duty In todays world‚ specifically the Army world‚ their is a time and place on when to do certain things. Some cases may involve watching children and being attentive to their actions‚ while other duties may entail supervising lower employees and ensuring that a specific task is completed. A perfect eample of the second example would be the Seargeants and their lower enlisted counterparts. The Seargeants core purpose for leading his soldiers
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Ruth Koch v. George Koch FACTS: The parties were married on March 1‚ 1959. Plaintiff had a 15 year old daughter by a previous marriage. It was planned that she would live with them‚ as well as agreed upon that after marriage the defendant’s mother from Hungary would be moved in with them (September 11‚ 1964). Defendant testified that he would not have married plaintiff if his mother could not live with them. Within a very short time after the arrival of the mother-in-law‚ the incompatibility
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Gross Negligence Manslaughter Bateman 1925 A doctor’s negligent treatment of his patient resulted in death. ‘Gross Negligence’ was the basis for criminal liability. The test stated in that case was: Does the conduct of the accused show such a disregard for the life and safety of others as to amount to a crime against the state and conduct deserving punishment? Andrews 1937 It was stated that where there is a charge of gross negligence manslaughter‚ simple lack of care that would constitute
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Case Study: Siemens Bribery Scandal 1. Corruption was deeply embedded in Siemen’s business culture. They rationalized this corruption by stating that it was not illegal to initiate bribes to government officials. This was true‚ however not anymore‚ the law changed in 1999 prohibiting such acts of corruption. 2. If a manager at Siemens would have stood up and took a stand against corruption‚ I think that he/she would have most likely been fired for being insubordinate. The higher executives that
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Running head: ADR CLAUSE FOR LEARNING TEAM CHARTER PAPER ADR Clause for Learning Team Charter Paper Melissa D. Johnson University of Phoenix Business Law – Law 531 Instructor: Shannon Wall August 10‚ 2009 ADR Clause for Learning Team Charter Paper An Alternative Dispute Resolution Clause will be created to identify what disputes are subject to resolution in learning teams. This clause will identify all provisions necessary to enable Alternative Dispute Resolution (ADR).
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REPUBLIC V. VERZOSA GR NO. 173525 TINGA; March 28‚ 2008 (chriscaps) FACTS - Verzosa filed petition for reconstitution of orig TCT‚ alleging that she and Edna Garcia are registered owners of parcel of land. - However‚ the orig was burned when QC Hall was gutted by fire. The Duplicate Certificate was lost as shown by Affidavit of Loss. - Real estate taxes on he prop have been paid. - RTC set the case for hearing. Only rep from OSG appeared. Petitioner-appellee was allowed to present further
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The law places a limit upon the extent to which the defendant is liable for the loss which occurs from his breach of a duty of care to the plaintiff‚ once it is established that the loss sustained by the plaintiff is one recoverable in negligence. The test of remoteness of damage limits this liability by defining certain types of damage or losses as being irrecoverable as a matter of law. The test is carried out to protect the defendant in breach of their obligations from unusual or unexpected claims
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Elliott v C [1983] The case involves the mens rea of recklessness. The defendant was a girl of 14 years old who had low intelligence. She lit a fire in a shed. The magistrates applied the test laid down in R v Caldwell but inferred that in his reference to "an obvious risk" Lord Diplock had meant a risk which was obvious to the particular defendant. They acquitted the defendant because they found that the defendant had given no thought at the time to the possibility of there being a risk that
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Question : (TCO 4) To succeed in an action against the auditor‚ the client must be able to show that: Student Answer: the auditor was fraudulent. the auditor was grossly negligent. there was a written contract. there is a close causal connection between the auditor’s behavior and the damages suffered by the client. Instructor Explanation: Page 121 Points Received: 2 of 2 Comments: 2. Question : (TCO 4) The principal issue to be resolved in cases involving
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PEOPLE V. SANDIGANBAYAN G.R. Nos. 115439-41 July 16‚ 1997 DOCTRINE: To prevent a conniving counsel from revealing the genesis of a crime which was later committed pursuant to a conspiracy‚ because of the objection thereto of his conspiring client‚ would be one of the worst travesties in the rules of evidence and practice in the noble profession of law. EMERGENCY VERSION: Paredes‚ a Provincial Attorney‚ applied for a free patent. It was granted by later on cancelled as it was obtained through fraudulent
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