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Draft Judgment - FindLaw Legal News
Draft Judgment - FindLaw Legal News

... The problems we have faced have gripped the public interest and the case has received intense coverage in the media. Everyone seems to have a view of the proper outcome. I am very well aware of the inevitability that our answer will be applauded by some but that as many will be offended by it. Many ...
Secondary Liability and “Selling Away” in Securities Cases
Secondary Liability and “Selling Away” in Securities Cases

... Flexibility for Entities Providing Medical Services ...
Law and Morality - The Tanner Lectures on Human Values
Law and Morality - The Tanner Lectures on Human Values

... that this would hold true only if everyone enjoyed equal access to the opportunity structures of a market society — and even then only under the premise that there is no preferable alternative to forms of life shaped by monetary and bureaucratic mechanisms. It is true, however, that in contrast to g ...
2013 NSSC 411 - The Courts of Nova Scotia
2013 NSSC 411 - The Courts of Nova Scotia

... pleadings, and evidence is neither required nor admissible to aid in that determination. The requirement that the pleadings disclose a clause of action is “governed by the rule that a pleading should not be struck for failure to disclose a cause of action unless it is ‘plain and obvious’ that no cla ...
Continued
Continued

... that which belongs to other persons; to restore to another any goods of his which we may have; to abide by pacts and to fulfill promises made to other persons; to repay any damage done to another through fault; and to inflict punishment upon men who deserve it. Many of the more detailed and special ...
RTF version  - Federal Court of Australia
RTF version - Federal Court of Australia

... humans. When humanity was comprised of separate, cloistered, agricultural societies17, such groups developed, as a matter of custom and practice, their own societal norms and rules which reflected the specific circumstances and relations of that society, and were intended to apply only to its citize ...
or
or

... private health sector should be regulated to reflect these differences as should those . who provide health care services and goods within this sector. The South African government has in recent years started to give legislative recognition to these same ...
3. Representation- Mental Health and Restrictive Practice matters
3. Representation- Mental Health and Restrictive Practice matters

... view) rejects an adult’s request to litigate a matter simply because in the Guardian’s view it is not in that person’s best interests. QAI solicitors seeking to represent the adult may have to tackle the Adult Guardian’s reluctance to appoint us. Should they go ahead and appear in a tribunal matter ...
Analogical reasoning in the common law
Analogical reasoning in the common law

... Classificatory analogies are those used in the process of characterising the facts of a case for legal purposes. This is often because a particular categorisation would bring the facts under an existing legal rule and settle the result of the case. When the characterisation is unclear, decided cases ...
Athenian Democracy and Legal Change
Athenian Democracy and Legal Change

... would the Athenians, given their attachment to changeable law, choose to restrict themselves in such a stringent fashion, even prescribing death for those proposing modifications? Through systematic analysis of my collection of Athenian decrees and laws on this question, I demonstrate that the Atheni ...
Accepted version  - Queen Mary University of London
Accepted version - Queen Mary University of London

... outside that experience itself’ (Northrop, 1959, p. 87) which Petrażycki calls a normative fact. Such facts can include any sources of authority that the individual recognises. These give content to psychological experiences of law, fixing the sense of right and duty. Law derived from the individual ...
legal ethics is (just) normal ethics
legal ethics is (just) normal ethics

... reprehensible to lie, break promises or cheat on our partners, and so on. On the other hand, law (as with other areas of business life) has its own settled rules, and hence, it can be argued, there is no scope for morally evaluating activities conducted within the scope of business. The boxer who in ...
Judgment - Europeanrights.eu
Judgment - Europeanrights.eu

... “The subject of euthanasia and assisted suicide have been deeply controversial long before the adoption of the Universal Declaration of Human Rights in 1948, which was followed two years later by the European Convention on Human Rights and Freedoms (1950). The arguments and counter arguments have ra ...
Hume: Of the Original Contract David Hume (1711
Hume: Of the Original Contract David Hume (1711

... justify very much: Given that the Deity does not pick out political authorities “by “ any particular or miraculous interposition,” the most that DR can say is that the Deity “holds all things together” – good, liberty-promoting authorities and bad, tyrannical authorities alike. 2. Consent (I): Somet ...
international tribunal for the law of the sea tribunal international du
international tribunal for the law of the sea tribunal international du

... In particular, Nauru considers that, taking into account the lack of clarity on the issue, ...
Medical Futility: Can a Physician Unilaterally Terminate Treatment
Medical Futility: Can a Physician Unilaterally Terminate Treatment

... states have discussed some of the concerns of both individuals and physicians. The following are notable cases which provide some insight into the path that a doctor should take under certain circumstances, and they may be persuasive in any given state. HCA, Inc. v. Miller ex rel. Miller, 36 S.W.3d ...
Sociology and Natural Law
Sociology and Natural Law

... study of public opinion, where it is not mere polling, looks for stable patterns of response and for underlying attitudes and values, without much concern for public opinion as a normative idea. Again, social scientists have been much happier with the word "culture" since they have been able to stri ...
Press Release April 29, 2010
Press Release April 29, 2010

... child from an inadequate or unfair settlement. In this instance, it is noteworthy that the Minister for Health and Children has stonewalled in correspondence, the Irish Thalidomide Association’s request for access to the relevant documentation. Such a refusal has occurred in circumstances where it w ...
Contributor Release Form
Contributor Release Form

My Bio - Carol Ann Wilson
My Bio - Carol Ann Wilson

... writing press releases, brochures and marketing materials, training materials, and plain language editing and assistance with SEC filings; responsible for corporate minutes, drafting legal documents and other work for general counsel, and other writing assignments. Wrote Guide to Research on the Int ...
Law as Rights - TRU SLS Home Page
Law as Rights - TRU SLS Home Page

... Fuller criticizes HLA Hart. He says – what is this psychological purchase/buy in, if not morality? Hart is just trying to avid using the word morality, but is really the same thing he is saying. An “ought” claim is that people follow laws because they think they are good. It would be a good thing, g ...
Diss Text - Journal of Conflictology
Diss Text - Journal of Conflictology

... transformation requires that we ask first what needs to be integrated and what makes the twist from conflict resolution to conflict transformation necessary and meaningful in this field. In this sense, I will address how the different perspectives on law can be organized in relation to the families ...
Wisdom of Customary law The wisdom “strength, honour and
Wisdom of Customary law The wisdom “strength, honour and

... constitutional law by antiquity. That authority, keep in mind, served liberty primarily by being a restraint on power. The problem is with the word legitimate. Time did more than make a rule of law legitimate. It was “time” that converted a rule from a standard of conduct into coercive law. After a ...
Legal Environment Today, 5e
Legal Environment Today, 5e

... • Integrating Compliance Programs. – Ethics programs must be disseminated and coordinated among all departments. THE LEGAL ENVIRONMENT TODAY Miller • Cross 5th Ed. ...
Hosmers method
Hosmers method

... functions, such as when they order a person to do or not do something through an injunction, which is an “equitable” or ethical remedy (Arnheim). Other than that, however, courts of law determine only punishment in criminal cases or money damages that must be paid to resolve a conflict in civil case ...
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Good Samaritan law

Good Samaritan laws offer legal protection to people who give reasonable assistance to those who are, or who they believe to be, injured, ill, in peril, or otherwise incapacitated. The protection is intended to reduce bystanders' hesitation to assist, for fear of being sued or prosecuted for unintentional injury or wrongful death. An example of such a law in common-law areas of Canada: a good Samaritan doctrine is a legal principle that prevents a rescuer who has voluntarily helped a victim in distress from being successfully sued for wrongdoing. Its purpose is to keep people from being reluctant to help a stranger in need for fear of legal repercussions should they make some mistake in treatment. By contrast, a duty to rescue law requires people to offer assistance, and holds those who fail to do so liable.Good Samaritan laws vary from jurisdiction to jurisdiction, as do their interactions with various other legal principles, such as consent, parental rights and the right to refuse treatment. Most such laws do not apply to medical professionals' or career emergency responders' on-the-job conduct, but some extend protection to professional rescuers when they are acting in a volunteer capacity.The principles contained in good Samaritan laws more typically operate in countries in which the foundation of the legal system is English Common Law, such as Australia. In many countries that use civil law as the foundation for their legal systems, the same legal effect is more typically achieved using a principle of duty to rescue.Good Samaritan laws take their name from a parable found in the Bible, attributed to Jesus, commonly referred to as the Parable of the Good Samaritan which is contained in Luke 10:25-37. It recounts the aid given by a traveler from the area known as Samaria to another traveler of a conflicting religious and ethnic background who had been beaten and robbed by bandits.
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