Case Study: Statutory Determinations

Legal research is not only about discovering how the law applies, it is also about determining how strong case is. Using legal research we are analyzing strength and weaknesses of client’s case, and using counteranalysis we determine how opponent can use weaknesses against us. In this paper we will establish why counteranalysis is important and why do we use it, when we use it and where we can apply it.

The Enforcement Act of 1871 (Civil Rights Act of 1871) it ties into why the Title 42 U.S.C Section 1983 was preformed, it was also known as the Ku Klux Klan Act. The purpose of the 42 U.S.C Section 1983 was to provide a civil remedy against abuse and cruel punishment they were receiving from the Ku Klux Klan on the southern states. The laws protected all the citizens of the U.S. Regardless of the color of their skin. Deliberate indifference is the prevailing standard for establishing a variety of civil rights claims in the jail or prison context. At first these rights were only implied for for people with medical care, then was required for all people. The Farmer vs. Brennan case was argued from January 12, 1994 until June 6, 1994, about petitioners

Policies have a big importance in the setting and as practitioners we are required to adhere to these as they meet the needs of children and families. Healthy eating policy ensures children are getting all the nutrition their body needs; by having a nutritionally balanced menu children will be encouraged to try new things, this will ensure they are eating healthy at nursery if not at home as they have their five a day fruit and vegetables and plenty of water and milk. (Lewis, 2013)

'[t]he courts no longer approach a statute with scissors in one hand and a dictionary in the other'.

In order to maintain the quality and high customer satisfaction rate in many service provisions, managing complaint is the essential part which makes no exemption in health and social care setting. There are many statutory frameworks, code of practice and guidance regulating the service provision in health and social care setting.

Another major problem the R.R.C. is facing is an issue experienced by many government offices. Job security is basically ensured at the R.R.C. and the process to terminate an employee is extensive and time consuming. All efforts must be taken to first make a reasonable effort to assist the employee in improving their performance. If the employee can't perform the duties of their position, an effort must be made to move them to a position they are capable of performing. If the employee is incompetent for any available position, only then can an employee be terminated. The biggest issue comes when the employer needs to

1) The remedy chosen must attain a degree of cleanup that assures the protection of human health and environment. 2) The hazardous substances that will remain after the cleanup, they must meet the applicable and/or relevant and appropriate requirements under federal and state law (ARARs). 3) The remedy chosen must utilize permanent solutions and alternative treatment technologies or resource recovery technologies to the maximum extent applicable. 4) There must be cost effective response, taking into consideration total long-and short-term costs of the actions. And 5) It must be in accordance with the NCP to a practicable

Issue: No straight forward SOP in place with set ups for the client, URS or Minol to follow. Work arounds not working. Incorrect vendor codes and past due bills coming to Minol that have to be rushed to set up causing trickle down errors. For example, incorrectly coded AP files, extra research, delays in bill payment, late fees, potential shut offs to be averted and emergency payments by URS. Late funding is also an issue that trickles down and causes many problems such as late fees, research, the need to request provider extensions, and the potential for double payments as other players seek to resolve.

7/26/16 – a pre-determination meeting was held with Shane, in the presence of his Union Representative, Tom Brice, to discuss the allegation that he violated the Dept. of Transportation and Public Facilities Employee Conduct Policy and Procedure #02.01.020 when he demonstrated disrespectful behavior towards his supervisor upon receiving a recent letter of suspension dated July 11, 2016.

According to the Administrative Procedures Act (APA), anyone adversely affected or aggrieved, by the actions of an administrative agency, is entitled to judicial review. See 5 U.S.C. § 702 (2012). However, the APA also states that special statutory review is the preferred form of review. Special statutory review applies when Congress has explicitly named where, when, and how an individual may seek review of agency action by a court. Often Congress will provide for special statutory review in order to give the administrative agency the opportunity to correct its actions without involving the courts.

1: The main advantage of the golden rule is that raising mistakes and statutes can be corrected immediately. This is seen in the (R V ALLEN)1872 case where the loopholes where closed the decision was in line with parliament intentions and it gave a more just outcome

Statutory interpretation is process of interpreting statutes by the judges. The definition of statutes have had very specific words but indeed the judges would still need the statutory interpretation to help them. The reason of this, even how, the words in the statutes are specific but sometimes the words contains ambiguity and vagueness in words. On top of that, each word could give us different meaning. For example, we can find in the Oxford Dictionary where a word would contain at least one meaning. Hence, without the statutory interpretation, a lot of judges would have trouble in deciding their judgments in deciding a case. This essay will analyse the four rules, intrinsic aids and extrinsic aids and presumptions in the interpretation

The general rule under Code Section 61(a) states gross income consists of “all income from whatever source derived”. Thus, when plaintiffs win settlements/lawsuits, such amount is taxable. However, Congress has allowed exceptions to this general rule under various circumstances. As in many court cases, it comes down to the facts and circumstance to determine the taxability along with the burden of proof is on the petitioner. These facts and circumstances will determine 1) Whether the taxpayer’s settlement is eligible to be exempt from taxation; 2) The portion of settlement that is exempt from taxation 3) The portion of the settlement that is taxable; 4) The treatment of lawyer fees

The workforce has developed rapidly over the years in relation to policy and statutory frameworks, with an emphasis upon the national curriculum in relation to literacy. The frameworks is influenced by political aspects by theoretical and political aspects. This has been reflected within practice as policy brings change and implications for practitioners and managers. Research has gone a long way to implement the revised national curriculum which was due to the concerns raised due to the fact as a country we are falling behind on the national league tables as we are in position 23 (DfEE, 2013), which is quite disappointing as English is our first language within Britain, and we have made no improvements within the last three years (DfEE, 2013).

The beginning of this conflict goes all way back to 1991, when the American Lung Association (ALA) among with consumer and environmental organizations sued EPA stating that the agency had not revised the ozone or PM standards as required by law even though there was sufficient evidence that the standards needed to be tightened. In fact, EPA has reviewed the standards only twice, in 1979 and 1987, since the initial standards were set during the early 1970s. But EPA has made no change to the standard then. As a consequence, a court ordered EPA to publish a proposed standard for public comment by the end of November 1996. On November 26, 1996, EPA announced its proposal for new air quality standards. In this proposal, EPA recommends that the standard of the ozone emission to be lowered from 0.12 ppm measured over one hour to 0.08 ppm measured over eight hours. As for the PM, the current standard requires the concentration of PM smaller than 10 micron to be lower than 50 micrograms per cubic meter annually and 150 micrograms per cubic meter daily; but the new proposal recommends the concentration of PM smaller than 2.5 micron to be lower than 15 micrograms per cubic meter annually and 50 micrograms per cubic meter daily, and the current standard is maintained for the concentration of PM larger than 2.5