Guidelines Of The Precedents, Regulations, And Laws

1. A pregnant woman lacked standing to sue over a law’s potential unconstitutionally since the law applied to medical practice (and not patients) (Dawn Stacey M.Ed, n.d.)

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 workplace is a delicate environment filled with different personalities types. These differing needs of feeling safe and comfortable create many challenges in the workplace. The creation of the Human Resource Department has helped create a safety net for all employees to fall under and create a stable environment for employees to feel safe and secure. Regulations such as Equal Employment Opportunity Commission and the Department of Labor have in some ways removed the common sense and compassion in the workplace and replaced it with litigation. The effect of these regulations have balanced the workplace and created a more

With respects to prevention it is imperative to the legal materials than it is to looking at solving complications after the fact for one’s that are existing. Preventive measures (PM) are a better alternative than trying to fix complications. When establishments do not take the Equal Employment Opportunity (EEO) laws seriously, and they do not have any preventive measures to stop things that can lead to legal actions they will always have a problematic and a less than efficient establishment.

I selected the article “Duty to Warn and Protect: Not in Texas” for review, as it applies to the state in which I reside. The article cites Texas Health and Safety Codes, based on a 1999 Texas Supreme Court ruling that states counselors do not have a duty to warn or protect. Having a duty to warn and protect is defined as protecting clients or others from perceived harm (Jackson-Cherry & Erford, 2014). An example would be that a client tells their counselor in a confidential session that he is considering stabbing his ex-girlfriend. The duty to warn would mean the counselor should notify authorities and the ex-girlfriend thus breaking confidentiality. The duty to protect would be to admit client to a facility for the client to be assessed for a propensity for violence towards the ex-girlfriend. This became important after a 1969 incident where a counselor, had a client expressed harm towards a girl and the counselor contacted the authorities, yet never contacted the girl, who was subsequently killed by the client a few months later, known as the Tarasoff v. Regents of the University of California case (Jackson-Cherry & Erford, 2014).

The doctrine of judicial precedent form part of the Malaysia system. The legal is one of the general characteristics of the English legal system. Judicial precedent is a decision of a higher court that will be binding on a lower court in hierarchy.The doctrine of judicial precedent is also called stare decisis.The judges will follow the decision or judgement of the previous cases if the facts and law are similar. For example,Federal Court’s decision is binding on Court of Appeal.This means “like cases are treated a like”. Precedent may consist of ratio decidendi,obiter dicta and res judicata.Ratio decidendi means the reason for the decision.lt can be explained as the legitimate reasoning upon which the judgement in a specific case and the judges may use it in the future cases if the facts of the case is similar.Sir Rupert Cross defines the ratio decidendi as “ any rule expressly or impliedly treated by the judge as a necessary step in searching his conclusion. “ Obiter dicta means “things said by the way,” in Latin phrase. Obiter dicta are anything else said about the law such as remarks,further observations and opinions on other matters made by the judge.Although obiter dicta have no binding powers,it still can influence the decision of the judges.Res judicata is the final structure of the court

Additional Damages– The Courts felt that the employer owes an obligation of good faith and fair dealing in the way in which it dismisses an employee. They did not condone terminating employees in a callous and insensitive way and showing no regard for well-being when terminating an employee. The plaintiff Mr. Beatty stated that his termination was carried out in a dishonest, unfair and insensitive way even though the termination was “without cause”. He was called to Mr. Lebeter’s office and informed of his dismissal and given his letter of termination. He stated this

I think any areas in which force is used requires written rules and regulations. Also any other areas which have a direct effect on the community (such as filling reports etc.) requires written rules and regulations. This is important because protecting the community and insuring their rights are not violated is

The lawsuit is question was in regards to three different complains. Alexander stated that how he was terminated breached the employment contract with Young, the termination went against some retirement benefits implied by the employment contract with Young, and was considered age discrimination under Mass. Gen. L. ch. 151B, sec. 1.

As the Attorney General Regulations (known as PERJA) 036/A/JA/09/2011 mentioned that the general crime division have tasks to prosecute the crimes which regulated in the KUHP specifically on the crimes against the people and property, the crimes against state security and public order, and the general crimes which regulated outside the KUHP including criminal acts or misdemeanours regulated by local governments (PERDA). While PERJA 017/A/JA/ 07/2014 stipulates that the division of special crimes dealing with corruption cases, tax crimes, economic crime (customs and excise), human rights violations and money laundering cases which derived from the case handled by the special crime division.

Jane Doe’s sexual orientation and use of in vitro fertilization, while relative to the circumstances of this case, do not overshadow the real claim to this case. By firing a pregnant women due to her pregnancy the school is committing Pregnancy Discrimination, a form of illegal sexual discrimination. Nolo (2015) states, "Pregnancy discrimination is a form of illegal sex discrimination. It occurs when an employer treats an applicant or employee differently based on her pregnancy, childbirth, or related conditions. (Treating female employees differently based on their reproductive capacity)" (para. 3).

The past three years have been spent diving into patents, strategizing with attorneys, debating over terminology, and writing declarations that express the technical meaning behind the patent. As of late, I’ve prepared over 15 expert declarations in opposition to 35 U.S.C. §101 Motions to Dismiss. This in particular has taught me the importance of patent specifications

When I think about Mothers Work and the firing of one of their pregnant employees, Papageorge, what I find most alarming is that some members of Mothers Work management felt that she could not do her job efficiently because she was pregnant. I find this disheartening considering the founder of the company started the company while she was pregnant and marketed the company to working class, pregnant women. Another fact that I deem important would be that another member of the management team, be it lower, refused to fire Papageorge stating that it was against the law to do so. The same manager informed her that there were ways around the law and to fire her anyways. When

Chapter 8 Scenario 3. The employer that does not seriously consider an applicant because she is pregnant could be bypassing the best qualified candidate for the position. Certainly, there is optimism that times have changed sophisticated thinking in which pregnancy is no longer considered an illness. Albeit, pregnancy discrimination still exists as is demonstrated in Scenario 3. According to (Bennett-Alexander & Hartman, 2015, p. 381) “pregnant employees should be treated the same as any other employee who is temporarily unable to perform job requirements”. Indeed, the latter is making reference to only those job duties that the pregnant employee is unable to accomplish. Furthermore, the job tasks that the employee is able to achieve during the different pregnancy trimesters can be adjusted per her doctor’s instructions and what she is safely capable of doing. Moreover, the same treatment can be bestowed upon her as another employee with a back injury, broken leg, or carpal tunnel unless the pregnant employee brings a significant concern to management’s attention. Generally speaking, the best rule of thumb is to be understanding and error on the side of caution rather than make regrettable errors

One issue to can be traced to Lidaret,[ ] is the idea of disclosure in a patent design specification and this is as a result of the law of insufficiency; the concern of the patentee’s is to make available in a contractual sense a quid pro quo for patent monopoly to the public at large.[ ] This universal theory model of insufficiency later advanced and recognised by the United kingdom and further shaped its Statutory Law.[ ] which raises appositely as a ground for revocation the law of insufficiency.[ ] The prerequisite of this is that any claim of invention shall establish an enabling disclosure in a patent specification[ ]