Legal burden of proof

Citing the case of Donoghue v. Stevenson, an important case which sets the legal basis for negligence, the manufacturer of the ginger beer, Stevenson was held responsible for the injury inflicted on to Donoghue due to his negligent in preparation of his ginger beers. The facts of this case is that Donoghue whom has drank a bottle…

origin (EEOC Website, 2016). Title VII of the Civil Rights Act of 1964 made it illegal to discriminate against an employee or potential employee and enforced the legal theory of disparate treatment. Disparate treatment exists when an employee…

Robert Nozick: One of the preeminent modern libertarian is Robert Nozick. His most famous writing is Anarchy, State, and Utopia in 1974 which holds a negative conception of liberty, or the freedom from interference by other people. Negative liberty is the absence of any external limits to what you desire. The state has no right to interfere with economic or social actions of citizens unless it is protecting property rights, stopping aggression against persons or righting past injustices.…

in the article was supposed to be a health care proxy for two different family members at different times, but she didn’t have the required paperwork to show that she was in charge of decision making. Nobody seemed to care and didn’t even ask for proof before giving her private information about the patients, and allowing her to make decisions regarding her sister’s end of life issues. Anyone who hadn’t met her simply asked if she was a family member. This was clearly a hipaa violation. The…

reduced by educating smokers and pushing safer options such as e-cigarettes or smokeless tobacco, the war against tobacco is not justified because of the “protect the children” defense, and that punishing smokers because of their bad habits is not legal nor should it be right. A few of these points seem to be stable & respectable ones, but too many of them tend to lend themselves to blaming another party. Another issue with the article is that is lends itself to a slight undertone of preference…

country and it has since been known as the country of second chances. The thought of the American Dream is what convinced so many people in centuries past to immigrate to America. This same reason is why today in America there are a large number of legal and illegal immigrants hoping to achieve this same dream. Over the years, the number of illegal immigrants has drastically increased. States with high concentrations…

intermediate standard from this point forward. This hereby sets the precedent of what legal standard all sex-discrimination cases will be held to, including Army Lieutenant Lisa Leslie’s case. This paper strives to analyze four cases that directly support the case of Lt. Leslie or the U.S Army while demonstrating the varied use of intermediate scrutiny. This paper concludes that if tried with the current legal standard of intermediate scrutiny (with the assumption that intermediate scrutiny is…

1. How do the potential consequences differ in civil v. criminal cases? Civil cases are disputes between two businesses or two individuals regarding the legal duties and responsibilities they owe one another and the accountability for the damage he or her causes to the other. Civil cases generally only result in monetary damages for the person or business caused the problem. Criminal cases on the other hand, are a situation where a person or a business, commit an act that is against the law.…

the government’s argument that the jury instruction constituted plain error. For Petitioner, if the error was so egregious, the government should have objected at trial. Indeed, in other contexts, appellate courts applied the plain error doctrine to legal questions that were contested at the underlying trial, not in situations where there was no objection, and therefore no dispute, between the parties. In support of this argument, Petitioner analogized to the Court’s precedent in the Double…

“The State Medical Board has considered him guilty from the beginning…” These words, spoken by Doctor Craig Johnson’s wife, Eugenia in the Journal, local newspaper of Middletown Ohio, are heart breaking. From a time prior to my birth to my move to South Carolina four years ago, Craig and Eugenia Johnson have been trusted family friends. That trust continues to be held by my family and me, but certain people in Middletown feel differently. On January 2, 2012, a 23-year old female patient,…