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    The standard of care the court will apply will be the widely accepted standard of competent professional practice in Australia by members of the same profession (CLA (s41(1)). (ii) If the surgeon’s legal counsel calls witnesses who testify truthfully that her techniques were widely but not universally accepted, would that information help to rebut the allegation? Yes, that information would help to rebut the allegation as professional opinion does…

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    day. June Crown and W.D.M. Paton state that "Further, one should realize that different cannabis smokers select different levels of intoxication". In addition, both alcohol and cigarettes have been proven to be chemically addictive and yet they are legal. As of late 1990, there were about twelve people who had permission to smoke marijuana for its medical value. Are these the only people who can benefit from marijuana? Not according to Harvard researchers who surveyed 2,430 oncologists; of the…

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    This scenario involves two parties, David and Theresa, in which Theresa is a potential Defendant. She is to be advised regarding two legal issues: whether she has a potential criminal liability for blackmail by threatening David into giving her the money she believes she is owed, and whether Theresa has a potential criminal liability for theft by taking the letter from David’s home. With regards to the issue of potential criminal liability for blackmail by threatening David when demanding the…

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    released to full duties with no restrictions and therefore, we need to confirm if in fact the applicant did return to work for this employer or any other employer as it relates to this date of injury. Plan of action I have filed all appropriate documents at the Workers’ Compensation Appeals Board at this…

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    Get all the important business documents and licenses from the local, state, or government. By doing this,…

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    Sunshine Flower Shop out of Panama City, Florida is the business that is being proposed. Sunshine Flower Shop provides, delivers and sells plants, flower arrangements and even gifts. Each flower is grown here in my own backyard flower garden where customers can go and hand pick which flower they prefer to be on their arrangements. We provide flowers throughout the year for various occasions, from weddings to birthday parties, any celebrations and funerals. Our mission is to provide on time…

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    disabilities and their family members. Since it was only created around twenty-five years ago, elder law is not exactly a new field, but it’s newfound importance shows how society is shifting. The National Elder Law Foundation or NELF describes elder law as “legal practice of counseling and representing older persons” (nelf.org). Not all clients of elder law attorneys are in their old…

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    Introduction and Statement of Facts The fundamental attribute of corporate personality, from which all other consequences flow if that the corporation is a legal entity distinct from its members. Hence, it is capable of enjoying rights and of being subjects to duties which are not the same as those enjoyed or borne by its members. In other words, it has a “legal personality” and is often described as an artificial person in contrast with a human being, a natural person. However, corporate…

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    Penalties for Rules Violations The commissioner may impose penalties for violation of the insurance laws (these include the unfair claims settlement practices rules). Penalties may be imposed against both insurers and agents. Insurer (Insurance Company) Penalties In addition to license revocation, suspension, or refusal to renew a license, the state insurance commissioner/director/administrator may fine an insurer violation of insurance rules and regulations. Producer Penalties The…

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    Business and Organisation Structures TASK 1 There are different types of businesses. Some of them are Sole Traders, Partnership businesses and Limited companies. Sole Traders are the types of organization which is run by a sole owner. There is one person in charge. The sole trader takes the decision of expanding the business, how to operate and what kind of service to provide. The benefits of sole traders is that the owner gets all the profit and have total control on how to run the business.…

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