Prima facie

INTRODUCTION: One of the most neglected aspects of criminal justice system is the delay caused in the disposal of cases and detention of the accused whose trial is pending before court of law. These undertrial prisoners are put in prison mainly under non-bailable offences and persons who are unable to furnish sureties in cases of bailable offences. Undertrial prisoners are those persons who are facing trials in the competent courts. They are technically under judicial custody but for all…

In the present action, Ndeumeni’s motion for summary judgment was based on the premise that because the alleged agreement made between Ndeumeni and Kemogne failed to satisfy the statute of frauds, she should be precluded from arguing that there was an agreement under a theory sounding in tort. Initially, we observe that in her original complaint Kemogne did allege that Ndeumeni breached a contract with her. Plainly, a breach of contract claim could not be sustained where it is undisputed that…

define dogmatism and explicate Siegel’s challenge. In the end I hope to highlight a few potential holes that, if expanded, could deflate the challenge of CP. Dogmatism says that if a subject S has a perceptual experience with content P, then S has prima facie justification for believing P. Furthermore, S’s belief in P is immediate and does not depend on any further justified propositions. Cognitive penetration (CP) suggests that beliefs, desires, moods, expectations, etc. can influence the…

Bay view Surgery Center: Pricing/ Billing of Surgical Services (pg. 233 of Cases in Healthcare Finance, 5th edition) The ethical question before us is an interesting one because it is dependent upon a whole host of conditions and variables. What is the specific intent behind the pricing inconsistencies set forth by the hospital? The issue of transparency is very relevant here and should be cause for concern, for whatever the hospital’s intent or purpose for setting a dual pricing policy is, it…

Does Canada comply with the right not to testify against oneself or confess guilt? The Charter of Rights and Freedoms in Canada is a bill of rights that guarantees the rights and freedoms of Canadian citizens from the policies and and actions of all levels of government (the Charters). Section 7, 11, and 13 of the Charter protects guilty as well as innocent individuals when accused of a crime. It allows cizitens to remain silent and not testify against oneself during an interrogation process.…

Ty’onna Key Philosophy Paper Don Marquis claims that abortion is immoral and therefore impermissible in most cases. I will argue that abortion is not immoral and should be permissible in all cases. Marquis says abortion is immoral because you take away the fetus’ right to a future like ours. He believes this is the same as killing an adult human, which is considered immoral. He argues that killing an adult human is wrong and the adult has the same value as a fetus then abortion is also…

Tartuffe is widely considered Moliere’s finest comedic play, written in 1664. It was considered quite scandalous at the time and King Louis XIV censured it (Scott 2000). The play was subtitled ‘The Imposter’, or sometimes ‘The Hypocrite’. So deeply woven into our intellectual culture is the play, or rather its protagonist, that in both French and English ‘Tartuffe’ has officially become a word. The definition in English is ‘a hypocritical pretender to piety’. This essay will examine Moliere’s…

The judgement in Brown has been widely criticised by many academics for its inconsistent approach by the courts to the defence of harm caused. Consent arises from a variety of everyday circumstances that would otherwise give rise to minor batteries, and the question of whether the homosexual acts carried out by the participants in Brown were morally right in the eyes of the court and law, arises. Accordingly, the following essay will explore the issue of consent in law as a defence, and will…

The issue for the Sara Bellum v. Barbara Wisdom dba Green Valley Landscaping, LLC case, is did Barbara Wisdom, as an owner of Green Valley, discriminate against Sara Bellum on the basis of age? Facts Plaintiff Sara Bellum is 55 years old and had worked at Green Valley Landscaping as a receptionist for 10 years before termination. Defendant Barbara Wisdom is the sole owner of Green Valley Landscaping LLC (hereinafter Green Valley). Green Valley employs 25 workers and its business activities…

Overtime the Supreme Court has carved out different categories of speech. The Courts have established some speech to be totally protected by the First Amendment, some speech to not be protected by the First Amendment, and some speech to be subjected to different tests and standards to determine whether or not they are protected by the First Amendment. There is sort of this set hierarchy of different classes of speech from that of which is most protected to that of which is least protected.…