Prosecuting Ralph with Constructive Manslaughter †Law Essay

Prosecuting Ralph with Constructive Manslaughter – Law Essay Free Online Research Papers Prosecuting Ralph with Constructive Manslaughter Law Essay A submitted case concerns mostly omissions, duty to care and causation. According to facts Jo would face a charge of gross-negligence manslaughter; Gilbert could be charged with misconduct; while an indictment against Ralph would be manslaughter based on unlawful act. To establish Jo’s liability Actus Reus would be formed by an omission and Mens Rea by gross-negligence . To establish Gilbert’s misconduct by omission a duty to act and a breach of the duty must be proved. To prosecute Ralph with constructive manslaughter a commission of a dangerous unlawful act must be established . In his case it’s disputable if Actus Reus would be formed by commission or by omission, while Mens Rea is formed by intention. All three causes of action would refer to omissions. In order to prove omission the existence of a duty to act and a breach of that duty must be proved. In Jo’s case according to Mens Rea element of a crime a breach of duty must amount to gross-negligence . Proving legal causation would be a crucial factor to establish liability. Of those elements an existence of a duty to act and legal causation would be most difficult to be established. To convict Gilbert the Prosecution would have the most trouble in establishing a duty to care. In Ralph’s case a distinction made in the Bland case could be applied; it would be crucial if unlawful act was formed by commission (to kill), or by omission (to let die) to perform his duty to care. Focusing on Jo’s liability first, the main question is whether Jo had the duty to care for Claire. According to a similar situation in Pittwood case, contractual responsibility might be applicable. Jo’s line of defense could argue that as a volunteer she might not have had a contractual duty to act. However she could be found guilty on the basis of another principle arising from Pittwood’s case: no contract itself, but rather the fact that a contract is evidence of an assumption responsibility creating an expectation in the mind of others that a person will act and cause the public to rely upon his/her performing these tasks. Furthermore Jo could be found liable of omission on basis of the R v Miller case ratio where the Defendant has created a dangerous situation and does not try to prevent or reduce it, either because he/she has not given any thought to the possibility that there might be any risk or because, having recognize that there was some risk involved, he has decided not to try to prevent or reduce it†. Following this objective test, leaving gates open without any kind of supervisory could be regarded as an act causing a dangerous situation. Thus Jo would be found responsible for breach of duty to care and for omission. However to establish Jo’s liability for manslaughter both factual and legal causation must be proven. This will be considered after Gilbert’s and Ralph’s cases have been analysed. Gilbert could be guilty of omission only if he had the duty to care for Claire. However a lack of general duty to care is one of the principles of English law. According to law on omissions, Gilbert would share responsibility for Claire’s death if only one exemption applied to him. Gilbert does not have a contractual or statutorial duty to act; his conduct did not cause the dangerous situation. Regarding a fact that Gilbert was Claire’s neighbour the only exemption that might apply is presumption of responsibility where there is a special relationship. The little girl could be found guilty of murder in the first degree. She failed to alert the barrier chick that she was trying to eat the oncoming train. Now the train is dead. Research Papers on Prosecuting Ralph with Constructive Manslaughter - Law EssayUnreasonable Searches and SeizuresThe Fifth HorsemanCapital PunishmentArguments for Physician-Assisted Suicide (PAS)19 Century Society: A Deeply Divided EraLifes What IfsComparison: Letter from Birmingham and CritoOpen Architechture a white paperIncorporating Risk and Uncertainty Factor in CapitalMarketing of Lifeboy Soap A Unilever Product

The Logical Fallacy of Stacking the Deck

The Logical Fallacy of Stacking the Deck The term stacking the deck is a  fallacy in which any evidence that supports an opposing argument is simply rejected, omitted, or ignored. Stacking the deck is a technique thats commonly used in propaganda. It is also known as special pleading, ignoring the counterevidence, slanting, or one-sided assessment. Examples and Observations People sometimes make decisions by folding a piece of paper in half, and listing reasons in favor on one side, and reasons against on the other; then they decide intuitively which side has stronger (not necessarily more) reasons. This method forces us to look at both sides of an issue before we decide. In the incorrect form, we just look at half the picture; this is called stacking the deck. (Harry J. Gensler, Introduction to Logic. Routledge, 2002)Gamblers stack the deck in their favor by arranging the cards so that they will win. Writers stack the deck by ignoring any evidence or arguments that dont support their position. I once experienced stacking the deck when I went to buy a used car. The man trying to sell me the car talked only about how wonderful the car was. After I bought the car, another man tried to sell me an extended warranty by pointing out all the things that could break down. (Gary Layne Hatch, Arguing in Communities. Mayfield, 1996) Deck Stacking in Arguments for and Against the Legalization of Drugs [A] recent ABC show on drugs . . . distorted, omitted or manipulated drug reality. What was piously described as an attempt to open discussion on different approaches to the drug problem was simply a long promotion for legalization of drugs. . . .The program dwells with utmost respect on legalization efforts in Britain and the Netherlands. But it omits evidence of failure. It gives no time to British and Dutch experts who say they have been a disaster, or to Zurichs decision to close its infamous needle park, or to the rise in crime and drug addiction in the Netherlands, or the fact that Italy, which decriminalized possession of heroin in 1975, now leads Western Europe in per capita heroin addiction, with 350,000 addicts.The deck is stacked like a monte game. The advocates of some form of legalization include a judge, police chiefs, a mayor. But nothing is said about the great majority of judges, police officers and mayors who are opposed to legalization by any alias. (A.M. Rosentha l, On My Mind; Stacking the Deck. The New York Times, April 14, 1995) When the White House issued a statement last night saying that marijuana should remain illegalresponding to our pro-legalization editorial seriesofficials there weren’t just expressing an opinion. They were following the law. The White House Office of National Drug Control Policy is required by statute to oppose all efforts to legalize any banned drug.It’s one of the most anti-scientific, know-nothing provisions in any federal law, but it remains an active imposition on every White House. The drug czar, as the director of the drug control policy office is informally known, must take such actions as necessary to oppose any attempt to legalize the use of a substance that’s listed on Schedule I of the Controlled Substances Act and has no approved medical use.Marijuana fits that description, as do heroin and LSD. But unlike those far more dangerous drugs, marijuana has medical benefits that are widely known and are now officially recognized in 35 states. The drug cza r, though, isn’t allowed to recognize them, and whenever any member of Congress tries to change that, the White House office is required to stand up and block the effort. It cannot allow any federal study that might demonstrate the rapidly changing medical consensus on marijuana’s benefits and its relative lack of harm compared to alcohol and tobacco.(David Firestone, The Required White House Response on Marijuana. The New York Times, July 29, 2014) Stacking the Deck on Talk Shows Biased talk-show hosts often stack the deck in their discussions of controversial issues by choosing more qualified and dynamic guests to represent the viewpoints they favor. If, by chance, the other guests seem to be overcoming the disadvantage, the host will interrupt and make it a two-on-one debate. An even more outrageous form of stacking the deck is for talk-show hosts and program directors to ignore entirely the side of the issue they disagree with.(Vincent Ryan Ruggiero, Making Your Mind Matter: Strategies for Increasing Practical Intelligence. Rowman Littlefield, 2003)

Strategic Change Management Essay Example | Topics and Well Written Essays - 3000 words

Strategic Change Management - Essay Example In this essay, the significant and application of strategic change in organizations would be considered. One of the examples of the strategic change in the current economic scenario is that of Marks & Spencer. The example of this organization would also be discussed. WHAT ORGANIZATION STRATEGIC CHANGE MEANS AND HOW IT IS SITUATED AS LITERATURE Strategic change is highly important for all the organization in today’s global situation. This section describes what strategic change is and a basic model for change. Strategic Change in Organizations Strategic change in organizations means bringing a change in the internal environment in accordance with a defined strategy that is implemented through synchronization of the organization’s vision, mission, goals and objectives. A strategy is a framework on which the decisions and operations of an organization depend. A strategic change is changing the way an organization operates by changing its strategy. Strategic change is a ver y wide term it may also include radical transitions undergone by organizations that include changing the strategy, structure, culture and processes of the organization. ... Such indicators are named Key Performance Indicators (KPIs) which indicate the difference in the performance of the organization before the implementation of the change and after the implementation of the change. If the difference is in line with the projected results, it can be concluded that the strategic change is being implemented successfully; however if the difference in performance is not as planned, it can be concluded that a modification in the strategy is required. There are a number of factors that can cause pressure for a strategic change in an organization. Such factors can be so significant they can sometimes harm the very survival of an organization. Therefore, in order to survive in the market, an organization needs to bring change in its system as a result of the pressure from such factors. Factors that can create pressure for change may be; change in external environment of an organization that is, change in technology, change in economic scenario, change in social trends or a change in political scenario. There are a number of ways in which a change may happen in an organization. The strategic core of an organization, which normally comprises of the board of directors, may inform the other levels of organizations that the organization is under a crisis and they may suggest a strategy for change. On the other hand, the change may be a gradual process with a number of short term goals. In this manner, the change would happen without raising an alarm throughout the organization. Another manner of bringing a change in the organization may be through a change agent. A change agent may be the leader of an organization or any other person who is inspiring

Legislative Proposal Topic Essay Example | Topics and Well Written Essays - 250 words

Legislative Proposal Topic - Essay Example In addition, containers with a capacity less than 750 milliliters would not contain 4 liters of the beverage. Secondly, the current law prohibits transportation of alcoholic beverages that comes from industries outside Commonwealth according to part B. Such transportation limitation remains limited to less than four liters of beverage of one gallon especially when transit occurs in metric-sized containers (LIS 1 ­Ã‚ ­Ã‚ ­). Based on part A2, alcoholic beverages other than wine and beer, four gallons, provided that not more than one gallon of that shall be in containers holding less than one-fifth of a gallon. If any part of alcoholic beverage in transit remains held in metric sized containers, the four gallons limitation shall be taken as 12 liters, with not more than 6 liters of that should thereof be containers having a capacity less than 750 milliliters. The proposal as mentioned in part B below, aims at increasing transit quantities. As aforementioned, the proposal for the part B of the law seeks to increase the amount of other alcohol such as spirits in transit within the state. For the beverage produced in common wealth, the amount transported at a time should increase limits from three liters to four liters. For alcohol produced outside the Commonwealth, quantity limit should increase to two galloons from current one gallon. The amendment will not change morality of taking alcohol or endanger society culture. Larger quantity purchase guarantees better discounts on the prices of alcohol gives clients. Citizens of Virginia will be able to buy and transport larger alcohol quantities hence will save large amount of money. In addition, liquor stores will make more return to raise livelihood of personnel working in the premises while at the same time remitting higher tax return to the government. The current law seems to be unfair in regulation spirits manufacturing companies’ products. The amendment will also improve social life of those organizing legal

Evaluation of Design and Administration of a Questionnaire Essay

Evaluation of Design and Administration of a Questionnaire - Essay Example Generally, the working party was disappointed by the results and had a different pattern of response from those at school. Why the Working Party Members Were Disappointed With the Results The working party members were disappointed with the results because the results did not reflect the actual objectives of the survey. Indeed, the survey was only able to satisfy the objective of what the town’s youth did in their leisure time but failed in satisfying the other objectives. Because of the survey or else the responses to address the objectives, the group’s quest to find out what would capture the interest of the youths in Littlebury town and reduce their boredom was not satisfied. The different pattern of response from the working respondents that suggested that their interests were very different from their counterparts at school only proved challenging to the working party members who aimed at certain objectives different from the working respondents. ... This is because the survey was supposed to define in clarity the activities held at the leisure centre that were patronised by young people in line with the objectives. The time, resources spent on the survey did not rally with the results which is also another source of dissapointment by the working party members. Indeed, the results did notv address the interests of the working respondents as well as the the interests of the working party members on this Littlebury Leisure Survey. A table showing which objective(s) addressed by respective questions in the questionnaire Question Number Objective (s) Question 1 To find out what the people in Littlebury town did in their spare time To find out the frequency of using the available leisure centres in Littlebury town Question 2 To compare leisure activities and preferences for different age groups To assertain the gender and age group attending available leisure clubs Question 3 To find out the most popular sporting activity for the peop le of Littlebury town Question 4 To find out the out the most popular club or society activity in Littlebury town Question 5 To find out the most popular leisure activity amongst all age groups Question 6 To establish what leisure activities they would like to have in town To establish additional leisure activities that people in Littlebury town have Question 7 To establish their potential interest in some of the ideas proposed by the working party Question 8 To establish what leisure activities different people would like to have in town Question 9 To compare leisure activities and preferences of different age groups Question 10 To establish the contact of the respondent Additional Questions That

Law question Essay Example for Free

Law question Essay Ali had an antique motorbike which he decided to sell. He parked the motorbike on his front lawn with a sign For sale- RM20,000. Ah Chong, who saw the sign, said to Ali that he would be prepared to buy the motorbike for RM15,000. Ali replied that the price is too low and suggested RM18,000. Ah Chong responded by asking if Ali would be prepared to accept payment of the RM18,000 in three monthly instalments of RM6,000 each. Ali replied that he would not. Ali then added, Anyway I am no longer interested in selling the motorbike to you. At that precise moment Ali spoke these words, a helicopter flew low overhead and drowned out his words. Ali did not bother to repeat what he had just said and was leaving when Ah Chong quickly agreed to the RM18,000 suggested earlier by Ali. Discuss whether there is a contract between Ali and Ah Chong. Explain whether your answer would be different if the helicopter flying overhead had not drowned out Alis words and Ah Chong heard what was said? Assignment Answer In this assignment, I would like to discuss the question above part by part. First of all, from the sentence , He parked the motorbike on his front lawn with a sign For sale- RM20,000, it is said that there was an invitation to trade. Invitation to treat or simply speaking information to bargain means a person inviting others to make an offer in order to create a binding contract. An example of invitation to treat is found in window shop displays and product advertisement. . In another words it is a special expression showing a person’s willingness to negotiate. The issue of invitation to treat was discussed in the case of Fisher v Bell[1961] 1 QB 394 by the English Court of Appeal : â€Å"It is perfectly clear that according to the ordinary law of contract the display of an article with a price on it in a shop window is merely an invitation to treat. It is in no sense an offer for sale the acceptance of which constitutes a contract. †[1]. An offer can be seen from the prescribed text, Ah Chong, who saw the sign, said to Ali that he would be prepared to buy the motorbike for RM15,000. It is stated in Section 2(a) Contracts Act 1950, when one person signifies to another his willingness to do or abstain from doing anything, with a view to obtaining the assent of that other to the act or abstinence, he is said to make a proposal. and Section 2(b) Contracts Act 1950,when the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted :a proposal, when accepted, becomes a promise. . Both laws were applied when Ah Chong has shown his willingness to make an offer as he would be PREPARED to buy the motorbike for RM15,000. However, a counter offer was made by Ali when instead of accepting or rejecting Ah Chongs offer, Ali made another offer: Ali replied that the price is too low and suggested RM18,000. Ali’s offer refers to a counter offer. In this situation unless an acceptance is rendered, there is no binding contract between A and B. This situation is stated in Section 6(c) Contracts Act 1950- by the failure of the acceptor to fulfill a condition precedent to acceptance. There was famous case known as [2]Hyde v. Wrench, [1840] EWHC Ch J90 where Wrench (D) offered to sell his estate to Hyde for 1200 pounds and Hyde (P) declined. Wrench then made a final offer to sell the farm for 1000 pounds. Hyde in turn offered to purchase the property for 950 pounds and Wrench replied that he would consider the offer and give an answer within approximately two weeks. Wrench ultimately rejected the offer and the plaintiff immediately replied that he accepted Wrench’s earlier offer to sell the real estate for 1000 pounds. Wrench refused and Hyde sued for breach of contract and sought specific performance, contending that Wench’s offer had not been withdrawn prior to acceptance. The question or issue here is if one party makes an offer and the offeree makes a counteroffer, does the original offer remain open? Answer is No because a counteroffer negates the original offer. By making a counteroffer, the plaintiff rejected the original offer and he was not entitled to revive it. So in another words, the parties did not form a binding contract. Then we proceed to the next part where Ah Chong made a mere enquiry to Ali by asking if Ali would be prepared to accept payment of thr RM18,000 in three monthly instalments of RM6,000 each. Then, Ali replied that he would not. On top of that, Ali added that he is no longer interested in selling the motorbike to Ah Chong. Section 5(1) Contract Acts 1950 A proposal may be revoked at any time before the communication of its acceptance is complete as against the proposer, but not afterwards. This particular case [3][3]ROUTLEDGE V GRANT (1828) 4 BING 653 is another example of revocation of an offer : Grant wrote to Routledge offering to purchase the lease of his house. The offer was to remain open for six weeks. Grant then changed his mind about purchasing the lease and, within the six weeks, withdrew his offer. After Routledge had received Grant’s letter withdrawing the offer, he wrote back to Grant, within the six weeks, accepting Grant’s offer. The issue before the court was whether Grant could withdraw his offer within the six week period or whether he was bound contractually given that Routledge had accepted the offer within the timescale. The court held the offer could be withdrawn within the six week period without incurring any liability – if one party has six weeks to accept an offer, the other has six weeks to put an end to it. One party cannot be bound without the other. The case and scenario above convey an useful reminder that until such time as an offer is accepted, the offeror is free to revoke it, even if they have given the recipient a period of time to consider it. When Ali spoke : I am no longer interested in selling the motorbike to you. a helicopter flew and drowned his words. And yet, Ali did not bother to repeat what he just said and was leaving when Ah Chong quickly agreed to the RM18,000 suggested earlier by Ali. In this particular moment, Ali rejected Ah Chongs offer but according to Section 6(a) Contracts Act 1950- by the communication of notice of revocation by the proposer to the other party. It states that revocation os not effective until it is received, communicated. In fact, Ali himself reluctant to repeat what he said which is very important and vital in that situation. Here is one similar case, [4]Byrne v Van Tienhoven (1880) LR 5 CPD 344. In this case, Van Tienhoven offered to sell goods to Byrne by letter dated 1 October. On 8 October, prior to acceptance, Van Tienhoven posted a letter revoking the offer. This letter was received by Byrne on 20 October. In the meantime, on 11 October Byrne received the letter and dispatched an acceptance. Was there a contract? To be effective revocation must be communicated. Where post is used for acceptance, acceptance occurs when and where sent. However, this rule does not apply in relation to revocation of offers thus, if post is used for revocation, communication is only effective if and when it is received by the offeree. As this occurred after acceptance there was a contract formed in this case. An offer was containing a price escalation clause. A counter offer was then made without this clause; it contained a detachable receipt which the company sent back with a notation that they assumed it was on their terms. Thus, the intended message was failed to be received by Ah Chong, the offer has not been revocated. There is a contract between Ali and Ah Chong in this scenario. Section 6(a) Contracts Act 1950 obviously stated revocation must be actually communicated to the offeree before the offer can be treated as effectively revoked. Besides, Section 4(1) Contracts Act 1950- The communication of a proposal is complete when it comes to the knowledge of the person to whom it is made. Importance of conveying message has been shown when either offering or revocating an offer. On the other hand, if the helicopter flying overhead had not drowned out Alis words and Ah Chong heard what was said, outcomes definitely would be different. As was mentioned earlier, if the intended message was communicated or received by Ah Chong, revocation of the offer will succeed. In conclusion, communication is very crucial when conducting contracts or offerings as the outcomes and consequences can differ easily.

The Future Of The Internet :: essays research papers

It's on television, in magazines, newspapers, and in our schools. Everywhere you go you hear about the Internet. Dubbed "The Information Superhighway," one might think that this network of millions of computers around the globe is as fast and as captivating as television, but with more and more users logging on everyday and staying on longer and longer, this "Information Superhighway" could be perhaps more correctly referred to as a clogged Los-Angeles expressway at lunch hour.Users are often frustrated at busy signals and slow speeds. The corporate giant, America Online, Inc, has recently been the target of several lawsuits over this because when it changed it's pricing plan, so many new users came on, and so many people started staying on longer, that it's system couldn't handle the strain and would run very slow and give busy signals to almost everyone that tried to log on. As a result people started staying online because they were afraid that if they logged off, they would never get back on. This forced America Online to upgrade enormous amounts of equipment, lease new telephone lines, and issue commercials apologizing for the whole predicament. They even started giving refunds to users who were never able to get on during the troubled ordeal.Some people are predicting, because of the length of Internet calls and the amount of bandwidth the calls take, that one day in the not so distant future, the entire telephone network, or at least a great portion of it, will cease to function, and all telephone calls will fail to connect. This idea is referred to by some as the "Gridlock Theory." Others advise that steps can be taken to avoid such a disaster, such as upgrading phone lines and limiting Internet usage.Following the gridlock idea is Ethernet creator Bob Metcalfe, who believes that the slowdowns will only get worse. "We recently had an outage... (that) denied 400,00 people access to the Internet, in its entirety, for thirteen hours. I expect even worse ca ses to develop this year." (Hunter, the Internet.)It is estimated that twenty-five to thirty million users currently are on the Internet. According to a recent study by Pacific Bell, and average Internet call lasts five times as longer as the average regular telephone call. 10 percent of the Internet calls last 6 hours or longer. This can cause switches to overload and, in turn, cause telephone calls to fail.