I. Introduction and Standard for Opposition to Summary Judgment Crowell Academy, Inc. and Arturo Gomez, (hereinafter, collectively “Crowell”) were grossly negligent and used willful misconduct in their responsibilities involving the fencing club. The bargaining power of Crowell was so grossly unequal so as to put Lajuana Barnett at the mercy of Crowell’s negligence. Lastly, the exculpatory clause contained in the release form (see release form) is void as against public policy. Consequently
QUESTION PRESENTED Whether an author who creates a children’s fantasy book with familiar charterers known to the genre is liable for copyright infringement under 17 U.S.C. § 101 when the author or common third party had no access the alleged infringed work and when the protectable elements between the works are not substantially similar. STATEMENT OF THE CASE This is a case about an innovative author who wrote a children’s fantasy book. Murry completed the first chapter of Magic Hatching in March
his stay at Standish. The Plaintiff wanted to prove that she unsuccessfully administered medication to Randy Parsons and that a reasonable jury can conclude the fact Pausits was aware of the risks to Parsons. The court has reversed the grant of summary judgment to Nurse Pausits, because this case would rise to the level of deliberate indifference. Plaintiff Parsons revealed that Pausits perceived facts to infer substantial risk to Randy Parsons and drew the inference. She had to state she was aware
Montague v. AMN Healthcare, Inc. The case of Sara Montague et al., Plaintiffs and Appellants, v. AMN Healthcare, INC., Defendant and Respondent, was taken up and decided in the appellate court. The case was first granted a standard review of a summary judgment, which failed, the plaintiff then appealed this motion. After the appeal it then went to court to be heard in a normal trial. Just to be a bit more precise, it was heard and decided as case No. D063385. in the Court of Appeals of California,
world as it is in the afterlife. We are never going to be on our own for he is there to reign over us for all of eternity. "You, then, why do you judge your brother? Or why do you look down on your brother? For we will all stand before God's judgment seat." (Ro 14:10). Paul is saying that we should not look down upon or judge a fellow believer. If what they are doing is truly in worship of the Lord, then who are we to judge them as though they are the ones who are wrong? The choices that he
Truth and the Majority View The majority view occurs in a wide range of judgments from a few friends arguing over a football game to worldwide opinion of global ecology. The purpose of this essay is to explore the formation of a majority view and test the validity of its judgment using the reality principle. The reality principle Wittgenstein's private language argument attacks the idea of the private object. Essentially, his claim is that if I cannot be wrong about 'the colour blue
first edition, the authors have argued for the importance and usefulness of general principles for justifying ethical judgments about policies and cases in medical ethics. The organization of their book reflects this conviction, dividing discussion of particular ethical problems under the rubrics of the key ethical principles which the authors believe should govern our moral judgments: principles of autonomy, nonmaleficence, beneficence and justice. It was always a caricature of their views to label
Billy Budd - Not about Divine Justice and Human Justice Some have misinterpreted Melville's Billy Budd as a story about the distinction between divine justice, on the one hand, and human justice, on the other. Here's a summary of the "incorrect" reading that leads to this conclusion: When John Claggart falsely accuses Billy Budd of inciting mutiny, Captain Vere (whose name suggests "truth") arranges a confrontation between the accuser and the accused. When Claggart shamelessly repeats
Upon beginning my counseling sessions at the student counseling center, I was unsure of what I would experience as a client, unsure of how I would react or what I would disclose during the sessions, and I was nervous about participating in counseling sessions. Before my first session, I found myself reflecting on why I felt so uneasy and nervous about participating in an individual session. Specifically, I remember thinking about how this activity would give me the opportunity to be a client, and
The Principle of Substituted Judgment Traditionally, the physician was expected to use all of their talents and training in an effort to save the life of their patient, no matter the odds. More recently, the physician’s role has been redefined to preserve the autonomy of the patient. Now physicians must give life saving care only in so far and to the degree desirous of the competent patient. Until this century, it was rare that brain-dead patients could be kept alive for long periods of
source and prints it out After going through it with a highlighter, she transforms most of the information she wants into her own words, but leaves a few alone to use as quotes. In writing her article, she uses the information, both the summaries and the quotes. She forg... ... middle of paper ... ...hey have done, but they have not tried to track down something that has been plagiarized before. If they had, they would know that it is just as simple for an authority figure to track
Harper Lee's To Kill a Mockingbird is a young girl, she learns many important lessons about life throughout the novel. These lessons, among others, are that she mustn't take everything she hears to heart as the truth; that she mustn't take face judgments as actual facts and respect for Atticus. One thing that Scout learns is not to believe that everything she hears as the truth. This is a very good lesson because if you did, you become very confused because people can rarely agree on how a
able to make choices is called a strong sense of discretion. In the weaker sense we would consider cases in which not only the rules don’t apply, but the officer makes individualized judgments. In both sense, it’s the problem of loose definition. Some discretion terms may be helpful to analyze. Discretion-as-judgment—discretion is the opposite of routine and habitual obedience. It brings knowledge, skill, and insight to bear in unpredictable ways. Police are not solders who must blindly follow orders
2 stages of moral development these being the Hetronomous and Autonomous stages. He was not so much interested in the judgments made but the reasons for the judgment, differing from Piaget he saw the stages as part of cognitive development. He was interested in how people think rather than what they think. These reasons represent to Kohlberg the structure of judgment, centering around 10 universal moral issues or values. Piaget believed autonomous moral reasoning to occur between ages 10-12
There are two basic types of ethical judgments: deontological judgements that focus on duty and obligation and eudaimonist judgements that focus on human excellence and the nature of the good life. I contend that we must carefully distinguish these two types of judgement and not try to understand one as a special case of the other. Ethical theories may be usefully divided into two main kinds, deontological or eudaimonist, on the basis of whether they take one of the other of these types of judgement
Magazine Article Summaries JOURNAL #1-- INC. THE MAGAZINE FOR GROWING COMPANIES May 1994. Publisher: James J. Spanfeller, 488 Madison Ave., 6th Floor New York, NY 10022 (212) 326-2600 Audience Statement: Inc. speaks directly to the entrepreneur, sole-proprietor, small business partnerships. Advertising: There were several advertisements including investing, retirement, tax accounting, computer companies and small businesses. Summary: Inc., The Magazine for Growing Companies speaks to a specific
by silencing opinions. His first argument is that the suppressed opinion may be true. He writes that since human beings are not infallible, they have no authority to decide an issue for all people, and to keep others from coming up with their own judgments. Mill asserts that the reason why liberty of opinion is so often in danger is that in practice people tend to be confident in their own rightness, and excluding that, in the infallibility of the world they come in contact with. Mill contends that
impressions to make overall judgments about a particular object, subject or a person. However, it is paramount noting that the outward appearance could be misleading and may not necessarily represent what is concealed in the particular object or subject in question. This kind of misjudgment gives rise to the concept of the ‘Halo Effect.’ The ‘halo effect’ is expressed as the aspect of different individuals using universal assessments while trying to arrive at a final judgment regarding a particular set
temperance just in case one’s peculiar appetites for food, sex, and drink are determined by judgments about the contribution to or compatibility with healthfulness.(4) One nice result of this account is that temperance loses any connotations of austerity that it might have had. For a temperate person, on Aristotle’s account, enjoys treats to the extent that they are compatible with health. This quick summary of the Nicomachean and Eudemian treatments of temperance, while showing some of the subtlety
more or less followed the more reasoned logic and experiences of people. Change is not always perfect. However, as people experience more and learn more about their world through formal education, they have more resources by which they can make judgments about the behavior of their fellow humans. Knowledge of the past lends to enlightened minds a knowledge of the future. Common education and experiences inspire the emergence of informal belief systems, clarifying what appears to be acceptable behavior