doctrine of sovereign immunity

 doctrine of sovereign immunity

PAPER#1(KJ):

It was not until recent years that state and local governments. Could be sued due to the doctrine of sovereign immunity. The doctrine of sovereign immunity stated that a governing body of its representatives could not be sued. Because it made the laws in the first place (Schmalleger and Smykla, 2020). Even while confined in prison, inmates still have civil rights. Federal and state prisoners can file lawsuits with the federal courts stating that their civil rights have been violated by correction officials (Schmalleger and Smykla, 2020).

However, not all cases brought to court by inmates are a violation against their rights and at the end of the Prisoners’ Rights Era. Courts had become less sympathetic to prisoners’ claims, as many were frivolous lawsuits (Schmalleger and Smykla, 2020). In order to protect correctional officers changes were made at the state and federal level which have slowed the number of case prisoners have brought against officers (Schmalleger and Smykla, 2020).

The Civil Rights of Institutionalized Persons Act was changed in 1980 which forces a prisoner to use all means necessary at the state level before a writ of habeas corpus can be filed at the state level (Schmalleger and Smykla, 2020). It can be challenging to sue government officials for allege misconduct and one hurdle that must overcome in order to do so is the qualified immunity doctrine that shields the government official from lawsuits unless the defendant’s conduct violated a right constitutional, or the right was clearly established at the time the misconduct took place (Lass, 2018).

REFERENCES:

Lass, Z. (2018). Lowe V. Raemisch: Lowering the Bar of the Qualified Immunity Defense. Denver Law Review, 96(1), 177-201.

PAPER#2(PR):

Classmates,

 doctrine of sovereign immunity

Sovereign immunity is an English law based on a common law principle that the King could not do any wrongdoing. And this law applies to state and federal governments (“Sovereign Immunity,” n. d.). Therefore, sovereign immunity says that the federal and state government cannot be sued without their permission (“Sovereign Immunity,” n. d.). The reasoning behind this law was that if the individuals who made these laws should not be compelled by it (Schmalleger and Smykla, 2020). The federal and state governments can waive their right to sovereign immunity through the Federal Tort Claims Act. Which put aside federal immunity for certain wrong claims (“Sovereign Immunity,” n. d.). The Westfall Act says that a feral worker cannot be prosecuted while employed. Some states have complicated laws that have prohibited immunity through governmental action.

common law claims

common law claims

QUESTION ONE

Khaled is a retired motor mechanic who has a passion for collecting antique jewellery and precious stones. Khaled has a very basic English language skills and he also has a medical condition called myopia, which requires him to wear glasses every day. On 1 August Khaled saw an advertisement:

“Rare Siberian diamonds for sale. $5,000 for one carat. Interested? Call Julia on 123 456 or email julia123456@diamonds.com”.

Khaled tried to call Julia but she did not answer her phone, so instead Khaled emailed Julia on 1 August offering to buy diamonds worth $50,000. Two days later, still no email from Julia, so Khaled decided to call Julia again offering to buy $50,000 worth of diamonds. Finally, on 3 August Khaled managed to meet Julia and buy diamonds. Julia also introduced herself as a professional jewellery trader and expert and owner of a small business called “Diamonds are Forever”. Khaled and Julia became good friends. Julia knew that Khaled did not have good English language skills and she promised to help Khaled in case he needed help.

Two months later on 3 October Khaled saw another advertisement from Julia

“One rare antique diamond brooch from Queen Victoria’s time for $10,000 or the nearest offer. Interested? Call Julia on 123 456 or email julia123456@diamonds.com”.

Khaled was excited about buying this rare diamond brooch and promptly called Julia offering to buy it.

common law claims

On 4 October on his way to meet Julia, Khaled realised that he left his glasses at home, but due to time constraints, he decided not to go back. When Khaled met Julia he was hesitant to buy the brooch because he did not have his glasses on, but Julia was very adamant and sounded reassuring and trustworthy. Julia said to Khaled “I guarantee that this brooch will make your collection richer and you will always be able to sell it for a double price because it is such a rare item.” Moreover, she told Khaled that the brooch belonged to her grandmother, who supposedly inherited it from her distant relative from Queen Victoria’s time. Khaled did not understand what Julia was saying and asked her to repeat it again. Julia also told him that the brooch had an antique seal dated back in 1860.

Khaled was still a little bit hesitant, and Julia knew that Khaled could not see properly without glasses and could not understand English well so she kept on telling Khaled that he was getting a really good deal and so on.

After one hour of deliberation Khaled bought the item and he came home to proudly inspect his new purchase. However, when he looked closely at the brooch through a magnifying glass, he discovered that this item was made from zirconium, not diamonds and the date sealed was 1960, not 1860. Khaled called Julia immediately and now he wants to return the brooch and get his money back. Julia refuses to cooperate.

REQUIRED

Advise Khaled of any common law claims he can successfully make against Julia, citing relevant Australian law.

(15 marks)

common law claims

ANSWER GUIDE

Julia’s first advertisement is an invitation to treat, there is also subsequently offer and acceptance. But, formation of contract is not an issue here, so there is no need to analyse this. Julia’s second advertisement – offer and acceptance are again not at issue.

Are Julia’s statements terms or not? Oscar Chess v Williams – consider the factors. If a term, what type of term has been breached: condition, warranty or intermediate term? Associated Newspapers v Bancks, Bettini v Gye, Hong Kong Fir Shipping. Better student mentions consequences of type of term breached, and measure of remedies (Hadley v Baxendale)

Misrepresentation : The elements of misrepresentation should be discussed: (1) – Julia is making a false statement of fact about the subject matter – the brooch (2), and it is addressed to Khaled (3); moreover Julia is reassuring Khaled that the brooch is a genuine item etc; there is an inducement (4) –Khaled is hesitant to buy the brooch and Khaled would not have bought the brooch if the false statement was not made – he is unlikely to be interested in buying a fake item for $10,000. Students should discuss the types of misrepresentation that may apply on the facts. Fraudulent: Derry v Peek – rescission and damages. Negligent Misrepresentation: Shaddock v Parramatta City CouncilEsso Petroleum v Mardon – rescission and damages. Innocent misrepresentation does not look likely, but if it were to succeed, Khaled may terminate the contract: Whittington v Seale-Hayne. Better students compare and contrast options.

Criminal Justice Program

100% Original Work

Zero Plagiarism

Graduate Level Writing Required.

DUE: Saturday, April ,17 2021 by 5pm Eastern Standard

BACKGROUND:  You will be working on the Criminal Justice Program Proposal throughout this course. This is a cumulative assignment, this is a follow up on the previous assignment. 

This Project will be based on the following subject: 

                     Information Sharing (SEE ATTACHED CASE STUDY) <—–Very Important

Resource: “Seven Stage Model for Planned Change.”

Research possible programmatic solutions by benchmarking best practices. Your program goals and objectives must be based on industry best practices.

Write a 1,250- to 1,400-word proposal for a program that solves the problem identified in the case study you selected in Week One. Address the following:

  • Identify two or three goals of your program.
  • Describe outcome objectives for each goal.
  • Determine the resources needed to implement the program.
  • Identify how you plan to elicit stakeholder participation.

Format your analysis consistent with APA guidelines.

PLEASE NOTE: There needs to be at least three different peer reviewed literature references

Wikipedia, dictionaries, and encyclopedias are not peer reviewed literature references.

Controlling Inmates Demands

You are a correctional manager at State Correctional Center.  Tyler Johnson, an inmate at State Correctional Center. Wants to control where he is housed.

Every time he is placed in a housing unit he doesn’t like. Johnson alleges that he’s going to commit suicide.  This actions forces correctional staff to follow policy and place Johnson back in a close supervision unit. Where he will remain on constant watch.

While Johnson is housed in this unit. He informs mental health staff members that he had no plans to commit suicide and was only attempting to control where he was housed.  Staff in the mental health unit then inform you in administration of the facility. That Johnson is merely ‘playing the system;’ but abiding by policy, Johnson is moved again to another housing unit.

Custody staff informs you that a trend has been started. And that if they continue to entertain this inmate’s apparent whims, other inmates may also begin to follow in his footsteps.  The question custody staff has started asking facility administration is what should they do to prevent a number of inmates from claiming they will kill themselves in order to control where they are housed?

Answer the following question fully and completely (one to two paragraphs) in this written assignment:

What should you, as a correctional supervisor, tell your staff to do in this sort of situation?

Adapting Internal Policies And Practices

 Adapting Internal Policies And Practices

Competency Discussion

Discussion Topic

 

Task: Reply to this topic

For your Competency Discussion, consider the importance of transparency, accountability, and compliance training in a healthcare facility. Where you work or one with which you are familiar. Then think about how healthcare administrators fulfill this important training need within their organizations. Finally, if available to you, interview a leader (at the director or vice president, managerial, or supervisory level) in a healthcare facility to get his or her insight on the purpose and importance of transparency, accountability, and compliance training. Be sure to download the interview guide as an aid to working on this discussion.

To begin this Competency and meet your required engagement. Lost in the Discussion area a brief description of how healthcare administrators at a facility with which you are familiar fulfill the training needs related to transparency, accountability, and compliance. Then explain the purpose and importance of these training issues.

If the option of conducting an interview was available to you, describe role of the healthcare administrator you selected for the interview. Then, explain any insights you gained from the interview and whether your opinion about the importance of transparency, accountability, and compliance has changed based on what you learned in the interview.

2. Module 1 Pre-Assessment Submission

Assessment Submission

 Adapting Internal Policies And Practices

Task: Submit to complete this assessment

Note: Although this formative pre-assessment is not graded, a submission is required before you can advance to your summative assessment.

The Module Pre-Assessment is your opportunity to practice applying module content before submitting the final Competency Assessment. In the Final Assessment. You will be asked to develop a report that describes the key elements of the Medicare Hospital Readmissions Reduction Program (HRRP) established in the Affordable Care Act.And identifies factors from a statistical report on unplanned readmission rates that contribute to the risk of failing to meet the HRRP criteria. You will also be asked to describe three programs or activities based on SMART goals you create that would help increase reimbursement under HRRP by reducing readmission rates.

For this Module Pre-Assessment, create an outline that reflects the key elements of HRRP and the factors at Brooklyn Presbyterian Hospital based on the statistical report of unplanned readmission rates that contribute to the risk of failing to meet the HRRP criteria. Your outline should also include the five SMART goals you created to help Brooklyn Presbyterian Hospital earn the maximum reimbursement by following the HRRP criteria and the three programs or activities you would recommend to help the hospital increase reimbursement under HRRP by reducing readmission rates.

Note that you do not have to resubmit your Pre-Assessment to address feedback.

3. Module 3 Pre-Assessment Submission

Assessment Submission

 Adapting Internal Policies And Practices

Task: Submit to complete this assessment

Note: Although this formative pre-assessment is not graded, a submission is required before you can advance to your summative assessment.

The Module Pre-Assessment is your opportunity to practice applying module content before submitting the final Competency Assessment. In the Final Assessment. You will be asked to develop an action plan in a slide presentation that maximizes reimbursements and adapts to change.

To prepare for your Final Assessment, consider what strategies you might use in your action plan to maximize reimbursement under HRRP. Reflect on what behavior changes you could recommend for providers. And patients to achieve maximum reimbursement. Finally, think about what resources you can secure to put your plan into action.

For this Module Pre-Assessment, create an outline of your slide presentation. Suggestions for your outline include the headings for each slide. The strategies you might use to maximize reimbursement under HRRP. The behavior changes you recommend for providers and patients to achieve maximum reimbursement and what resources you can secure to put your plan into action. You do not need to complete slide presentation for this pre-assessment. Only an initial outline is required.

Cybersecurity

Cybersecurity

The Health Information Technology (HIT) for Economic and Clinical Health (HITECH) Act of 2009 increased electronic medical record (EMR) and electronic health records (EHR) adoption across the country, making cybersecurity a growing concern for health care organizations. There are regular news reports on healthcare facilities that have been breached.

Analyze the report: Hackers target health data; 82% of hospital tech experts reported ‘significant security incident’ in last year.

Provide a personal action plan to protect against security lapses on your watch.

Include the following aspects in the assignment:

1  Summarize the seriousness of the data breaches

2  Include your definition of ” bad security hygiene”

3  Describe how you will ” create a culture of security awareness

4 Develop a personal action plan which you will follow to assure technology security

oral communication skills

Introductory Speech Outline

Overview

Strong oral communication skills will be valuable to you throughout your academic journey. They are in high demand by many employers. Creating an outline is critical to your success in crafting an effective speech.

For this assignment, you will create an outline. The speech based on your outline is due next week.

Instructions

  1. Select either Topic A or Topic B for your introductory speech.
    • Topic A: Elevator Pitch. Deliver an elevator pitch that describes your professional background and experience for a potential employer during a job interview.
    • Topic B: Dream Career. Discuss your dream career.
  2. Create an outline or speaking notes in Microsoft Word.
    • Download the Sample Outline [DOCX], which provides guidance for the structure of an outline.
    • Focus your speech on 2–3 main points so you’ll stay within the 2-minute time limit.
  3. Submit the completed outline in a Microsoft Word document.

Requirements

Your assignment will be graded according to the following criteria:

The outline

  • is complete and on topic.
  •  provides solid flow for the speech.
  •  is clear and free from spelling and grammar issues.

This course requires the use of Strayer Writing Standards. For assistance and information, please refer to the Strayer Writing Standards link in the left-hand menu of your course. Check with your professor for any additional instructions.

The specific course learning outcome associated with this assignment is:

  • Outline a speech using a structured flow and proper spelling and grammar.

Week 2 Assignment Overview:

local implications of the group policy change

 local implications of the group policy change

Introduction (discussing the global, national, state and local implications of the group policy change and explaining how and why the group selected to focus on this particular policy change. At the end of this section the group should set forth the Group’s policy change in brief)

Must Contain and discuss a single specific and detailed change to an existing law.

APA Style in-text citations using “external authoritative sources” are required

At least one source citation substantively used in each paragraph.

Proper English is required throughout the entire paper.

Must be TWO pages.

LAW to discuss:

EMTALA – Emergency Medical Treatment and Active Labor Act

“Hard to imagine a world without the Emergency Medical Treatment and Active Labor Act (EMTALA), which went into effect in 1986. This law guarantees emergency health care by requiring healthcare providers to deliver medical services regardless of the patient’s ability to pay. The law requires caregivers to stabilize the patient and provide treatment until a point that the patient remains stable, such as with injury or during child birth. If the care provider is unable or unwilling to provide such service, the provider must transfer the patient to a capable facility.”

Emergency Medical Treatment and Active Labor Act

If this law were to be changed, we as a group think that instead of transferring a patient to a different facility where care providers are willing to provide a service, all providers must be willing to provide service even though a patient may not be able to pay. As medical care providers, healthcare for all should be the most important aspect of healthcare so the policy change should be to provider medical service regardless of the ability to pay when all the financial dealings can be done at a later time.

I think that the law policy should be changed so that hospitals should give 100% care to anyone who has life threatening conditions and not just to stabilize a patient to be transported. She said that To require private for profit hospitals to keep patients who walk into their emergency room past stabilizing them will cut into their obligation to their shareholders. The change would only require a hospital to give care past stabilization only if it is 100% required.

I have added the book as well for help.

Links to help: 

https://www.mdlinx.com/article/10-medical-laws-all-doctors-sho

https://www.acep.org/life-as-a-physician/ethics–legal/emtala/emtala-fact-sheet/

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1305897/

https://journalofethics.ama-assn.org/article/emtala-bad/2010-06

https://pubmed.ncbi.nlm.nih.gov/29116661/

Formation of Sales and Lease Contracts

Formation of Sales and Lease Contracts

Business Law

Tenth Edition

Chapter 18

Formation of Sales and Lease Contracts

Copyright © 2019, 2016, 2013 Pearson Education, Inc. All Rights Reserved.

Copyright © 2019, 2016, 2013 Pearson Education, Inc. All Rights Reserved.

Learning Objectives (1 of 2)

18.1 Describe the Uniform Commercial Code (UCC).

18.2 Define sales contracts governed by Article 2 of the UCC.

18.3 Define lease contracts governed by Article 2A of the UCC.

18.4 Describe the formation of sales and lease contracts and define the firm offer rule.

18.5 Describe acceptance and define the UCC’s additional terms rule and written confirmation rule.

Copyright © 2019, 2016, 2013 Pearson Education, Inc. All Rights Reserved.

Learning Objectives (2 of 2)

18.6 Describe the UCC Statute of Frauds for sales and lease contracts.

18.7 Describe how Revised Article 2 (Sales) and Article 2A (Leases) permit electronic contracting.

Copyright © 2019, 2016, 2013 Pearson Education, Inc. All Rights Reserved.

Introduction

Article 2 (sales) and Article 2A (leases) of the UCC govern personal property sales and leases

Intended to provide clear, easy-to-apply rules that place the risk of loss of the goods on the party most able either to bear the risk or insure against it

Copyright © 2019, 2016, 2013 Pearson Education, Inc. All Rights Reserved.

Uniform Commercial Code (UCC)

Model act that includes comprehensive laws that cover most aspects of commercial transactions

All the states have enacted all or part of the UCC as statutes

Copyright © 2019, 2016, 2013 Pearson Education, Inc. All Rights Reserved.

Article 2 (Sales) (1 of 3)

Governs the sale of goods

Sale: Passing of title from a seller to a buyer for a price

Goods: Tangible things that are movable at the time of their identification to a contract

Money and intangible items are not tangible goods

Real estate is not a tangible good

Copyright © 2019, 2016, 2013 Pearson Education, Inc. All Rights Reserved.

Article 2 (Sales) (2 of 3)

Goods versus services

Contracts for the provision of services are not covered by Article 2

Mixed sale: Involves the provision of a service and a good in the same transaction

Article 2 applies to mixed sales only if the goods are predominantly part of the transaction

Copyright © 2019, 2016, 2013 Pearson Education, Inc. All Rights Reserved.

Exhibit 18.1: Sales Transaction

Copyright © 2019, 2016, 2013 Pearson Education, Inc. All Rights Reserved.

Case 18.1: Good or Service5

What Is Negligence In Tort?

What Is Negligence In Tort?

Negligence in simple terms means carelessness. In simple legal term it is the failure to take standard care that a reasonable man would do. In that situation i.e it is the failure to take as much reasonable care. Which if otherwise not taken will lead to injury. The definition of negligence was clearly stated in the case of Blyth vs Birmingham Waterworks co.(1856). Which is as follows:-“Negligence is the omission to do anything which a reasonable and prudent man would do or doing something which a reasonable and prudent man would not do.

In order to prove negligence, plaintiff has to prove below mentioned essentials against the defendant:-

1.)DUTY TO TAKE CARE:-Under this essential, it is necessary that the defendant owed a legal duty of care towards the plaintiff, this can be explained by referring to a well renound judgement of Grant vs Australian Knitting Mills Ltd 1935 AC 85,in this case the plaintiff purchased underwear from the defendant and incurred rashes due to the use of those underwear because it has excess of sulphate chemicals I it, the court stated that the defendant is liable to the plaintiff as he owed a legal duty of care towards the plaintiff.

What Is Negligence In Tort?

2.)DUTY MUST BE TOWARDS PLAINTIFF:-This essential states that the duty must be towards the plaintiff, this can be explained in detail by referring to the case of Bourhill vs Young 1943 AC 92, in which a lady suffered heart attack just be seeing the blood of the motorcyclist who met with an accident, in this the court held that the defendant had no duty of care towards the plaintiff as it was not foreseeable and hence held the defendant not liable.

3.)BREACH OF DUTY OF CARE:-The defendant must breach his duty of care towards the plaintif, this can be explained by referring to the case of Municipal Corp.of Delhi vs Subhagwati, in this case some people died due to falling of the clock tower which was maintained my municipal corporation. The tower was 80 years old however its life was 45 years only. Hence the court held that the corporation breached its duty of care towards the plaintiff and hence liable.

4.)CONSEQUENT DAMAGE:-The plaintiff should suffer damage due to the negligence of the defendant. i.e any physical, mental, economic damage.