When it comes to large sums of money, it is not uncommon for the spender to feel they have been ripped off or become over protected. The practice of law is no exception to this phenomenon, and crocked lawyers and paralegals have negatively contributed to the notion. On several occasions law professionals have taken client money for personal use, acting against the law and rules of professional conduct. Although lawyers and paralegals have their own individual rules and guidelines to abide by, they follow the same professional structure of proper conduct. The rules of conduct for paralegals is governed by the Law Society of Upper Canada and is the governing body responsible for reports of misconduct. Further investigations will lay out the proper procedures and tasks that must be completed when a paralegal encounters an accusations of misconduct, specifically when a client accuses a paralegal of misappropriating money from the clients trust fund. When it comes to possible options it is important to remember that by proactively sending a report of the circumstance to the Law Society of Upper Canada with a detailed list of events, bookkeeping and accounts billed to the client will help your case prior to the client reporting you to the Law Society. Should a paralegal choose to ignore the threat of the client, in hopes that the client will not follow through with higher involvement, the paralegal will then face an audit by the Law Society. If the Law Society is apprised that the
“The Verdict” is a movie that deals with medical and legal ethics. Frank Gavin is an alcoholic who hasn’t won any of his cases in the past three years. Mickey, his former partner, gives him a medical malpractice case that is sure to settle for a large amount of money. The case of Deborah Ann Kay, a mother who was given anesthetic when she had just eaten inhaled her vomit and is now in a coma. The Donaheys, her sister and brother in law are hoping for a good settlement and Frank assures them that they have a strong case. While the case is going on he meets Laura, a woman at a bar who he falls in love with. Frank goes to visit Deborah Ann Kay in the hospital and is affected by her condition. He meets with the defendants who run the
In the modern world, competition is the bond that holds society together. Every person can relate to it whether that competition is within a sport, video game, or a court hearing. The Canadian legal structure operates on the adversarial system. Neil Brooks defines an adversarial system as one in “which the parties and not the judge have the primary responsibility for defining the issues in dispute and for carrying the dispute forward through the system” (Brooks, The judge and the Adversary system.p.341-353). Within the adversarial system the judge has less of a role. He’s passive due to his lack of participation in the fact-finding. Its opposing system is the
In this paper I am going to identify some the legal and ethical issues in My Sister’s Keeper. Some of those issues include emancipation of a minor, genetic engineering, and limited termination of parental rights. I will be giving my opinion on these matters also.
According to Citizens United v. Federal Election Commission, which of the following is not a reason to allow corporations the right to spend money and advertise for political candidates?
Northbrook shows the codes of practice as they welcome everyone to college despite the students abilities, background and characteristics – including the adult’s age, sex, sexual orientation, religious persuasion, racial origin, ethnic group, and cultural and linguisiotic heritage.
Legal formalism has been largely criticised by the likes of legal realists and critical legal studies scholars, amid others who believed that the reactions of the judge to the facts and to the life around them needed to be attended to, for its belief in the capacity of legal rules to determine the results of legal arguments without having recourse to the judge’s political beliefs or sense of fairness. This criticism can be found to be viable or not by analysing what legal formalism as an approach to legal practice and judicial decisions is, whether the criticisms, created by legal realists and critical legal studies students, of legal formalism are justified and whether judicial decisions and legal education are still influenced by legal formalism today in South Africa.
The dispute over the letter of the law versus the spirit of the law is one that has likely generated exegetic debate for centuries. Although it would be tempting to reduce the conflict of literalist interpretation and radicalization as a split between Jewish and Christian tradition, a deeper reading into the foundation of this dispute yields a more comprehensive analysis of the argument. In the three synoptic gospels, and in the book of John, Christ teaches that laws were not put in place solely to instill fear of punishment, but for the benefit of its practitioners. It is in the Sabbath’s reinterpretation, through Christ’s liberal compassion, that the Old Testament transition of letter to spirit is fully evolved, and that the son of man operates to fulfill the spirits of his disciples, not condemn them.
The judicial Power is entitled to all citizens Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.”The jurisdiction of the federal courts was further
Being the rookie agent and knowing that I have to respect the hierarchy in regards to my superiors, I would not be placed in a position to contradict a procedure performed by the sergeant and my fellow colleagues. However, I would be totally offended and on edge for their behaviors. Not only because the suspect is an African-American, it will be because the offender is in a surrendering state. I would only observe and not interfere with the development of the arrest.
Dracca is able to seek recover from Silva Gray individually on the judgment for BB partnership because the partnership has not been incorporated. In a general partnership each individual can be sued for the full amount of the business debt. The partners cannot have personal interest within the partnership (Bagley & Savage, 2009 p. 729). If one partner incurs all of the debt, they can then sue the other partners for their parts of the debt. Within a Limited Liability Partnership these three items would differ from the general partnership.
When President Bush signed the No Child Left Behind Act in 2002, he promised that his education reform would bring hope to children. The law calls for more testing in third to eighth grade each year in reading and math (Bacon, 2003). Students will be tested to make sure that the schools are adequately teaching them the information they should know.
Lee Chambers, the Defendant was driving 10 km over the speed limit while making pizza deliveries using the company van. To avoid hitting a dog, he had incidentally skidded sideways on a patch of ice and crashed into another vehicle. Alice White, the plaintiff who was not wearing a seatbelt at the time had suffered numerous injuries. The Plaintiff had sued Lee Chambers and Vinnie’s Pizza Ltd. for general and special damages along with cost of car repairs, and loss of income.
Since the beginning of time, human beings have sought to attain the good life and true happiness. The study of ethics is concerned with discovering exactly what the good life consists of and how humans can attain it. Morality and ethics are defined to be the character traits and attitudes a person develops over time that allow a person to live a good and fulfilled life. In his book, Christian Ethics: The End of the Law, David S. Cunningham describes the way in which our character is shaped by the habits that we form as we participate in the practices and narratives of the communities in which we are a part. The character that we develop directly leads us to our understanding of morality and ethics. As Aristotle states in his ethical theory, ethics is concerned with the cultivation of the virtues, or excellences of character, in one’s life in order to become a better, more ethical person. Becoming a person of good character allows a person to make good ethical decisions automatically, without needing to give it much thought. While all ethical frameworks are formed using this process, Christian ethics are distinct from other forms of ethics in the way that they are concerned with the forming of Christian virtues through the practices and narratives of the Christian tradition in order to shape the character of the individual in all aspects of their lives. Christians seek to live out the Christian moral life in everything that they do because this way of life leads to the
Utilitarianism ethics accentuates that the activity that should be ethically beneficial to the group. In further terms, the outcome of any moral activity ought to be valuable for all by mass offer. This is a universal fundamental theme for ethics in industrialist economies and business as well as in all governments.
I think we have quite enough laws concerning ethics. Where we have a problem is in their enforcement, and in the motivation to behave unethically. Personally, I think it is a simple reality that crime pays, and it pays big. Taking the profit out of unethical behavior is where we need to concentrate our efforts, and we should be including the companies where the unethical people work in the equation. After all, if they will have to pay, they will be more likely to police their own people. In addition, we need to educate people from a much earlier age on the social benefits of ethical behavior. Finally, we need to publicize ethical behavior, making it more profitable.