The District Court denied relief and found that the counsel made judgment errors in failing to further investigate mitigating evidence, but the respondent 's sentence did not result from any prejudice from any of the counsel’s judgment errors. However, the Court of Appeals reversed, ruling that the Sixth Amendment provided criminal defendants with a right to counsel who provides "reasonably effective assistance given the totality of the circumstances." The Court of Appeals outlined the standards for judging whether a defense
The plaintiffs also claimed the hospital failed to require its staff to follow well-recognized and established administrative regulations and hospital procedures. The plaintiff did not object to the omission of vicarious liability. Because the theory of hospital negligence submitted to the jury was subordinate, they must determine whether the record contained evidence from which a jury could conclude that the hospital itself went away from the standard care of practice. The defendant’s remaining arguments were as follows: they claim that two pieces of evidence were containing admissions by Carol Armstrong and that she had consented to the exams, and that the consent was very wrongfully
Higginbotham filed suit against Hampton and Power Ford for negligence and wrongful death, alleging that at the time of the collision, Hampton was acting as an agent of the Appellees. The Appellees moved for summary judgment on the grounds that Hampton was not working within the scope of his employment when he struck the victims with his car. Granting the motion, the court ruled that the Appellees had no control over Hampton as he was not acting to further their business. Appellant timely appealed.
By what level of severity must the action be for the law to feel the need to step in and control the person whom is committing the deed? Gregory: That’s simple; that man stole a couple of clothes from the store, so he is being sent to court. The judges will decide whether or not he is sent to jail. I’d say he will allegedly likely be punished for his actions. S: I see.
Actus reus refers to a guilty act and mens rea means a guilty state of mind. When crimes have been committed, a selection of defenses may be brought into by a defense attorney in order to negate a guilty verdict. In law, it is known that an individual should not be held
Americans in our world today believe that “ minor” laws do not mean anything, but it is the “minor” laws that lead you to be a real criminal or lawbreaker. Frank Trippett argues in his passage, A Red Light for Scofflaws, that scofflaws should be stopped and be shown that a minor law is just as important as a violent crime. The author supports his argument by giving reasoning why people would think minor laws are not a huge deal. The author’s purpose is to show the reader that any laws against littering, speeding, or noise pollution should be serious and not treated by scofflaws. The author creates an objective tone for the people who are interested in any law-and-order.
Plagiarism is a serious issue. Dr. Cheat’s decision to present a presentation that is not his own without giving the original author credit can impact not only his own reputation, but the reputation of the pharmacy director and the hospital pharmacy department as a whole. When Dr. Cheat plagiarizes, it harms his own reputation by showing others that he is not credible nor competent at his job. Plagiarism is like lying.
Yes, sir” (pg.47). On (pg.47) the prosecutor was cross-examining the employer of Guiseppe Smeraldi, and was attempting to smear the reputation of the defendant by yet again brining his past criminal record to the court, which held to relevance to the charges that where brought up in
Sammy, who is only nineteen, quit his job suddenly without any notice. Sammy expressed his disagreement with Lengel’s approach at the situation verbally, rather than biting his tongue. In Updike’s text, Sammy says “‘You didn't have to embarrass them.’” This shows that Sammy was disrespectful to his boss. As well as disrespecting his boss, Sammy did not think about the consequences. Sammy did not take into consideration the consequences
Why There Are a Large Number of Medical Negligence Claims? A medical negligence also named formally the same as medical malpractice is a circumstances where the patient needs medical care but could not obtain it either as a result of the inaccessibility of the physician in the good time, using the wrong medication by the doctor that may contribute to disability or fatality of the patient, the physician may not make a diagnosis of the disease as it should be, the treatment furnished by the doctor has produced unfavorable effects to the patient or the treatment provided by the doctor is sub standard. Reasons that contribute to medical negligence Medical negligence comes into existence if the patient is caused harm by a physician, nurse or hospital by way of out of order