2. What are the differences between the two? Basically, Judicial Activism means that judges use their own political and personal thoughts to influence/help rule on a legal matter. Judicial Restraint means that judges do not use their own political and personal thoughts to influence/help rule on a legal matter. 3.
Understand how duty of care contributes to safe practice Know how to address dilemmas that may arise between an individuals rights and the duty of care Know how to recognise and handle comments and complaints Know how to recognise and handle incidents errors and Duty of Care is defined simply as a legal obligation to Always act in the best interest of individuals and others Not act or fail to act in a way that results in harm Act within your competence and not take on anything you do not believe you can safely do. As a care worker you owe a duty of care to the people you support your colleagues your employer yourself and the public interest. Everyone has a duty of care – it is not something that you can opt out of.
Unit 207 Task A Ai) Person centered values means treating the clients as individuals making sure that they are being treated with dignity and respect, making sure that they have there privacy, and that they have their independence, we need to make sure to give clients a choice of different things and that they have a right to choose them, we also need to recognise that working with professionals is partnership not a relationship. Aii) It is important for care workers because we want to treat our clients as individuals and they way you want to be treated. The main reason why it is important is because it is a law requirement, they come from different acts such as, Human Rights Act 1998, Health and Social Care Act 2008 and the Codes of Practice. Care Quality Commission got the essentials standards from the Health and Social Care Act. If the person centered value are all being followed correctly then the clients should feel happy and content.
However they do have the ability to make suggestions to possibly amend the law through highlighting flaws. The judiciary cannot make judgments past the jurisdiction of the law even in interests of natural justice. A strong example of this was the Belmarsh Case, where judges believed the system of holding foreigners against the will under the anti-terrorism act contradicted with human rights. This law was subsequently changed. This could pose some doubt as to the judges power, as although they can not officially change laws, they clearly have the power to suggest changes with ease, and some could argue that despite Lord Neuberger’s claims, they do indeed undermine parliamentary sovereignty through their suggestion of changes.
Home Depot is involved in a number of legal proceedings, and while they cannot predict the outcomes of such proceedings and other contingencies with certainty, some of these outcomes may adversely affect our operations or increase our costs. The legal proceedings include government inquiries and investigations, consumer and employment, tort and other litigation. Home Depot cannot predict the outcomes of these proceedings and other contingencies, including environmental remediation and other proceedings commenced by government authorities. The outcome of some of these proceedings and other contingencies could require us to take or refrain from taking actions that would adversely affect our operations or could require us to pay substantial amounts of money. Defending against these lawsuits and proceedings may involve significant expense and diversion of management’s attention and resources from other matters.
In NYS, the use of technology to obtain information that may be protected by the attorney-client privilege, would violate the letter and spirit of these Disciplinary Rules. 2. Must the recipient notify sender if metadata is found? “An attorney who receives a communication and is privy to its contents must take reasonable steps to prevent any further disclosure” (www.americanbar.com) NO The Committee held that "in light of the strong public policy in favor of preserving confidentiality as the foundation of the lawyer-client relationship, use of technology to surreptitiously obtain information that may
The defense attorney has the role to prove the defendant as being not guilty. The defense attorney role is to protect the defendant’s rights, show that the prosecutor did not provide sufficient evidence to find the defendant guilty, show if necessary where evidence provided by the prosecutor did not violate the defendant’s rights, and advocate for his or her clients best interest. The prosecutor and the defense attorney’s ethical obligation differ in many ways. According to Kittmer (1995-2015), the differences of the attorneys’ ethical obligations are as follow: “Client's Welfare * Defense attorneys are ethically bound to their clients. They must defend them to the best of their ability and look out for what is best for them… Prosecuting attorneys' clients are usually the people of a specific city or country.
Describe the potential tension between maintaining an individual’s confidentiality and disclosing concerns There are some situations when confidentiality needs to be breached to report information to a higher authority. The disclosure of private and personal information should only take place when: ▶ withholding the information is likely to threaten the safety and wellbeing of others ▶ a crime has been, or is likely to be committed. It is my responsibility to check the policy and procedure at my place of work about disclosure of confidential information, in order to be clear about how to act and who to contact should the need arise. Speak to a senior person within or outside of my work setting who is able to act on the information appropriately. It is a mistake to think this is only a matter for senior
206 Task B Handout It is a legal requirement to follow agreed ways of working. Policies and procedures or "agreed ways of working" set out how we your employer require you to work. They incorporate various pieces of legislation as well as best practice. They are there to benefit and protect you, the individuals you support and us your employer. They enable you to provide a good quality service working within the legal framework and most importantly aim to keep you and the individuals you support, safe from danger or harm.
By giving inaccurate information or telephone numbers, this could distress a client more by having to ring round again to get the correct information. The purpose of confidentiality and security when dealing with callers is to abide by the DATA PROTECTION ACT. Callers want all their personal details kept private and secure, this allows callers to allow you to be trusted with their personal details. Information that is given out which can affect a client’s confidentiality or security can be a threat. Types of information which can affect this can be personal details e.g.