Since there are no current regulations pertaining to the unauthorized practice of law by non attorneys, however Vinny (the lawyer) would have the authority to make sure that Lisa follows rules consistent of ABA model rule 5.3, the responsibilities regarding non-lawyer assistants. In re Estate of Divine, the court ruled that non-lawyers could not be held responsible for the supervising attorney’s actions. However, Lisa stepped over the line and contacted her attorney friend in NY, and had him fax fraudulent biographical information on a Judge who Vinny was posing to be. Had she gotten caught, she would be in direct
List 2 things you would consider before talking with Kelly. • You are unable to release information without the Fathers consent • Depending if this is over the phone or in person and even though she claims to be his daughter as you are unaware of the relationship with the father and daughter you can not assume she has consent unless he is there and able to give consent Question 3 – A patient is on the phone, they are asking you to change their name details. How would you proceed? I would explain that when they are next in they can change their details as we can not change information over the phone and to bring identification with their new name Question 4 – A patient has had some blood tests and would like the results over the phone. Would you give the results to the patient?
Anything more, however, runs the risk of giving legal advice and constitutes the unauthorized practice of law. The close working relationship between lawyers and paralegals creates problems in this area. A client who is aware of the relationship between the paralegal and the lawyer may rely on statements by the paralegal just as if they came from the lawyer (http://www.netplaces.com/paralegal/ethics-and-professional-responsibility/unauthorized-practice-of-law.htm). The client does not differentiate between a paralegal who is offering her own opinion (improper) and a paralegal who is relaying advice from the attorney to the client (proper). To the client, it is all legal advice.
The contract between Jeremy Atwater and Smooth Sales Used Cars is not a lawful contract. Jeremy had not reached the age of majority, there is no consent from a parent or guardian, and minors do not have contractual capacity. According to Cheeseman, “The common law of contracts and many state statues protect persons who lack contractual capacity from having contracts enforced against them” (p. 167, para 2, 2010). Contractual capacity simply means people of incompetent status at the time, such as minors, mental ill or intoxicated individuals. To protect minors from deceitful conduct of adults, the infancy doctrine is a public policy that allows minors the right to carry out or void the contract and the adult party has no choice in the matter
Upon receiving a controlled prescription, the pharmacist will also call other pharmacies to check a patient history and then call the patient’s insurance carrier, if one is available, to check even further. This is a very time consuming process that could be made less extensive if the Medicaid lock-in program was a requirement. The doctors would only have one pharmacy to contact and the pharmacy would only have to check their own records to make sure the patient was due for the medication. The lock-in program would allow the doctors and pharmacists to do their job more effectively and use their time more wisely for patients who need genuine
3. No, Crowley may be not considered an “immediate family member” to Sybil because, by virtue of public policy, Crowley was not Sybil’s legal guardian at the time of her death. Statement of Facts Cora Crowley (“Crowley”) came to our office in order to “get justice” for her
It is a federal law which is known to protect one’s job although it does not pay you (Bennett-Alexander, 2007). It is Cost Club law that you cannot use sick leave to care for your children, it would be discrimination based on family relations. You can’t discriminate for or against. Cost Club will allow you the opportunity to use FMLA or prepare adequate accommodations in taking care of your children. The company does not release employees on the basis of your children being ill, although any job can dismiss an employee for missing too much work.
Therefore, the executive, legislative, and judicial branch will enforce S.397 to protect firearm industries and our legal system from those attempting to hold them accountable for their criminal or unlawful misuse of firearms or ammunition products. Many people that are injured by firearms or use certain types of ammunition will not be able to hold makers or sellers responsible for the user’s accident or act that resulted in an injury or death. Many lawsuits that were brought to court before the PLCAA were majority criminal cases which resulted with dismissals because the courts believed that manufacturers should be held liable for the acts of criminal cases. Some difficulties or loopholes that can possibly prevent the PLCAA from being enforced is if a consumer or victim claims that the firearm product could have prevented an injury or death if it had specific safety regulations such as:
Elements of a Negligent Tort Dezarae Wilder BUS670: Legal Environment Prof. Brandy Kreisler November 5, 2012 Elements of a Negligent Tort A tort is a civil wrong that is cannot be technically defined as a breach of contract. Negligent torts are a specific type of tort that typically results from a failure to use reasonable care that harms another party. These classifications affect the general public every day in ways they don’t even realize. Who is at fault if a light was not properly repaired in the public library?
Judicial Activism: Analytic Essay Josh Walton 100888288 Caryma Sa’ad A09 135-2:25 Betina Kozmorav LAWS 1000A In contemporary society, judge’s rulings are largely based on personal philosophy and opinion. Law cannot be structured around beliefs, views or opinions rather it must perceived and viewed in regards to the tangible elements that are provided. Judicial activism is when judges substitute their own political personal opinions for the applicable law. Many see this as a flawed system due to the complications that emerge involving judicial bias. The term judicial activism has been around for six decades and has become a very popular tool for criticizing judge’s behaviour.