Jurisdictional Issues within the Criminal Justice System...

Within the United States’ Criminal Justice System, problems pertaining to jurisdiction issues are quite common due several reasons. The United States v. Thomas J. L Smiley case and the United States v. Jared Lee Loughner case both had jurisdiction issues. Smiley and several other men obtained permission through a license from Mexico to search for treasure on an expedition; the treasure belonged to the steamer Golden Gate, which belonged to the Pacific Mail Steamship Company located within the United States. Ultimately, federal charges were brought upon him from the United States for violating a statue regarding plundering a sunken and/or abandoned ship. In contrast, Loughner had federal charges brought upon him by the United States due to†¦show more content†¦This presents a huge problem for attorneys and legal team of Loughner, as they must ensure he receive a fair and unbiased trial which is one of his fundamental rights as an American citizen. Without receiving an unbiased judge, the fifth amendment of the Bill of Rights within the United States Constitution would be violated. The Fifth Amendment states the following: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. 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Australian Competition and Consumer Commission Method

Question: Discuss about the Australian Competition and Consumer Commission Method. Answer: Introduction Fortescue Metals Group Ltd through its Chief executive officer Forest made public announcements to the Australia securities exchange and the media and in doing so they made representation targeted at the investors and other potential investors (Forrest v ASIC, 2011). The information contained in the representations was regarding the details in the documents that had been signed by the Fortescue Metals Group Ltd. Fortescue Metals Group Ltd had the legal rights to conduct mining process of iron ore in Western Australia. To utilize the iron ore that was being mined the company decided that it will built a railway that will transport the iron to Port Hedland where they intended to construct a port. To construct the railway Fortescue Metals Group Ltd (FMG) entered into agreement with three entities from China. Forrest, the chief financial officer of Fortescue Metals Group Ltd sent a letter to the Australia stock exchanging indicating the details of the agreement they made with China Railway Engineering Corporation (CREC) which is one of the three Chinese companies to build the railway to transport the iron ore to Port Hedland (Australian Securities and Investments Commission v Fortescue Metals Group Ltd, 2011). FMG made another representation to the media that the agreement that was made between it and CREC was binding and that it was on a fixed price and CREC accepted all the risks that will follow. It is imperative to note the representation made did not reveal the complete details of the agreement. Furthermore, Forrest asserted that the information concerning the price was confidential and could not be could not be revealed although he admitted that it was competitive. In undertaking its obligation to investigate the announcement made by companies to the Australia securities exchange and ensure that they are not misleading the Australian Securities and Investments Commission , invoked s 1041H of the Corporations Act by alleging that the information released by FMG amounted to misleading and deceptive conduct contrary to the act (Corporations Act 2001). Sec 181 of the Corporations Act also provides for the duties of the director which ASIC alleged that Mr. Forest had breached. Rule/ Breach of Duty Under section 180(1) of the corporation act the director has the duty to ensure that the care and due diligence that is expected of a reasonable person in his position (ASIC v MacDonald, 2009). These duties may also breached by the company officer who is regarded as any person who takes part in the decision making process of the company that in the end affects the entire business. In Lagunas Nitrate Co v Lagunas Syndicate (1899) it was held that a director or company officer must act for the benefit of the company and that which is reasonable within his power after exercising his knowledge. The corporations act provides that a person which includes a director within the jurisdiction of Australia may not engage in any misleading and deceptive conduct that may affect any financial product or service (Corporations Act 2001 s1041H (1)). The idea inherent in aforementioned provisions is to protect potential investors and current investors and not consumers (Corones, 2015). The Australian Securities Investments Commission Act 2001 (Cth) on the other hand, provides that no person is allowed to engage in trade or commerce with relation to a financial service or product which is misleading or deceptive or is likely to be deceiving or misleading (Australian Securities Investments Commission Act, s 12DA). This legal sanction extends to the directors of a company and their company officers. It is worth noting that the representations must mislead or deceive, or be likely to deceive or mislead member of the public who part of the target audience (Taco Bell of Australia Inc. v Taco Bell Pty Ltd, 1982). However, the reasonable members of the targeted audience must not make assumption that are fanciful and defeat logic (AstraZeneca v GSK, 2006). It has been held that if the perpetrator of the misleading and deceptive conduct had the intention to deceive and mislead, the courts should ignore the fact that the representation may have never actually deceived reasonable members of the target audience (Australian Competi-tion and Consumer Commission v Singtel Optus Pty Ltd, 2010). It has been held that if the representations have sufficiently been evidenced to be true they can not be regarded to be misleading or deceptive. Submissions The submission by the various parties in this tried to show whether there was a breach of any of the director duties under the corporations act especially whether Forrest exercised care and due diligence that is expected of a reasonable person in his position by making the announcements concerning the company. During the trail of the case the Australian Securities Investments Commission (ASIC) argued that the Fortescue Metals Group Ltd (FMG) contravened s 1041H of the Corporations Act through their conduct that was misleading and deceptive and thus they breached the legal and equitable duties that they ought to abide to in relation to the company. There main argument was that FMG misled and deceived investors and other potential investors through the details of the document that was purportedly an agreement between it and China Railway Engineering Corporation (CREC). It argued that the proclamation made by FMG that they had a signed contract with CREC that stipulated that CREC would finance and build a railway was a misrepresentation amounting to a deceptive and misleading conduct and was not contained in the document. ASIC maintained that CREC had no any contractual obligation to construct the railway and that the price was not stated in the document as had been previously asserted in the letter. The other contention in court was that FMG by stating that it had made a binding agreement with CREC was a misleading and deceiving yet these proclamation were actually false. ASIC further argued that the representation by FMG was ingeniously intended to lure investors to invest in the company since the statements were unequivocal and made in an emphatic manner. ASIC submitted to the court that Forest was not justified to make the announcement to investors and potential investors. FMG chose not to adduce evidence against the allegations made by the ASIC while ASIC argued that it expected FMG to rely on the defense that the assertions made by Forrest were statements of fact which if it was case it could absolve them from liability. According to the ASIC a statement of fact would not be leading but a statement of opinion would be misleading. While it is clear that the intention of the persons alleged to have engaged in the misleading and deceptive is immaterial in proving breach of s 1 041H of the Corporations Act, ASIC stood adamant on the claim that FMG had the intention to deceive the targeted audience. Conversely they argued that Forrest had breached the company officer duties of care and due diligence by unreasonably making a misleading and untruthful announcement. Judgment The issues that were presented before the court for determination included whether FMG and Forrest who was its Chief Executive Officer breached the provisions of s 1041H of the Corporations Act following the announcement it made to the investors and other potential investors that the agreement made with the CREC was binding. Another issue was whether by misleading and deceptive conduct they had breached the company officer duty to act with honesty and good faith. Another sub issue that was to be determined emanating from the pleading made by ASIC was whether the representations were statements of fact or opinion. The other issue was whether the conduct alleged to be misleading had an impact on the reasonable persons who could be investors of the company. The primary judge affirmed that the assertion made by forest were mere statement of opinion. The judge justified this position by stating that Forest held the honest opinion that the agreement would legally binding. The full court held that the argument on statement of fact and opinion was immaterial and only limited the protection offered to investors and potential investors. The court held that the essential factor to be considered in determining a breach of s 1041H of the Corporations Act was not the intention of the alleged party but rather the effect of the representation on the public investors. The court in the in the full court held unanimously that the representation that CREC had accepted full risk and that a fixed price was set had no basis and therefore misleading. The full bench concluded that the a reasonable public investor cannot be placed in the mind of the directors of FMG or forest and a reasonable person would ordinarily understand that the representation implied that the agreement was binding and the details purported to be in the document were actually in the agreement. Forrest and FMG were found to be liable in the Full court. The High court also disregarded the argument on statement of fact and opinion. The court held that to understand the message that would be reasonably assumed by the public the representation must be investigated with full attention to the fact of the case. The High Court widened the definition of the target audience to include investors and other member of the public in the business community. The court thus concluded that the public would understand the statements made by forest according to what the parties believed they had done. It thus held that the public was not persuaded from the representations by Forrest that the agreement was binding and that there was a fixed price but rather they believed in what Forrest and the directors of FMG considered to be genuine. The court thus found that the conduct of Forrest and FMG was neither misleading nor likely to mislead or deceive. The high court thus held that Forrest had not b reached any company officer duties because he did that which is reasonable and fro the best interest of the company. He acted with honest and good faith as is required by the act. The high court ruled that Forrest made the announcement in good faith stating that which the company believed to be true and thus the information was not misleading. Conclusion Essentially, the director duties that were in question in this case was the duty to exercise care and due diligence that is expected of a reasonable person and the duty to act with honesty and good faith. The final decision this case was by the high court where it was concluded that the conduct of Forrest and FMG was neither misleading nor likely to mislead or deceive and there fore did not breach any company officer duties. It is a plausible conclusion from the final ruling of the high court that determining the assumptions that are made by the target audience is a question of fact .Suffice to say, it has been observed that the knowledge of the target audience on the subject matter of the alleged misleading is crucial in determining whether the reasonable audience erred in making the assumptions (ACCC v Telstra, 2004).In the end although the sanctions on the director duties are clear in the corporations act and other enabling legislations the burden of proofing such cases is still l eft on a balance of probability and this satisfies the conclusion that was arrived at by the court that there was no any breach of the director duties. Reference ACCC v Telstra (2004) 208 ALR 459 AstraZeneca v GSK [2006] ATPR Australian Securities and Investments Commission Act 2001 (Cth) (ASIC Act) Australian Securities and Investments Commission v Fortescue Metals Group Ltd [No 5] (2009) 264 ALR Australian Securities and Investments Commission v Fortescue Metals Group Ltd (2011) 190 FCR 364, 375 [23] Australian Competi-tion and Consumer Commission v Singtel Optus Pty Ltd [No 3](2010) 276 ALR 102 ASIC v Macdonald (No 11) [2009] NSWSC 287 Corporations Act 2001 (Cth) Global Sportsman Pty Ltd v Mirror Newspapers Pty Ltd (1984) 2 FCR 82 Forrest v ASIC (2014) 276 ALR 102 Lagunas Nitrate Co v Lagunas Syndicate [1899] 2 Ch. 392 Taco Bell Co of Australia Inc v Taco Bell Pty Ltd (1982) 42 ALR 177,

The Awful Side of Social Argumentative Essay Topics

The Awful Side of Social Argumentative Essay Topics It's possible for you to pick topics from assorted lists of ready themes. If you are searching for examples of argumentative essays, here's a sample that will help you out! Much like professional creative writers for hire, it's necessary for you to brainstorm interesting and inspiring tips for your essay to develop into interesting and distinctive. On our site, you can find lots of suggestions for themes for an argumentative essay. What You Don't Know About Social Argumentative Essay Topics Therefore, the topic ought to be debatable! Qualities of a good persuasive essay topic it should be specific. Though, make certain the topic you opt to write about is suitable for that specific class. Deciding on a topic for a Rogerian argument can be quite tricky. Inspiration to make your own advertising or media argumentative essay topics isn't difficult to discover. Avoiding social media can be extremely challenging. Popular themes for academic papers can be seen on our site also. What the In-Crowd Won't Tell You About Social Argumentative Essay Topics The intent of assigning an essay to middle school students is to make awareness and permit them to develop writing skills. Typically, the teachers or professors assign the topics by themselves. General information Students that are new to the topic of social studies must be ready for in-depth education at their very first lessons. You have to be able to use persuasive language. Let's say you feel that Mexican-American relations must be improved. The significance of research in persuasive writing can't be overstated. Besides general knowledge you have concerning this issue, you won't mind dedicating some opportunity to research, writing procedure, and other things essential for the h igh-quality essay. Social networking is the main reason for lots of the world's problems and solutions. Researching the topic will enable you to find out more about what fascinates you, and should you pick something you really like, writing the essay will be more enjoyable. Sample persuasive essays can also give inspiration on topics to write on in addition to serve as examples about how to compose your essay. Argumentative essays are among the most well-known essays given as projects. In general, you can observe that writing a persuasive essay isn't a brain surgery. Just stick to the guidelines stated above, and you'll be well on your way to writing a very good persuasive essay. Before submitting your assignment, you want to ensure that it's flawless and error-free. Writing an intriguing essay about trendy topics is an opportunity to reveal your understanding of earth. It's important to select debatable argumentative essay topics as you need opposing points that you are able to counter to your own points. Still, figuring out the very best topic for your essay isn't your only concern for a student. Recent argumentative essay topics that are related to society is going to do. As a consequence, there are quite a few suggestions to pick from, based on style of writing. Sure, with this kind of a huge number of topics to select from, picking just one may be challenging. The type of information which Becky just got new vehicle interior is totally useless in the very long run. When you're picking your topic, bear in mind that it's much simpler to write about something which you presently have interest ineven in case you don't know a great deal about it. Normally, having three important arguments to demonstrate your point is sufficient for a con vincing paper. For instance, in college, you might be requested to compose a paper from the opposing perspective. If you are supposed to compose an argumentative essay, the very first thing you have to do is to understand its key features and structure. An interesting and debatable topic will boost your odds of writing a large well-argued paper and obtaining a great grade. If you're looking for top essay writing companies, try out the mentioned above. You may continue to keep your argumentative essays for your upcoming job portfolio in case they're highly graded. To compose a strong argumentative essay, students should start by familiarizing themselves with a number of the common, and frequently conflicting, positions on the research topic so they can write an educated paper. So far as the students are involved, writing a research paper is among the toughest and frustrating undertaking in their opinion.

Essay Writing - Helpful Tips

Essay Writing - Helpful TipsEssay writing is a very important element of any written document. This is something that you will use for your academic training or work-related education. In fact, the more and better you are at essay writing, the more desirable it will be in your job market.Essay writing on any topic is not easy. If you want to write an essay that is unique and which contains well-structured contents, you will need some extra efforts on your part. Essay writing that is good in style is the one that makes an impact in the minds of the readers. Writing is one skill that cannot be learned overnight.You will want to focus on the style of your essay when you sit down to write it. This style should be one that is made with utmost respect for the reader. You must pay attention to the idea and not get carried away by the style of the essay. Your essay should be writing something that is original, and that would interest the reader.The same rules apply when you are choosing the words. The words that you use should be relevant and true. It must also be something that you are comfortable with using. It is obvious that you have used a variety of words before when you were reading a book. When you write your essay, you will come across a number of words that you do not know how to use properly.The other main factor that you need to consider is the flow of the sentence. Make sure that the flow of the sentence is one that is used very often. However, make sure that the same flow is not achieved from one sentence to another.You also need to make sure that the sentence is not too long. You will probably find that writing an essay can take much of your time. Therefore, you must ensure that the sentences contain certain characteristics. The sentences that you choose must make a statement and must also mention something that the reader can understand.Another crucial step is the introduction of the essay. You must use the opening paragraph as the introduction of the e ssay. Make sure that it is informative without being very long.The conclusion of the essay is yet another important element that you need to remember. The conclusion of the essay is the part that gives the last word to the entire essay. Ensure that the ending part is appropriate and that it expresses the right message to the reader.

The Recently Leaked Secret to Research Paper Topics Medical Technology Disclosed

The Recently Leaked Secret to Research Paper Topics Medical Technology Disclosed The Basics of Research Paper Topics Medical Technology If you cannot generate a very good idea for your paper, you can acquire inspiration by examining a set of sample topics. When you've got an outline, you have a means to organize your thoughts and chapters. To approach the paper with at least anxiety, you should choose a topic that you are feeling comfortable writing about, and one which you're confident that you could grasp the appropriate scholarship on. Before you commence writing a single word of your paper, you first will need to understand what your thesis will be. What Is So Fascinating About Research Paper Topics Medical Technology? Developing your statement in the primary body, you will require some literature sources to refer to. The body is easily the most important section in which you should pay added attention. Once you have selected your research paper topic, the next step is to receive as many as quality sources as you're able to. When you own a list before your eyes, it is going to be much easier to compose your mind and get started considering a specific matter. Regarding, from which angle you examine your topic, it is going to reflect distinctive facets. The previous tip is to adhere to the principal topic. A superb paper topic needs to be interesting and ought to incorporate an original idea or position try to prevent cliche topics which will likely bore your reader. The Research Paper Topics Medical Technology Cover Up In an argumentative essay you're supposed to present arguments about either side and please so take note of important events and court rulings about the topics you're speaking about. The outline is a brief paragraph, which is made up of three or four sentences and represents your plan of the whole paper. To compose an outstanding paper, you should thoroughly select your topic. Therefore, it's much better to start with outli ning your topic. The Hidden Gem of Research Paper Topics Medical Technology If you're creating a database driven site you must be cautious. It is possible to also make the most of working on topics linked to your present job as you'll have a good chance to collect the main data. Also, make sure that the topics offer you ample prospect for procuring data. If you're confused with a selection of interesting topics to research online, it's far better to choose what interests you the most. The doctors utilize several tests to detect the issue. Topics related to health provide a wonderful assortment of choice. Clinical health workers see an assortment of patients who suffer from a variety of chronic problems. It is crucial to analyze many distinctive problems related to health when studying. The world of health technology is vast. It is extremely important that you choose the ideal information technology research paper topics that will permit you to contribute something appli cable to your chosen field. For example, you might want to speak about technology and the way it has evolved, its history and all. Information technology changes the surface of the workplace with each technological leap. Finest research paper topic is one which can be backed up with sufficient evidence. Not all research paper topics are made equal, and you would like to be certain you select a terrific topic before you commence writing. An intricate research paper topic will not just take lot of time but in addition might not be easily comprehensible due to its complexity. Greatest college research paper topics are those which are original. If you're well versed with the topic writing a fantastic research paper is going to be a cake walk for you. Once you have completed writing the full paper, it is necessary to check for errors in the content. A superb research paper ought to have a thesis. Attempting to compose a research paper on a topic that doesn't have a lot of research on it's incredibly hard, so before you choose a topic, do a little bit of preliminary searching and make certain you're have all the info you should compose your paper. Don't hesitate to get in touch with us if you're stuck when placing an order. The aim of FDA risk communication is to assist people make informed judgments about usage of FDA-regulated products. When you are facing choosing healthcare research paper topics, all the choices may be intimidating for you. To turn into an astrologer is more than simply knowing someone's sign or having extra sensory perception for this matter. 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Sample of a Winning Essay For College Scholarship

Sample of a Winning Essay For College ScholarshipWriting a sample of a winning essay letter for college scholarship will get you started on the right track. If you are getting ready to write an essay, get ready to send your essay and build the confidence to start writing. Most likely you have written a lot of essays in school. Well, you have to save these essays and your resume because your resume will be the only one that you ever have to go to college for.You need to start writing a winning essay letter for college scholarship now. The purpose of sending out a letter is to get noticed and get help. Now is the time for you to take advantage of this wonderful opportunity you have and start winning those scholarships. Write a winning essay to get the scholarship.To start out on the right way, you need to prepare yourself for writing a person's essay. Everyone has an opinion. A sample of a winning essay letter for college scholarship is an essay to the student's opinion. It is his or h er opinion of what they would like to have happen in the world. In order to make an argument for how they can achieve their desired results, they need to consider their thoughts.Some people have certain requirements. Some just want a free ride. There are others who are looking for something better. Either way, their experiences and feelings need to be heard as much as possible. After all, they do not want to be stuck for life with college loans.Starting out today, if you want to get the college scholarship, this essay is the beginning of a long journey. You need to start writing a winning essay letter for college scholarship now. What's the worst that could happen? Nothing will.However, you need to make sure your opinion is representative of everyone in your area. Let me give you an example of a typical argument. You may be looking for a scholarship for mothers with dependent children. Suppose you look in the newspaper and see someone getting $4000 a year and some companies giving l arge sums of money, you may be tempted to say that these people are just not doing anything right.Do not worry, as long as you have not gotten any bad outcome from your essay, you can continue to keep it up. Just do it all again in two weeks. To start out, you need to do a winnowing. Get rid of anything that does not come across well. Add this information to your opinion.

Reimbursement Methodologies free essay sample

The Blue Cross plan has been evolving since 1929 and the Blue Shield since 1939. 3. Explain why the lack of universal health care coverage can raise health care costs. Many studies have show that people without health insurance do not get the health care they need. The sicker they become, the more tests, surgeries, and other health care services they need. This scenario increases costs to the health care industry. If public health is improved, then the population becomes healthier and health care costs should decrease. A good initiative to move toward a healthy population is the Healthy People 2010 program. 1. You work in the hospital’s health information management department. Part of your job is to assist the medical residents with completing records documentation. One of the residents complains that he doesn’t understand why insurance companies need so much documentation and the reimbursement system is so complex. How do you respond. In order to serve the patient and help to provide quality care, it is important to have a complete and accurate medical record. We will write a custom essay sample on Reimbursement Methodologies or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Keeping records complete and accurate will help in figuring out reimbursement costs and discovering what costs are covered. It is also very important to keep track of all services and supplies so that the hospital can be reimbursed. 2. Mary was receiving Medicaid in Texas. When she moves to California, can Mary assume that she’ll receive the same coverage there? Medicaid policies on eligibility services and payments are complex and very considerably from state to state. Thus, Mary may not be eligible in California even though she was in Texas. 3. Compare point-of-service (POS) plans with health maintenance organization(HMO) plans. In an HMO plan, the insured must choose a primary care physician and then must obtain a referral to seek care from a specialty physician. In a POS plan the insured chooses a primary care physician but still has the option of receiving care from other physicians without the need for a referral. POS combines the features with thos of the PPO. 4. You’re an inpatient coder in a hospital. You’ve just coded a Medicare Part A record with a diagnosis-related group (DRG) reimbursement of $12,000. You notice in the hospital’s computer billing system that the patient’s charges are $19,500. That’s $7,500 more than the hospital will be reimbursed. How does the difference between the charges and the DRG reimbursement become resolved? In some cases, the DRG payment received by the hospital may be lower than the actual cost of providing Medicare Part A inpatient services. In these cases, the hospital must absorb the loss. 5. You work in a physician’s office performing billing. You notice that guidelines haven’t been followed accurately in completing the claim form. What will happen if you don’t correct the claim form? It is important to follow payer guidelines when completing a claim form; otherwise, reimbursement will be delayed until the form is corrected. 6. Why did the Centers for Medicare and Medicaid Services (CMS) implement the National Correct Coding Initiative in 1996? CMS implemented the National Correct Coding Initiative (NCCI) in 1996 to develop correct coding methodologies to improve the appropriate payment of Medicare Part B claims. 7. List some of the risk areas that can be identified through the auditing process. Some of the risk areas found through the auditing process are, DRG coding accuracy, variations in case mix, discharge status (transfers versus discharges), services provided under arrangement, medical necessity, evaluation and management services, charge master description and three day payment window are a few. . You’re an HMO director. You would like to ensure that your managed care plan is meeting industry standards. What’s one way that you can do this? One way to ensure a managed care plan is meeting industry standards is to involve HEDIS (Health Plan Employer Data and Information Set) through the National Committee for Quality Assurance. 9. You work for a third-party payer performing medical records review. Your j ob is to match codes that were submitted on the claim to documentation in the medical record.