ENGLISH LEGAL SYSTEM ASSIGNMENT 4b, 3b & c Essay

ENGLISH LEGAL SYSTEM ASSIGNMENT 4b, 3b & c - Essay Example A statute has been defined in previous editions of this work simply as the will of the legislature", the will of the legislature must be expressed either by the agreement of its three parts (Queen, lords and commons)or by the agreement of the queen and commons in accordance with the parliament Acts 1911 and 1949.Granted that a document which is presented to it as a statute is an authentic expression of the legislature will, the function of a court is to interpret that document "according to the intent of them that made it." From that function the court may not resile .however ambiguous Difficult for application the words of an act of parliament may be, the court is bound to endeavour to place some meaning upon them. In so doing it gives effect, as the judges have repeatedly declared to the intention of parliament, but, it may only elicit that intention from he actual words of the statute In this rule its assumed that the words and phrases of technical legislation are used in their technical meaning if they have acquired one, otherwise in their ordinary meaning ,and the second is that the phrases and sentences are to be construed according to the rules of grammar. Blythes v .Blythes- A reference in the matrimonial causes Act 1950 to the court being satisfied was meant to mean precisely what it said, and to require the courts to be satisfied beyond a reasonable doubt. And in Northing ham Finance V.Ashley,the court of appeal held that the words covered of which the hirer was in possession under an existing hire- purchase agreement and which were exchanged in part payment for the goods under the new agreement .it would be too narrow a construction to restrict it to goods actually owned by the hirer. The Mischief Rule. In heydons case in 1954, it was resolved by the Barons of the exchequer, that for sure and true interpretation of all statute in general (be they penal or beneficial, restrictive and considered. Firstly, what was common law before the making of the act. Secondly, what was the mischief and defect for which the common law did not provide. Thirdly, what remedy that parliament hath resolved and appointed to cure the disease of the commonwealth. Fourthly, The true reason of the remedy, and then the office of all judges is always to

The contemporary securitization of borders and the new policies of Essay

The contemporary securitization of borders and the new policies of states in North America and Europe that attempt to link asylu - Essay Example Third, Germany issues its own version of anti-refugees and asylum seekers statutes. Fourth, emphasized the problems of the refugees and asylum seekers grew in magnitude after the end of World War II. Fifth, some host countries have not fully given the refugees and asylum seekers their deserved rights and liberties. Sixth, the key to the strict refugees and asylum seekers policies is protection from terroristic and other acts that may disadvantage other residents of the host country. Seventh, international refugee law defines a refugee as: having a well grounded fear of being persecuted one or more discriminatory grounds. The reduction of protection for the refugees and asylum seekers is grounded on self- preservation. INTRODUCTION Refugees and asylum seekers are realities of the cruel world. The research centers on the difficulties faced by the refugees and asylum seekers. The research includes the moves to improve the lives of the refugees and asylum seekers in their host countries. North American and European policies are currently attempting to link asylum-seekers and refugees with terrorism and threats of national security, violating related international refugee laws. ... There is an increasing trend of host democratic governments turning their backs on the implementation of the Universal Humanitarian Principles. After the September 11, 2001 attack, many laws were enacted to reduce the rights as well as the liberties of the refugees and asylum seekers and also the citizens entering the host countries. A vivid example is the establishment of extra-judicial refugees and asylum seekers detention camps. Of the recent abuses was headlined in the abuses of the American soldiers, including the abuses committed by the American soldiers on Cuban and Haitian refugees and asylum seekers held in a prison camp in Guantanamo Bay, near Cuba. Likewise, abuses of the Soldiers managing the refugee and asylum seeker camps on Manus Island, Papua New Guinea as well as the Island Republic. Consequently, many democratic governments have reduced their focus on implementing the rights and liberties of refugees and asylum seekers (Wilson 659). Many of the refugees and asylum s eekers arrive in foreign country because they could no longer bear living in their home country. The refugees and asylum seekers escape from their home country taking with them the agony of losing their home, social status, friends, and identity. Article 14 of the Universal Declaration of Human Rights states â€Å"Everyone has the right to seek and enjoy in other country’s asylum from the sufferings received in their home countries. However, the refugees and asylum seekers do not know what will happen to them on their journey towards the host country (Wilson 641). To understand the sudden turnaround in terms of offering rights and liberties to refugees and asylum seekers, the focus should first look at the refugees and

Ethical Issues Unique To Group Therapy Social Work Essay

Ethical Issues Unique To Group Therapy Social Work Essay Group Therapy has a variety of ethical issues one of the main issues that maybe encountered is involuntary group members. Corey, Williams, and Moline (1995) explained that ethically a counselor should advise clienteles of theirs privileges and duties and advise them of any probable concerns they face if they choose to follow treatment. Informed consent is extremely important when participation is mandatory. Informed consent is something that all psychologist, counselor, and therapist have to obtain from clients. The consent is important because certain guidelines have to be followed by the counselor during the sessions. When a client becomes involuntary this puts the counselor in a comprising position. The counselor becomes comprised because the incorporation of the client places limits on the direction of the sessions in the group. The following is an example of legal issue where a patient refuses medical care. Website Merck (2007), stated People who have legal and clinical capacity may refuse any medical care. They may refuse care even if it is something almost everyone else would accept or something that is clearly life-saving. With that being said there is also a variety of issues related to right of refusal. The following is a list of some legal issues related to refusal of consent. American Bar Association (n.d.), stated religiously sponsored HMOs often do not cover prohibited services or provide information, counseling, or referrals to plan members who may want or need these services. Women in Medicaid managed care plans face particular challenges (Susan, Lourdes). Because of the risk of misdiagnosis financial factors have become an issue. Psychologist and therapist are avoiding working with some clients because of what insurance they have. The reason for this is because some insurance companies cannot be reimbursed for certain diagnosis. In addition insurance companies are starting to take practitioners to civil court for incompetence. Ethical Issues Unique to Individual Counseling Some of the ethical issues a counselor may encounter in individual counseling may range from dual relationships, involuntary client, moral dilemmas, breach of confidentiality, and other significant factors. Ethics in psychotherapy and counseling (2007), stated In the mid-1970s, New York Supreme Court Presiding Justice Markowitz recognized evidence that from the time of Freud to the present, the health care professions had agreed that therapist-patient sex harms patients (Pope, Vasquez, p. 174). The extent of sexual relationships has not been fully understood until recently. Within the past quarter century a diverse series of investigations have broaden the meaning of therapist client relationships in individual psychotherapy. Certain issues that were addressed in the investigation included how clients can be injured, physical contact with clients, and sexual attraction to patients. Studies that were conducted have concluded that certain outcomes for sexually abused clients. Clients who have been sexually involved with individual counselors produce negative outcomes. Therapist would choose Group Therapy Essentially, Group Therapy is targeted on assisting clients with data about specific categories in order to give supplementary means or data. Counselors believe that group therapy is more structured; in group therapy counselors also believe that clients are provided with precise categories or modules to debate and learn about. The intent is to supply individuals with access data about the categories, which is frequently recognized in the label of the group. the process group therapy is favored by counselors too. a process group is best explained as a group that targets on the experience of belonging to a group, itself, this recognition is part of the healing opportunity given within the group. An example would be the process of a client showing their ideas, emotions, and in the group, in the here and now can become the essential vehicle that finds change in group therapy. Counselors often choose group therapy to supplement individual therapy. Counselors believe group therapy will sup ply clients with access support, or as the primary part of healing work. On no account substance what issues a client may want to address in therapy, group therapy give clients the opportunity to share their thought which is part of their healing journey. Counselors believes that clients attending group gain a sense from the experience as a way to know that they are not alone and that there others, with similar experiences, who are supportive of them. Therapist would choose Individual Counseling Ethical decision making in professional psychology is important to regulate the practice of psychology. Individual counselors believe that ethical decision making procedures can produce positive psychological outcomes. In addition ethical decision making places a certain degree of accountability on the psychologist in individual counseling. Ethical guidelines and educational requirements ensure that clients receive adequate professional assistance on a one on one basis. Ethical decision making in a sense also causes a power shift. Paste psychological practices were controlled by the therapist. In modern times clients have a say so of what treatments and practices they want to receive. This is due to current ethical guidelines. Psychologists give numerous reasons why Multicultural psychology has become a subspecialty. With a society that is diverse in culture psychology had no choose but to be aware of these circumstances. Because of this factor training had to be given to researchers and psychologist in the career field. These measures were done to raise awareness of culture differences and to clarify that these differences had to be handled different individually. Cultural competence is best explained by CEO Services (2007), as the development of skills by individuals and systems to live and work with, educate and serve diverse individuals and communities. Â   Having multicultural psychology as a subspecialty eradicates negative beliefs about other cultures. In addition categories of discrimination, prejudice, lack of education, and ethical values are learned. A major issue with research done with past experiments was they were not culturally equal. Things like the above issue and other factors lead to the requirement of multicultural psychology as a subspecialty. If a professional is culturally competent they should see and understand cultural, economic, gender, and physical differences that another individual may have in society. Culturally competent professional should not be prejudiced in thought while considering another human being feelings and cultural traditions. Social Phobia has a connection with the stability-change issue. The Life -Span Development (2007) text explains the stability-change dispute consists of the point to which early traits and characteristics persist through life or change. In the stability-change issue Develo pmental psychologists acknowledge the concept as broken into two separate issues. On the stability side of the issue psychologist argue that early experiences in life can affect a persons stability or there heredity can cause change in stability. But on the change side of the spectrum psychologist are arguing that peoples later experiences can cause change. So in saying that the change concept is basically that people are is constantly being molded throughout their life span. Distinctive Features Some of the distinctive features that are associated with social phobia range in vary areas. Person with social phobia experience excessive fear of being humiliated or judged negatively in social or performance situations (Heimberg, G. R., Liebowitz, R. M., Hope, A. D., Schneier, R. F., 1995). Social anxiety and panic disorder are also qualified as features in the social phobia criterion. The different experiences an individual lives through and witness can mold their mind state. If an individual has had many experiences dealing with discrimination they may perceive the world as unfair. If an individual is or maybe was raised in poverty they may perceive the world as unfair and class based. A prime example would be a minority individual born during the civil rights era or earlier. These individuals had witnessed the inequality of America and seen the horror that come from inequality. A majority of individuals who lived during those times have negative views on white America. I have seen this in my grandmother who is 83. She can get along with other races but she is still to a degree stuck in the past. Often stating how minorities should watch they do because of inequality. Ethical Challenges I may Face Being a counselor some of the many ethical challenges I believe I will face will be as followed. Being a counselor whether the setting is for a group or individual counseling Being mentally aware is important for individuals so they can understand their personal ethical perspectives in life. If individuals have an understanding of their ethical perspective other attributes can be understood. Personal ethical views can influence emotions and reactive behavior in some individuals. Personal ethical perspectives are essential in formulating who an individual is and what they stand for. In addition understanding personal ethical perspective is necessary when choosing a career field. Ethical dilemmas can be frequent if professional ethics are opposite of an employees personal ethics. If personal ethics are misunderstood stress can manifest in individuals. Ethics in psychotherapy and counseling (2007), stated Uncertainty causes stress for some of us. We cannot find that magical book that wi ll tell us what to do, especially in a crisis (Pope, Vasquez, p. 2). The argument about personal and professional ethics has been debated for a while. But each ethic is unique and essentially a necessity to function in society. The United States has become a nation were ethical perspectives are revered. The evolution the United States has made is amazing. Manifesting from a primitive culture to what is now known as the ethical nation. Work ethics involve such characteristics as honesty and accountability. Basically, work ethics break down to what one does or would do in a particular situation ethics as guidelines restrict the abrasive production low safety, employees non-companies, non-compliance with legal regulations and even lawsuits. Ethical regulations decline tension; makes the environment more beneficial by fostering a goal focused climate of cooperation that even boost business. Ethical regulations purely boost a positive site for the future. Confidentiality Better Morale Worker safety Organized work environment All organizations have laws that they have to abide by, employees, board members, and those who work voluntarily must do the same. Regardless of personal feelings toward those laws, they are to obey all laws in the performance of their work on behalf of Community Services. Ethics is the central part, the heart of leading and include private duties of service and public duties to the common good. Therefore, personal, professional, and practical ethics are included into a multidimensional perspective of ethical leadership in human service organizations Development of Professional Ethics through Societal Norms Ethical standards have a role in societys developmental norms. Social norms are explained on Sociology Guide website. Sociology Guide (2006), stated Sociologists have offered the following definition. Social norms are rules developed by a group of people that specify how people must, should, may, should not, and must not behave in various situations. To better understand what ethical standards really mean, the Santa Clara University (2007), stated Ethics has to do with what my feelings tell me is right or wrong; Ethics has to do with my religious beliefs. Being ethical is doing what the law requires; Ethics consists of the standards of behavior our society accepts (Velasquez, Andre, Shanks, S.J., and Meyer). Evolution of cultural factors and beliefs has impacted ethical standards also. Some of these factors are responsibility, malpractice, ethical dilemmas, ethical judgment, reasoning, language, and justifications. American 18 or 1900s social norms seem barbaric compared to 21st century norms. A prime example of disturbing social norms and ethical codes are practices of psychology. Practices such as psychosurgery left permanent damage to areas of the brain. Other primitive methods used were insane asylums, electroconvulsive therapy, and Trepanation. Robert Todd Carroll (2007) states Trepanation is the process of cutting a hole in the skull. If those procedures were practiced today society would consider them cruel and legally incorrect. Ethical standards and codes have helped the American nation become civilized. Civilized behavior is a progression compared to when individuals would react by emotions. In addition the codes have formed this nation into a more business oriented society. Ethical standards have made equal right obtainable to women. Because ethical standards and codes affect social norms woman can vote, and get equal pay. Equal bus seating, right to vote, and other factors African Americans gained because of ethical standards. Disabled individuals have also gotten opportunities to work. Through the development of new ethics standards societal norms have also changed and quality of life for all individuals has improved. APA Ethics Code The American Psychological Associations Ethical Principles of Psychologists and Code of Conduct consist of an introduction, a preamble, five general principles and specific ethical standards. The general principles and preamble are not enforceable rules. However, they should be considered by psychologists in arriving at a professional and ethical course of action. The Ethical Standards are set enforceable rules for conduct of psychologists/psychiatrists. Most of these standards are written so they apply to psychologists that have various roles within the field. The American Psychological Association enforces members and student residents to comply with the standards of their ethics code and the procedures and rules that are used to enforce them. Misunderstanding or lack of awareness of the code is not considered a defense if a member and/or student resident is charged with unethical conduct. The APAs Ethics code ensures psychologies will protect the human and civil rights and the importance of freedom of inquiry and expression in teaching, research and publication. Psychologists perform many roles; such as educators, diagnosticians, researchers, supervisors, therapist, administrators, consultants, expert witnesses and social interventionists. The APAs Ethics codes provide a common set of standards and principles, in which psychologist, researcher, therapist, etc. build their scientific and professional work. APA Ethical Violations The impact of the American Psychological Associations (APA) ethical standards and codes on professional practice in the field of psychology includes how the ethical issues are resolved once one is accused. The ethical code deals with such matters as: misuse of psychologists work, conflicts between ethics and law, regulations, or other governing legal authority, informal resolution of ethical violations, reporting ethical violations, improper complaints, and unfair discrimination against complainants and respondents. (APA, 2002) Psychologists who learn of misuse or misrepresentation of their work may take reasonable steps to correct or minimize the misuse or misrepresentation through the APA. When there is a conflict between ethics and law, regulations, or other governing legal authority and a psychologists responsibilities they make known their commitment to the Ethics Code and take steps to resolve the conflict. If the conflict cannot be resolved via such means, psychologists may adhere to the requirements of the law, regulations, or other governing legal authority. (APA, 2002) Sometimes situations may call for informal resolution of ethical violations. If a psychologist believes that there may have been an ethical violation by another psychologist, they may attempt to resolve the issue by bringing it to the attention of that individual, if an informal resolution appears appropriate and the intervention does not violate any confidentiality rights that may be involved. Reporting ethical violations may be necessary when an apparent ethical violation has substantially harmed or is likely to substantially harm a person or organization. Psychologists may take further action appropriate to the situation such as referral to state or national committees on professional ethics, to state licensing boards, or to the appropriate institutional authorities. This standard does not apply when an intervention would violate confidentiality rights or when psychologists have been retained to review the work of another psychologist whose professional conduct is in question. (AP A, 2002) When a Psychologist does not file or encourage the filing of ethics complaints that are made with reckless disregard for or willful ignorance of facts that would disprove the allegation the ethics code allows for treatment of these improper complaints. Unfair discrimination against complainants and respondents in the APA ethics code demands that Psychologists do not deny persons employment, advancement, admissions to academic or other programs, tenure, or promotion, based solely upon their having made or their being the subject of an ethics complaint. This does not preclude taking action based upon the outcome of such proceedings or considering other appropriate information. (APA, 2002) Psychology and Professional Ethics Psychologists have an obligation to protect the people in which they counsel on a regular basis. Ethic codes have been created to protect the public and offer guidance to professionals in serving their clientele. Many different mental health organizations have their own set of ethical codes in which they follow on a day to day basis. Without these ethical codes, they would not be able to properly protect themselves or their clients in the unlikely event that they are accused or sued for malpractice. There is believed to be three main reasons that these ethical standards and codes have been created for professional psychologists to follow. The three standards and codes are the general reason is to educate professionals about adequate ethical conduct; consultants that comprehend the standards may acknowledge prolonged alertness, ideals-interpretation, and difficult-answering abilities. Next, ethical standards encourage responsibility, also, counselors need to preserve ethical conduct encourage such from colleagues as well. Third the code of ethics helps support in cultivating preparation by proposing answers to challenging inquiries and circumstances (Herlihy Corey, 1996). Ethical issues in mental-health are governed by professional codes and laws. Law defines the minimum standards of performance which society will tolerate and these standards are enforced by the government. Ethics illustrates maximum or ideal standards of performance set by the profession and are managed by professional associations, national certification boards, and government boards which regulate professions (Remley, 1996). Ethical codes that are used in mental- health organizations are revised when new issues in the psychological community arise. Providing a code of ethics to clients receiving psychological care has proven to be fundamental in the field of psychology. Not only to the psychologist providing treatment but also to the client who is receiving treatment on a daily, weekly, or even a monthly basis. Besides knowing these rules, a therapist must be able to think rationally and apply different ethical standards to each individual situation that may crop up while they are providing professional counseling services. Not every situation is covered under these individual codes and standards. Often a psychologist is forced to make their own decisions in regards to which way to best treat a client who is seeking help. Without these codes of ethics, a therapist would be unprotected should they provide the wrong type of treatment to one of the clients they are serving. This could often a therapist up to losing their license to practice and be sued which could end up costing them a fortune financially, professionally, and pers onally. Conclusion The APA ethics code systematically describes how psychologists and psychiatrists should behave in a professional environment. Societal norms have helped to define how professional ethics should be followed and has also contributed to how the APAs ethics code has developed. Through communication of this ethics code among psychologists, they can hope to have greater success with clients and better relationships with colleagues.

Analysis of The Threat of National ID :: William Safire

Threat of National ID In William Safire’s â€Å"The Threat of National ID†, he argues against a National ID card. Safire published an article in the New York Times to establish different context. Safire gives details about the use of National ID card at different places in different situations. He emphasizes that many Americans are willing to give up personal privacy in return for greater safety, but none of us have privacy regarding where we go and what we do all the time. Safire disputes that mandatory National ID become necessary for people to prevent fear of terror attack. Safire emphasizes his argument around a comparison of a lost dog with a newly developed chip fixed underneath their skin which would let animal shelter alert owner of their pets. He declares that using a chip to find a lost animal would be a good side of technology, whereas fear of terrorism has placed American in threat of trading our right to be let alone for the fake security.

Capella unit

In The Workplace In many business's today important vital customer information is stored within a company's database, easily accessed by employees with the right verification. The vulnerability of sensitive information is at an alarming risk. Most company's password policies are vague only asking for a one step verification, which entails either the employee's date of birth, or the last four digits of their social security number. I have vast experience working in hotels, and the one common thing I have personally foundIs that the password authentication process can easily be manipulated. As years of working In the hotel business I have had access to customers' credit card numbers, addresses, phone numbers, as well as email addresses. I have personally seen the ease of accessing another person's password. Hypothetically In the hotel business If a customer or any other unauthorized person or persons were able to access the hotel computers, It wouldn't be too difficult to hack one of t he employees' passwords and gain access to the customer files containing all of their information.It is my personal pinion that every company big or small should have a complex password authentication system in place to protect the very customers that keep them afloat. We see it not quite daily but do see it often in the news where business's get hacked into and hundreds of thousands of people are affected. Most of the time these â€Å"hacks† would have been easily avoided had the company put in place a more complex password authentication system. In closing I hope to one day develop a hack proof password system, to protect not only consumers, but corporate database, as well as their integrity.

Definition and Examples of Serial Verbs in English

What I Have Thought About Addiction - 823 Words

Knowledge of Addiction My present knowledge of addiction comes from lectures, watching documentary of all kind as personally have not developed such negative â€Å"habit† besides drinking coffee regularly, however, I have more knowledge about alcohol consumption. Partially due to of my cultural background and costume, we/I viewed moderate alcohol assumption as a norm behavior. For instance, in most occasions’ alcohol use was part of celebration. Although I know some exceptions do exist that attributes to certain religions. What I have thought about addiction is a chronic, but treatable disorder. I am aware of that people who are addicted cannot control their need or crave for alcohol or other drugs in which this lack of control changes behavior, and ultimately lead to a brain damage. While alcohol use is part of culture in most society, when a person hits the alcohol addiction stage, he/she will experience adverse symptoms that include tolerance of alcohol use. According to the textbook, 52.1 percent of Americans aged 12 or older reported being current drinkers, which estimates 135.5 million drinkers (pg.18). Further, addiction is a condition that results from an initial pleasure that later become compulsive, it could and will interfere with one’s everyday life responsibilities. In worst case, he/she is not aware that his/her behavior is out of control and causes serious consequences to him/herself and problems to others. Although some cultures experienceShow MoreRelatedEssay on Sex Addiction1296 Words   |  6 PagesSex Addiction By Victor Banks COM/156 Amy Qualls May 12, 2013 Thesis Addictions can come in many forms, but I will be focusing on sexual addiction. There are many ways to help people fight addiction such as counseling, or rehabilitation. Body 1 Everyday in America, more people become addicted to sex. According toRead MoreThe Death Of Smoking Cigarettes Essay1532 Words   |  7 Pagesmy lungs every breath I took. 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