Read the following cases and give your legal opinion based on Nature and Effect of Obligations stipulated on Civil Code of the Philippines.
1. Case: Dr. Felipa Pablo, an associate professor in the University of the Philippines, and a research grantee of the Philippine Atomic Energy Agency was invited to take part at a meeting of the Department of Research and Isotopes of the Joint FAO-IAEA Division of Atomic Energy in Food and Agriculture of the United Nations in Ispra, Italy. To fulfill this engagement, Dr. Pablo booked passage with Alitalia, an Italian airline company. She arrived in Milan on the day before the meeting in accordance with the itinerary and time table set for her by Alitalia. She was however told by the Alitalia personnel there at Milan that her luggage was "delayed in as much as the same x x x (was) in one of the succeeding flights from Rome to Milan."
Her luggage consisted of two (2) suitcases: one contained her clothing and other personal items; the other, her scientific papers, slides and other research material. But the other flights arriving from Rome did not have her baggage on board.
Feeling desperate, she went to Rome to try to locate her bags herself. There, she inquired about her suitcases in the domestic and international airports, and filled out the forms prescribed by Alitalia for people in her predicament. However, her baggage could not be found. Completely distraught and discouraged, she returned to Manila without attending the meeting in Ispra, Italy.
As it turned out, Dr. Pablo's suitcases were, in fact, located and forwarded to Ispra, Italy, but only on the day after her scheduled appearance and participation at the U.N. meeting there. Of course, Dr. Pablo was no longer there to accept delivery; she was already on her way home to Manila. And for some reason, the suitcases were not actually restored to Prof. Pablo by Alitalia until eleven (11) months later.
Is Dr. Pablo entitled to damages for the negligence committed by Alitalia? What source of liability is being displayed in this situation?
MAXIMUM OF 2 PARAGRAPHS

Answers

Answer 1

Yes, Dr. Pablo is entitled to damages for the negligence committed by Alitalia. Under Article 1170 of the Civil Code of the Philippines, those who in the performance of their obligations are guilty of negligence are liable for damages.

Negligence refers to the failure to exercise reasonable care or caution that a responsible person would have taken in similar circumstances. It is a legal concept that arises when someone's careless actions or omissions result in harm or injury to another person or their property. To establish negligence, certain elements must be proven: duty of care, breach of duty, causation, and damages.

Duty of care means that individuals have a legal obligation to act in a manner that does not put others at an unreasonable risk of harm. Breach of duty occurs when someone fails to meet the expected standard of care, such as driving recklessly or not adequately maintaining a property. Causation requires demonstrating that the breach of duty directly caused the harm or injury suffered by the victim. Lastly, damages refer to the actual harm or losses suffered by the victim, whether physical, emotional, or financial.

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Related Questions

No court that suppresses evidence is impartial.
Some courts subject to political pressure suppress evidence.
So ???
No courts subject to political pressure are impartial.
None of these validly follows.
Some courts subject to political pressure aren't impartial.
Some courts subject to political pressure are impartial.

Answers

The question highlights the relationship between courts and their impartiality. It mentions that no court that suppresses evidence can be impartial.

Also, it points out that some courts are subject to political pressure and may or may not be impartial. This statement is somewhat contradictory as it is hard to know which court is impartial and which one is not. Therefore, courts subject to political pressure might be impartial or not based on various factors such as their legal systems, culture, or society. Generally, it is hard to decide on the impartiality of a court solely based on the degree of political pressure on it. Additionally, the suppression of evidence compromises the impartiality of any court. Therefore, all courts must treat all parties equally and provide unbiased judgments based on the law.

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Innovation to Curb Dark Web Drug Sales: This one is a little bit out of the box. Place yourself in the shoes of a Federal law enforcement agent. You have been assigned to investigate policies that can aid in curbing drug trafficking on the Dark Web. Be sure to address the following:
a. What is the estimated amount of trafficked drugs / monetary value of illicit drug sales on the dark web
b. What are the current trends specific to drugs on the dark web
c. What are key weaknesses that law enforcement can exploit
d. What interventions look promising in regulating the dark web

REAL ANSWERS ONLY!!!!
NO LINKS!!!!!

Answers

a. The estimated value of drug sales on the dark web is in the billions of dollars annually.

b. Trends include increased availability of synthetic opioids and the use of cryptocurrencies for transactions.

c. Law enforcement can exploit weaknesses in anonymizing technologies and operational security practices.

d. Promising interventions include international collaborations, strengthening cybercrime units, and proactive monitoring of dark web activities.

What is the role of the Federal law enforcement agent.?

There are many reports that say that drug sales on the dark web make billions of dollars every year. These sales are a big part of the global drug market.

The dark web is currently seeing more synthetic opioids like fentanyl, as well as new kinds of drugs called novel psychoactive substances (NPS) and designer drugs. Cryptocurrencies, like Bitcoin, are still mainly used to make illegal transactions.

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What are some of the major problems confronting police crime labs and how do these problems affect the adjudication of criminal cases? What should be practically done to remedy these problems?

Answers

There are several major problems confronting police crime labs that can significantly impact the adjudication of criminal cases. Some of these problems include: Backlogs and delays, Lack of resources and funding, Quality control and accreditation.

Backlogs and delays: Crime labs often face backlogs of unprocessed evidence, which can result in significant delays in analyzing and reporting results. This can cause delays in the judicial process, including trial dates being pushed back and prolonged periods of pretrial detention for defendants. It also hinders the ability of prosecutors and defense attorneys to make informed decisions based on timely forensic evidence.

Lack of resources and funding: Crime labs frequently suffer from limited resources and funding, leading to staffing shortages, outdated equipment, and insufficient training. This can compromise the quality and reliability of forensic analysis, potentially resulting in errors or misinterpretation of evidence. It undermines the credibility of the forensic evidence presented in court and raises concerns about the fairness of the criminal justice system.

Quality control and accreditation: Some crime labs lack proper quality control protocols and accreditation. Without robust quality assurance measures, there is an increased risk of errors, contamination, or mishandling of evidence. This can undermine the integrity and reliability of the forensic analysis, potentially leading to wrongful convictions or the dismissal of valid cases.

To remedy these problems, several practical steps can be taken:

Increased funding and resources: Crime labs need adequate funding and resources to address backlogs, hire qualified personnel, upgrade equipment, and provide ongoing training. Governments should prioritize investment in crime labs to ensure their efficient and effective operation.

Collaboration and outsourcing: Collaboration between different crime labs, both within and across jurisdictions, can help distribute the workload and alleviate backlogs. Outsourcing certain types of forensic analysis to private laboratories can also help manage caseloads and expedite processing.

Emphasis on accreditation and quality control: Crime labs should prioritize obtaining accreditation from recognized bodies such as the American Society of Crime Laboratory Directors/Laboratory Accreditation Board (ASCLD/LAB). Accreditation ensures adherence to rigorous standards of operation, quality control, and proficiency testing.

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Case Study: ALS & ICE Bucket challenge
The purpose of this assignment is to address one or more public administration topics within the case, justify the analysis with relevant references, and make clear and reasonable recommendations.
Read the case study attached. Then, complete the following:
Problem Statement (about 200 words)
Key/Core problem identification in your own words
Analysis and Theory Application (about 500 words)
Specific external academic references to apply to identified problem
Must use a minimum of 5 external academic references
Recommendations (about 200 words)
1-2 specific recommendations
The problem statement, analysis and theory application, and recommendation should be in the context of public budgeting and finance.
The Case Study Analysis assignment must be cohesive, readable, and well-structured. It must be the student’s original writing (no block quotes)

Answers

Problem Statement The problem that is associated with the ALS & ICE Bucket challenge is a Public Administration problem.

This challenge involves a charitable movement that was initiated by ALS in the US. ALS disease is an illness that damages neurons that are responsible for voluntary muscle movements.

The disease causes muscle stiffness, weakness, and difficulty in moving. The initiative aimed at raising awareness about the disease and raising money to finance research on the cure for ALS.

This movement created a buzz on social media, especially after celebrities participated in the challenge.The major problem with this initiative was the use of the funds collected. The money was used for a wider range of purposes, not necessarily for finding a cure for the disease.

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Mr Cole, an alien arrived in Nigeria on a visitor's pass, but subsequently took up an appointment with L&K Ltd as a maintenance manager which was intended to last for five years, subject to renewal for another 3 years. Meanwhile, Mr Cole never obtained a work permit as required by the immigration Act. Six months after resumption of duties, Mr Cole' s appointment was terminated by L&K Ltd. Advise the parties?​

Answers

Mr Cole, an alien working without a work permit in Nigeria, had his appointment terminated by L&K Ltd. The parties involved should consider the legal implications of Mr Cole's employment and immigration status.

In this scenario, Mr Cole's employment with L&K Ltd. raises legal concerns due to his lack of a work permit as required by the immigration laws of Nigeria. The termination of his appointment by L&K Ltd. may be influenced by this violation of immigration regulations.

Firstly, Mr Cole should be aware that working without a valid work permit is a violation of Nigerian immigration laws and can lead to legal consequences. He may face penalties, including fines, deportation, or restrictions on future entry into Nigeria. It is advisable for Mr Cole to seek legal advice regarding his immigration status and potential actions to rectify his situation.

On the other hand, L&K Ltd. should also consider the implications of employing an individual without a work permit. The company may face legal repercussions and penalties for employing a foreigner without the necessary documentation. L&K Ltd. should consult with legal experts to understand the potential consequences and steps to address the situation appropriately.

Overall, it is crucial for both Mr Cole and L&K Ltd. to address the immigration and employment law issues arising from Mr Cole's unauthorized employment and termination. Seeking legal guidance will help them navigate the situation and determine the best course of action based on Nigerian immigration and labor laws.

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A guest at a party becomes enraged over the host's advances towards the guest's wife. Threatening to burn down the host's home, the guest sets a chair on fire. In addition to consuming the chair, the fire causes extensive smoke damage to the room before it is put out. The guest is charged with common-law arson. Should he be convicted

Answers

Yes, the guest should be convicted of common-law arson. Common-law arson is a crime in which a person burns down or otherwise destroys someone else's property willfully or intentionally.

In this scenario, the guest was charged with common-law arson as he threatened to burn down the host's house and later set the chair on fire. Based on the question, the guest became angry over the host's advances towards his wife and threatened to burn down the host's house. Later, the guest sets a chair on fire, which consumes the chair and causes extensive smoke damage to the room before it is put out. The guest has committed a common-law arson as he willfully burned down the host's chair.

Because the guest burned down the host's property and caused damage, the court would convict him of common-law arson as he acted intentionally to cause damage to the host's property. Therefore, it can be concluded that the guest should be convicted of common-law arson.

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4. Describe how the concept of judicial review protects citizens
in the United States. From whom does it protect them ? Briefly
state why and how was the concept established.

Answers

Judicial review protects citizens in the United States by ensuring the constitutionality of laws and government actions. It protects them from potential abuses of power by the legislative and executive branches of government.

Judicial review serves as a crucial check on the powers of the other branches of government, ensuring that they act within the limits set by the Constitution.Judicial review and its role in safeguarding citizens' rights in the United States. Judicial review was established by the landmark Supreme Court case, Marbury v. Madison, in 1803. Chief Justice John Marshall, in his opinion, asserted that the Court had the authority to declare acts of Congress unconstitutional.

This precedent established the power of judicial review, which remains a cornerstone of the American legal system. By holding the government accountable to the Constitution, judicial review plays a vital role in protecting citizens' rights and upholding the principles of democracy.

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In American Politics, should we alter the Constitutional
amendment process to make ratification of amendments like the Equal
Rights Amendment easier? Why or why not?

Answers

Yes, we should alter the Constitutional amendment process to make ratification of amendments like the Equal Rights Amendment easier.

The current amendment process outlined in the Constitution requires a supermajority of states to ratify an amendment, which has proven to be an arduous and lengthy process. By making it easier to ratify amendments like the Equal Rights Amendment, which seeks to ensure gender equality, we can expedite progress towards achieving fundamental rights for all citizens.

This change would reflect the evolving values and priorities of society, ensuring that the Constitution remains a living document capable of addressing contemporary challenges. Simplifying the ratification process would promote inclusivity, equality, and social justice, reinforcing the democratic ideals upon which the United States was founded.

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What political behaviors have you observed in (or engaged yourself in) school groups or your workplace? Were they successful? Why or why not? Please explain in depth
I listed two ethical questions that one should ask prior to engaging in politicking. Can you think of additional question(s) that we should ask in determining if political behavior is acceptable or not?

Answers

Political behavior is more likely when: goals are unclear; resources are scarce; non-routine technology and a complex environment are involved; non programmed decisions are made.

Political behavior includes informal attempts to influence others. This kind of behavior does not apply to formal attempts at influence that are a part of a person's job in the organization.

Seven Ways to Avoid Office Politics

Examine the organizational chart. Politics in the workplace frequently operate outside of the established organizational structure.The informal network should be known.Connect with people, improve your "people skills," and make use of your network.Be brave Politics that are negative must be eliminated.

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