Yes, Mr. Cuenca is entitled to damages for culpa contractual. Obligations stipulated in the Civil Code of the Philippines indicate that when there is a breach of contract, the aggrieved party shall have the right to demand fulfillment of the obligation, or damages resulting from non-performance.
Northwest Airlines breached its contract with Mr. Cuenca when it transferred him to the tourist class compartment without his consent, and when he objected, he was compelled rudely to move under threat of being left in Okinawa.
As a result, Mr. Cuenca was forced to move to the tourist class compartment, causing damage to his reputation, given that he was a high-ranking official of the Philippine government, and was traveling on official business.
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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?
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.Learn more about Political Behaviors:
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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.
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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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?
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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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)
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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What is causing the different political parties to oppose each
other so they can't compromise on any political concerns and find a
solution to political problems?
The reasons behind the opposition and lack of compromise between different political parties can vary depending on the specific context and country.
Ideological Differences: Political parties often have different ideologies and beliefs about how society should be governed and the role of government. These ideological differences can lead to contrasting policy positions and make compromise difficult.
Partisan Politics: Political parties are motivated to gain and maintain power. Partisan politics often prioritize party interests over finding common ground and compromising. Parties may resist compromise to maintain their base of support and differentiate themselves from their opponents.
Electoral Considerations: Parties are driven by electoral considerations, such as winning elections and satisfying their voter base. Compromising on certain issues might be seen as betraying their core principles or alienating their supporters, which could negatively impact their chances of electoral success.
Polarization and Tribalism: Over time, political discourse can become increasingly polarized, with parties and their supporters becoming entrenched in their positions. This tribalism can hinder compromise as parties view each other as adversaries rather than partners in governance.
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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?
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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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?
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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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.
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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