Civil homework help

Use Internet resources to address the following scenario: You are a correctional officer at the state prison. One of the inmates reveals to you his knowledge of the whereabouts of contraband in your facility. You promise the inmate—who has deceived you two times earlier—not to tell authorities about his involvement if he reveals the location of the contraband. After he provides you with the information, you reveal his involvement to the authorities
Using the concept of paradigms of laws and Kant’s ethical formalism, write a 4- to 5-page justification report in Microsoft Word document. In your report, include:
The paradigm of law your actions define and give reasons.
A justification of whether you lied to the inmate.
How you treated the inmate—explaining whether you treated the inmate with respect.
An explanation of whether the actions would be considered universally acceptable.
An analysis of whether this is a form of retributive justice with reasons to support your analysis.
An analysis of Kant’s ethical formalism in view of the given scenario.
Support your responses with examples

Civil homework help

Use Internet resources to address the following scenario: You are a correctional officer at the state prison. One of the inmates reveals to you his knowledge of the whereabouts of contraband in your facility. You promise the inmate—who has deceived you two times earlier—not to tell authorities about his involvement if he reveals the location of the contraband. After he provides you with the information, you reveal his involvement to the authorities
Using the concept of paradigms of laws and Kant’s ethical formalism, write a 4- to 5-page justification report in Microsoft Word document. In your report, include:
The paradigm of law your actions define and give reasons.
A justification of whether you lied to the inmate.
How you treated the inmate—explaining whether you treated the inmate with respect.
An explanation of whether the actions would be considered universally acceptable.
An analysis of whether this is a form of retributive justice with reasons to support your analysis.
An analysis of Kant’s ethical formalism in view of the given scenario.
Support your responses with examples

COURT SYSTEM AND ADMIN

Visit the American Correction Association at:  http://www.corrections.com and the National Institute of Corrections: http://www.nicic.org/ The Sentencing Project is a source for criminal justice policy analysis, data, and program information for policymakers and the public: http://www.sentencingproject.org/.  Using the search term “discrimination in criminal justice administration,” find two or more articles that discuss racial discrimination in sentencing. To what extent do they make the distinction between imbalance and discrimination?
5-7 pages, APA Format 12 Font,Please answer all questions and follow instructions Please do not plagiarize I check everything on grammerly.

Civil homework help

For years, 28 year old Lou Sohn has been trying to make it as a musician. He has played bars from Maine to California. He has had some songs he wrote and recorded played on college radio. He was a first round contestant on American Idol, but was cut before making it to Hollywood. He is getting ready to give up the business when a friend arranges an audition for Lou with Ashley Alan Dicker, of ADD Records, a twenty year old record label that has had a few hits, but never broken into the big time.
Lou’s audition seems to go well. Ashley called Lou up a week later and gave him the good news. “Lou, baby,” Ashley said, “I think you’ve got “IT” ADD is going to make you a big star. Who are your manager and lawyer.
Lou tells Ashley he has never had a manager or lawyer before. “That’s a good thing,” says Ashley, “they just waste time and money. Trust me baby, I will be the one looking out for you.”
Lou can’t believe his good fortune. Ashley hands him a 15 page contract and says, “Just sign it baby. It is a standard contract. We advance the money for the recordings, we distribute, you get the first $5,000 gross income and then we split everything down the middle .” Ashley hands Lou a shiny gold pen. Lou hesitates. “What’s the matter baby?” Ashley asks. “Well, honestly, I am broke,” says Lou, “Is it possible to get any money up front?’
Ashley pulls out his checkbook. “I like you baby, we are going to do great things. Sign right now and I will give you a $500 advance.” That was all Lou needed to hear. He didn’t even read the contract, he just signed it on the spot.
Lou recorded his first CD for ADD, “Out of My Cave.” It got some alternative rock air play, but never caught on with Itunes. After six months, total sales were only $8,500. Lou wasn’t thrilled, but still, he could use the money. He wrote to ADD and asked for his $5,000 in first royalties plus 50% of the remaining $3,500 for a total of $6,750. ADD’s accounting department responded by sending him a bill:
INVOICE
Recording costs
Studio time $ 3,700
Engineers $ 2,700
Producer advance $ 5,000
Total Recording costs $ 11,400
Promotion costs $ 3,700
Total Costs $15,100
Less credit for sales $ 6,750
TOTAL BALANCE DUE $ 8,350
The hottest movie this summer is the block buster super hero film “The White Knight Ascends.” Lou goes to see it and is shocked to find that “Out of My Cave” is played several times in the movie. It appears ADD licensed Lou’s song to the film for $100,000. When Lou calls ADD to ask about it, he is told that all the licensing money belongs to ADD.
Lou comes to you asking for help. He brings his contract with him. By now he has tried to read it, but cannot make heads or tails of it. In looking it over, you see that some of the relevant provisions are as follows:
“17 C – Sohn agrees to pay, or to reimburse ADD, for all recording costs including, without limitation, all costs related to the use of the studio, hiring of engineers and producers, and all promotion costs.”
“41 F – Sohn grants ADD all rights to the songs written by artist and the Master recordings of such songs as are included on any recordings produced pursuant to this agreement. Without limitation, this shall include the right to license such masters and underlying songs for use in motion pictures. And Sohn hereby waives any claim to the income from such license”
What can Lou do (with your help, of course)? Analyze the strengths and weaknesses of his case.  MUST INCLUDE CASE LAW

Civil homework help

Dylan enters into a franchise agreement with The Massage Garage (“TMG”) , a national massage chain located primarily in shopping malls and airports. Dylan’s franchise is located in the Syracuse New York Airport. His agreement with TMG provides that TMG will not license another franchisee at a location closer than 12 miles from Dylan’s location. The agreement also identifies Dylan’s location as “Syracuse, New York Airport.”
Eighteen months later, Dylan is doing well with his business, but learns that TMG is planning on licensing a franchise to Warren in the Carousel Mall in Syracuse. The mall is 13 miles by car from Dylan’s storefront, but only 11.5 miles from the Eastern most edge of the Syracuse Airport.
Dylan writes to TMG, protesting and stating that this is a violation of his franchise agreement. He states that the 12 mile rule means the shortest distance from his location, the Syracuse Airport to the other location, the Carousel Mall, which is 11.5 miles. TMG responds by sending him a copy of a brochure they send to all potential franchisees prior to contracting which states that “You have location protection. We will not open another Massage Garage location closer than 12 miles from your storefront.”
Dylan also has an email he got from TMG just before they signed the agreement. The email promises that if Dylan takes a TMG franchise, and is still in business a year later, that TMG will give him a right of first refusal on any new TMG franchise opportunities within 15 miles of your franchise. TMG never contacted Dylan before granting the new franchise to Warren.
Dylan files suit to enjoin TMG from granting Warren the new franchise and to get a declaratory judgment that he has a 15 mile right of first refusal on future franchises.
Discuss both side’s arguments

Civil homework help

Dylan enters into a franchise agreement with The Massage Garage (“TMG”) , a national massage chain located primarily in shopping malls and airports. Dylan’s franchise is located in the Syracuse New York Airport. His agreement with TMG provides that TMG will not license another franchisee at a location closer than 12 miles from Dylan’s location. The agreement also identifies Dylan’s location as “Syracuse, New York Airport.”
Eighteen months later, Dylan is doing well with his business, but learns that TMG is planning on licensing a franchise to Warren in the Carousel Mall in Syracuse. The mall is 13 miles by car from Dylan’s storefront, but only 11.5 miles from the Eastern most edge of the Syracuse Airport.
Dylan writes to TMG, protesting and stating that this is a violation of his franchise agreement. He states that the 12 mile rule means the shortest distance from his location, the Syracuse Airport to the other location, the Carousel Mall, which is 11.5 miles. TMG responds by sending him a copy of a brochure they send to all potential franchisees prior to contracting which states that “You have location protection. We will not open another Massage Garage location closer than 12 miles from your storefront.”
Dylan also has an email he got from TMG just before they signed the agreement. The email promises that if Dylan takes a TMG franchise, and is still in business a year later, that TMG will give him a right of first refusal on any new TMG franchise opportunities within 15 miles of your franchise. TMG never contacted Dylan before granting the new franchise to Warren.
Dylan files suit to enjoin TMG from granting Warren the new franchise and to get a declaratory judgment that he has a 15 mile right of first refusal on future franchises.
Discuss both side’s arguments

Civil homework help

Assume that you are lucky enough to own 200 acres of land in a beautiful valley. Your land begins about half way up the hill and slopes gently down to a stream, which runs through the valley. The central portion of your land has been cleared just enough to give you a spectacular view across a meadow you own, which is filled with wildflowers, is edged by large trees, and slopes gently down to the stream. Your house is at the top part of your land, close to the one road that goes through the area.
On the other side of the highway, 100 acres of land is owned by someone who has lived in the area for years, and like the rural character of the area, but is financially tempted to subdivide the land if that becomes feasible. Your neighbor’s house is situated so that he also benefits tremendously by the view across your land to the stream.
Right now, your neighbor seems interested in making a deal with you that if you will not increase the height of your house, which would block his view of the stream, then he will not subdivide his land. Thus, the rural character of the area would be preserved – at least for a time.
As a lawyer, you realize the conditions may change, so the permanent restrictions (such as easements) would not be appropriate for either you or your neighbor. But you would like to impose some restrictions on both pieces of land so that, for the foreseeable future, the rural character of the land will be preserved.
Draw up an equitable servitude that will appropriately restrict the height of buildings to be built on your land in the future. And ALSO draft an appropriate equitable servitude for your neighbor to place on his land – limiting subdivision and constructions of additional buildings.

Civil homework help

Assume that you are lucky enough to own 200 acres of land in a beautiful valley. Your land begins about half way up the hill and slopes gently down to a stream, which runs through the valley. The central portion of your land has been cleared just enough to give you a spectacular view across a meadow you own, which is filled with wildflowers, is edged by large trees, and slopes gently down to the stream. Your house is at the top part of your land, close to the one road that goes through the area.
On the other side of the highway, 100 acres of land is owned by someone who has lived in the area for years, and like the rural character of the area, but is financially tempted to subdivide the land if that becomes feasible. Your neighbor’s house is situated so that he also benefits tremendously by the view across your land to the stream.
Right now, your neighbor seems interested in making a deal with you that if you will not increase the height of your house, which would block his view of the stream, then he will not subdivide his land. Thus, the rural character of the area would be preserved – at least for a time.
As a lawyer, you realize the conditions may change, so the permanent restrictions (such as easements) would not be appropriate for either you or your neighbor. But you would like to impose some restrictions on both pieces of land so that, for the foreseeable future, the rural character of the land will be preserved.
Draw up an equitable servitude that will appropriately restrict the height of buildings to be built on your land in the future. And ALSO draft an appropriate equitable servitude for your neighbor to place on his land – limiting subdivision and constructions of additional buildings.

Civil homework help

Scenario
You are the manager of the Medical Records Department at Rasmussen Hospital and were recently reviewing the organization’s current Document Retention Policy (linked below).

The current policy addresses the retention and destruction of medical records in the normal course of business. However, you noticed that it does not include instructions for how employees should respond to a litigation hold. Ultimately, the policy will need to be updated, but in the meantime, you decide to create a short training document to educate the staff.
Instructions
In a two (2) page training document, written using proper spelling and grammar, as well as professional tone and vocabulary, address the items below.

  1. Differentiate between the three (3) legal terms below by explaining each and comparing them to one another.
    1. Litigation Hold
    2. Notice of Preservation
    3. Order for Preservation
  2. Provide instructions explaining how the staff should handle a litigation hold.

Your training document should be well organized and include appropriate headings/subheadings. Be sure to incorporate and cite at least one (1) credible, scholarly resource using APA format.
Rasmussen Hospital: Medical Record Management
Policy # Policy Title: Effective Date: Revision Date: Forms #:
Policy
6.01
Document Retention 10/23/2003 05/01/2019
None
It is the policy of Rasmussen Hospital to apply appropriate and cost effective management techniques to maintain complete and accurate records. Records are retained in accordance with all applicable laws and regulations and this policy. The purpose of this policy is to establish the policy and procedures for the creation, use, maintenance, retention, preservation and disposal of Rasmussen Hospital’s records in order to:
1) Meet current Company needs in record storage (or other electronic media) and retrieval systems
2) Ensure compliance with the various governmental regulations concerning document retention
3) Ensure uniformity in records retention throughout the Company
1) Records shall not be destroyed before the prescribed retention period has expired. Records shall not be retained for longer than the prescribed period without first contacting the applicable department head.
2) Retention periods are specified for original documents only, unless otherwise specified. Duplicates of original documents should generally be properly destroyed after use, unless the retention of such duplicate original document is necessary to support current operations. If duplicates are retained, they should be properly destroyed after they have served their purpose.
3) Records containing confidential and proprietary information will be securely maintained, controlled and protected to prevent unauthorized access.
4) All records generated and received by Rasmussen Hospital are the property of Rasmussen Hospital. No Rasmussen Hospital employee, by virtue of his or her position, has any personal or property right to such records even though he or she may have developed or compiled them.
5) Any unauthorized destruction, removal or use of such records is strictly prohibited.
6) No person shall falsify or inappropriately alter information in any record or document. Information pertaining to unauthorized destruction, removal or use of Rasmussen Hospital records or regarding falsifying or inappropriately altering information in a record or document must be reported to management.
General Information
Page 1 of 5
Rasmussen Hospital: Medical Record Management Policy 6.01 Document Retention
Procedure
The following special considerations apply to the application of Rasmussen Hospital Document Retention policy and procedure.

  1. 1)  Records Relevant to more than one category When records may be subject to more than one category and corresponding retention period, employees must use the longest retention period.
  2. 2)  Copies Only one copy of each record must be retained to comply with record retention requirements.
  3. 3)  Exceptions Any exceptions to Rasmussen Hospital’s Document Retention policy and procedure may be made only after consultation with the Compliance or Legal Department.
  4. 4)  Assistance Employees should never guess as to the retention period applicable to a particular record or category of records. Any questions in this regard should be directed to the Supervisor/Manager who shall consult with the Compliance or Legal Department as appropriate.

Last Reviewed: 05/01/2019
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Rasmussen Hospital: Medical Record Management Policy 6.01 Document Retention Rasmussen Hospital Document Retention Resource
Record Type
Medical Records of Patients
Medical Records of Patients – Minors
Retention Period
10 years from date of discharge
10 years from the date the minor turns 18 years of age
Current +7 Years
Current Year + 2 years Current Year + 1 year
Comments
Follow state regulations regarding Medical Record retention when stricter
Follow state regulations regarding Medical Record retention when stricter
From policies 5.25, 5.26 and 5.30
NA
Per HIPAA Policy H-21A procedure 5
Any items scanned and attached to electronic medical record
Until verification is completed by the patient service specialist to ensure all documents are scanned, attached to the electronic medical record and legible.
Appointment / Schedule Book
Current Year + 2 years
Patient schedules that are maintained or modified on paper must be retained as noted in“retention period”. Electronic schedules (i.e., TherapySource) that can be recalled from a computerized system are not required to be retained in a paper format.
Informed Consent General release Forms; Program Agreements/Release Waivers
Patient Sign-In Sheets Fax Cover Sheets
Daily Close Reconciliation Packet

  •   Co-pay pack (Co-pay Checklist /
    Daily Receivables log, TS Copay Collections Report, InstaMed Deposits Report, signed credit card receipts, scanned money orders)
  •   TS End of Day Reconciliation Report
  •   TS Completed Notes Report
  •   Accepted Visits / Rejected Visits
    Report
  •   RT Billing Coding Edit Report
  •   RT Billing Reconciliation Report
  •   Daily Charge Reconciliation
    Report
  •   Batch Information Report
  •   RT Charges Posting
    Reconciliation Report

Most current 15 months unless otherwise noted below
CBOs will retain for co-pay pack for 10 years with the exception of original credit card receipts.
Manual Charge Tickets
Until verification is completed by the patient service specialistto ensure all documents are
Page 3 of 5
Rasmussen Hospital: Medical Record Management Policy 6.01 Document Retention Rasmussen Hospital Document Retention Resource
Record Type
Organizational Charts
Invoices
Signed staff time cards
Customer Complaint Forms Net Promoter Surveys
Clinical Operations Policy and Procedure Manual
Center Handbook Documents
Retention Period
scanned, attached to the electronic medical record and legible.
Until superseded by new organizational chart
Current + 1 year Current + 7 years
Current year + 6 years Most recent 4 quarters Current policies
Current + 1 year unless otherwise noted below
Term of Contract + 6 years
Term of employment + 5 years
Current + 7 years
Term of employment + 2 years
Term of employment + 2 years
Comments
NA
NA NA
NA NA NA
Management reports (Examples: Income statements, KPI reports, referral tracking reports)
While useful in the center
Any reports generated from the RMT or Oracle system do not need to be retained in hard copy.
Administrative Logs (staff schedules, day-to-day management of office personnel / functions, petty cash requests)
Current + 3 years
NA
Clinical Quality Assurance Audits
For audits completed by hand or Excel spreadsheets, maintain current year plus previous year.
Audits entered into the SM QA database, NA
NA

  •   Equipment Calibration
  •   Safety Procedures pertaining to
    security of patients and/or
    employees
  •   Evacuation drill reports
  •   Safety Inspections of building or
    equipment
  •   Meeting Minutes

Current year + 3 years.
Includes all records documenting the inspection of facilities for potential safety hazards
Contracts – Medical Director, Contract Employees and Lease Agreements
Personnel Files of Employees and other employee records (unless noted below)

  •   Employee Medical Records
  •   Performance Appraisals / Compensation Adjustments / Awards and recognition
  •   Company sponsored education

Keep the previous year’s records in a separate folder to decrease size of the Center Handbook.
NA NA
NA NA
NA
Page 4 of 5
Rasmussen Hospital: Medical Record Management Policy 6.01 Document Retention Select Medical Outpatient Division Document Retention Resource
Record Type
Job related accidents and injuries
Employee Exposure Incidences or documents recording incident
Retention Period
Current Year + 5 years NA 30 Years NA
Permanent NA Permanent NA
Comments
 
Incident Reports
Record Destruction – records supporting the documentation of destruction of medical records
Destruction of Records:
a) Medical records shall be shredded or after they have been retained the greater of the following: i. Company policy as outlined in policy 6.01 (Document Retention),
ii. State law if more stringent, or
iii. Unique contractual requirements (if applicable)
b) Where required by law, notice of record destruction will be reported to the appropriate agency in accordance with stated statutes, rules and regulations.
c) The Regional Director or Market Manager shall be responsible for ensuring there is a mechanism to destroy the old records and that destruction is completed properly.
d) During the course of normal daily activities, parts of the patient’s medical record may be copied for business purposes. These copies shall be destroyed by shredding once their purpose is completed.
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