In order to police the profession, the state legislature has just passed a law permitting the State Plumbers’ Association the power to hold hearings to determine whether a particular plumber has violated the plumbing code of ethics, written by the association. Sam, a plumber, objects to the convening of a hearing when he is accused by Roger, a fellow plumber, of acting unethically by soliciting business from Roger’s customers. Sam goes to court, seeking to enjoin the association’s disciplinary committee from holding the hearing. What is the result? How would you argue Sam’s case? The association’s case?

Answers

Answer 1

Answer and Explanation:

Charging a fellow plumber that he is acting dishonest in removing his business is really an infringement according to the arrangements of the state council. Each body has equivalent chance to work and any nobody has the option to blame an other individual in the business. Requesting business is right according to the law. It is up to the clients who they decided for the administrations. It isn't viewed as dishonest.

If the Rodger's service are great, at that point his clients won't leave him for better service regardless of whether somebody like Sam requests business. Since, Rodger's service are not acceptable, his clients are dismissing for better benefits. What's more, Sam is at a preferred position. In business, it is right to offer decisions to the clients. What's more, it is under the tact of the clients on who they pick. Clients reserve the option to pick the best.

Any business man can advance his service but In any case, he can't support his costumers saying they can't go else where, neither one of the hes should utilize unscrupulous intends to keep them from not going else where.

The outcome will be, Rodger will be charged for disregarding the standard of mishandling a kindred handyman. I would contend Sam's case by saying that requesting isn't unscrupulous. It is a sort of an oral advancement for the service one is managing in. Along these lines, Sam requesting Rodger's clients isn't considered as dishonest.

In the affiliation, each body will have a lot of clients, and each body has the option to morally request about themselves and their business. Nobody can't limit another person's the same old thing. Clients reserve the privilege to pick what they need and whom they ought to pick.

Answer 2

Sam could argue against the State Plumbers' Association hearing by questioning the impartiality and potential conflict of interest, while the association would defend their regulatory role, expertise, and established legal precedents.

In the case where Sam, a plumber, objects to a hearing held by the State Plumbers' Association to determine if he has violated the plumbing code of ethics, several arguments could be presented for both Sam and the association.

Sam's argument might be grounded in the principles of due process, questioning the impartiality of the committee, especially if it includes his competitors, and he might argue that such delegation of authority to a professional association infringes upon his right to a fair trial. Sam could claim that this situation presents a conflict of interest and that the hearing might not be conducted in an unbiased manner, seeing as the complaint comes from a direct competitor.

On the other hand, the association's case could be built around the principle that professional bodies are often granted the authority to regulate their own members to maintain ethical standards and public trust. They might assert that the association is best suited to understand and judge industry-specific conduct, emphasizing established precedents where such arrangements have existed and functioned effectively in other professions like medicine and law. The association could further argue that their process includes mechanisms to ensure fairness and impartiality, and that their decisions are still subject to judicial review, preserving the rights of the accused.


Related Questions

The texas legislature recently passed a law that gives retailers the right to ask customers using credit or debit cards to show a photo id to prove their identity. What type of law does this represent?

Answers

Answer:

Statutory

Explanation:

Statutory law is a type of law that is written and passed by a legislature (national, state or local). This term is used to distinguish it from oral or customary law, as well as from laws promulgated by the executive or the judiciary. In this example, the law that was passed is statutory law, because it was passed by the Texas legislature.

An agent attends a conference where officers of publicly held companies give talks about their companies to increase investor awareness and to put a "positive face" on the company for the investing public. While taking a break from the lectures, the agent overhears an officer of a company, who is next up to give a speech, talking on his cell phone in the hotel lobby, where he says: "You are telling me that we have just received a Wells notice from the SEC!" The agent knows that this is new information that is not public. The agent would be permitted to:

Answers

Answer:

Talking about the conversation with a compliance officer of his firm  Accept unsolicited trades from costumers in the company's stock

Explanation:

The agent listened to another company's employee talking on the phone about confidential information, that is, private information that the agent should not be listening to, but he has heard and can use it to his company's advantage. Since no one knows that the agent has this information, he can talk about the conversation he has heard with a compliance officer at his company, and he can accept unsolicited dealings from customers on the company's stock.

Brian Hanson sustained a paralyzing injury while playing in a lacrosse match between Ohio State University and Ashland University. Hanson had interceded in a fight between one of his teammates and an Ashland player, William Kynast. Hanson grabbed Kynast in a bear hug, but Kynast threw Hanson off his back. Hanson's head struck the ground, resulting in serious injuries. An ambulance was summoned, and after several delays, Hanson was transported to a local hospital where he underwent surgery. Doctors determined that Hanson suffered a compression fracture of his sixth spinal vertebrae. Hanson, now an incomplete quadriplegic, subsequently filed suit against Ashland University, maintaining that because Kynast was acting as the agent of Ashland, the university was therefore liable for Kynast's alleged wrongful acts . Was Kynast an agent of Ashland?

Answers

Answer:

No

Student-athletes usually sign a contract to prevent such liabilities to the Universities, saying that they give up compensation and representation.

But if Hanson's attorneys were able to successfully prove civil wrong by using the law of torts then Kynast and Ashland would be liable. Torts include most non-contractual wrongs.

Explanation:

Tort law refers to laws that provide settlements to individuals who have suffered harm by the acts of another. The law of tort is based on the idea that someone is liable for the consequences of their actions, whether accidental or intentional, if they cause harm to another person or entity.

Torts are the civil wrongs that form the basis of civil lawsuits.

If an agent commits a tort and negligently injures a third party in the course and scope of the agent relationship, they may also be liable to the third party for the wrongful injury.

Final answer:

Determining if Kynast was an agent of Ashland University involves understanding the principles of agency law and the extent of the university's control over his actions. Hanson's severe injury leading to quadriplegia emphasizes the gravity of spinal cord injuries. The university's potential liability on the agency relationship between Kynast and Ashland.

Explanation:

Whether William Kynast was acting as an agent of Ashland University when the injury to Brian Hanson occurred is a complex legal question involving the principles of agency law. In agency law, an agent is someone who is authorized to act on behalf of another person or entity (the principal) in dealings with third parties. The concept of agency implies a certain level of control by the principal over the actions of the agent. In this case, whether Kynast can be considered an agent of Ashland University would depend on the nature of his relationship with the university, particularly whether the university had any control over his actions during the lacrosse match.

Injuries such as Brian Hanson's, which resulted in his becoming an incomplete quadriplegic, demonstrate the serious consequences of spinal injuries. The spinal cord, encased in the vertebrae and cushioned by cerebrospinal fluid, when damaged, can result in paralysis and loss of function below the point of injury. This underscores the importance of emergency response and proper handling of suspected spinal injuries to prevent further harm.

A mayoral election is about to be held in Bay City. One of the candidates is Donita Estrella, and her supporters wish to post campaign signs on streetlights and utility posts. A Bay City ordinance prohibits the posting of signs on public property. The purpose of the ordinance is to improve the appearance of the city. Estrella’s supporters con-tend that the ordinance violates their rights to free speech. What factors might a court consider in determining the con-stitutionality of this ordinance? (

Answers

Final answer:

In determining the constitutionality of the ordinance, a court would consider factors such as whether it is the least restrictive means to achieve its objective if it is content-neutral, and relevant precedents and case law related to free speech.

Explanation:

In determining the constitutionality of the ordinance that prohibits the posting of signs on public property, a court would consider several factors. First, the court would assess whether the ordinance is the least restrictive means available to achieve its stated objective of improving the appearance of the city. If there are alternative measures that would serve the same purpose without unduly infringing on free speech rights, the court may find the ordinance unconstitutional. Second, the court would evaluate whether the ordinance is content neutral. If the ordinance only prohibits certain types of signs based on their subject matter, it may be deemed unconstitutional. Finally, the court would consider any relevant precedents and case law related to free speech rights and restrictions.

Yates v. U.S.

135 S.Ct. 1074 (2015)

FACTS: John Yates, a commercial fisherman, caught undersized red grouper in federal waters in the Gulf of Mexico. To prevent federal authorities from confirming that he had harvested undersized fish, Yates ordered a crew member to toss the suspect fish into the sea. Yates was charged with obstruction of justice through destruction of the small red grouper fish.

DECISIONS BELOW: Yates was convicted and appealed. His conviction was upheld. He appealed to the U.S. Supreme Court.

ISSUE ON APPEAL: Is the release of fish back into the sea obstruction of justice?

DECISION: A split court held that the fish were not "tangible objects" for purposes of the obstruction of justice statute. The court held that the statute was passed to cover files and electronic records and not tangible objects such as fish. The court held that the statute was passed in the wake of financial and ethical collapses in companies and was not intended to have generic application. It was directed at electronic files and documentation, not tangible objects such as fish.

Using information from academic sources, answer the following questions in 1000 words (minimum):

i.Why does the dissent think the majority made the decision it did?

1000 words (minimum) required and it is Legal, Ethical, and Social Environment subject.

Answers

это имеет смысл, так что, возможно, он мог увидеть все остальное, пройдя тест снова

4. Robert worked as a bus driver for Greyhound. One night the bus he was driving rear ended a tractor trailer. Seven passengers on the bus were injured. The passengers filed negligence lawsuit against Greyhound, the passengers, as Plaintiffs, alleged Greyhound allowed Robert to drive the bus when they knew his vision was impaired. The Plaintiffs want Robert to undergo a vision test. Robert refuses. Can the court order Robert to have a vision test? Explain.

Answers

Answer:

Yes he should go take a eye test

Explanation:

The court can do whatever the seem to deem well so they can ask him to got take a vision test so he doesn't have any problems with is eyes even though he crashed he may have night time eye problems

Donnie robbed a bank in Manhattan (a borough of New York City). The FBI and the New York City Police Department were both involved in the investigation. Bank robbery can be charged under New York State Penal Law Section 160.15 (First degree robbery, a Class B felony with a maximum sentence of 25 years) or Bank Robbery under 18 U.S.C. 2113 (maximum sentence 20 years).If the case is filed as a federal crime, what rules of evidence will apply?

Answers

Answer

All rules of evidence stated in Federal Rules to Criminal Procedure will apply.

Explanation:

If Donnie's bank robbery case is filed as a federal crime, the Federal Rules of Evidence will be the applicable set of rules for the handling of evidence throughout the legal proceedings.

When a crime is prosecuted as a federal offense, the Federal Rules of Evidence govern the admissibility of evidence in the case. These rules are a set of regulations that dictate how evidence is gathered, presented, and considered in federal courts. They cover a wide range of topics, including the types of evidence that can be admitted, the procedures for introducing evidence, and the standards for evaluating the reliability and relevance of evidence.

The Federal Rules of Evidence are distinct from state rules of evidence, which would apply if the case were prosecuted under state law. Although there may be similarities between federal and state rules, there are also significant differences that can affect the outcome of a case. For example, the Federal Rules of Evidence have specific provisions for the authentication of electronic evidence, the use of expert testimony, and the handling of hearsay, which may differ from state evidence rules.

In the context of a bank robbery prosecuted under 18 U.S.C. 2113, the Federal Rules of Evidence would be used to determine whether evidence obtained during the investigation can be presented at trial, how witness testimony is handled, and what kind of information can be shared with the jury. This ensures a consistent approach to evidence in federal cases across the United States, regardless of the state in which the crime occurred.

what is the number one draft person in social government
1-Donald trump

2-Barack Obama

3-Hillery Clinton
Please help on this question?

Answers

Answer:

trump

Explanation:

im not sure about this

Answer:

Currently, the number one draft person in social government  is Donald Trump.

Explanation:

Donald John Trump is the 45th President of the United States. He won the presidential election as the Republican Party candidate in November 2016 and took office in January 2017.

Before becoming president, Trump became known as a corporate executive, billionaire, writer and television personality. He started his career with his father, real estate mogul Fred Trump. Later, Trump took over the company's leadership, which was renamed Trump Organization. During his business career, Trump has been active in the real estate, casino and hotel industries.

In 2015, he announced he would seek the Republican Party's presidential nomination in the 2016 election. He reached the required number of MPs in May 2016. He won the 2016 presidential election against Hillary Clinton, and swore in on January 20, 2017.

Trump is predominantly a right-wing conservative and a populist. In his election campaign, he promised, among other things, to prioritize US interests, reduce illegal immigration, reduce taxes and increase jobs.

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