Saturday, February 22, 2020

Love brief a case Essay Example | Topics and Well Written Essays - 500 words - 2

Love brief a case - Essay Example The duo purchased recording equipment and recorded conversations with officials with a view to proving harassment and spoke of filing a law suit. It was the constant encounters with the authorities that ultimately gave way to a plan to kill certain officials. After Green informed the detective of his suspicions, he agreed to wear recording equipment in conversations with the appellant. Thereafter, Green turned over a recorded conversation he had with the appellant in which the plans were discussed. The threat was deemed serious and the FBI were brought in. Thereafter the appellant and his girlfriend were under surveillance. Identified victims were informed and some relocated out of fear. Subsequent conversations between Green and the appellant were recorded and the appellant and his girlfriend began purchasing equipment and making plans in furtherance of the plan. As the appellant and his girlfriend at a store purchasing the last of the equipment they were arrested. The appellant gav e his consent to a search of his home and shop in which equipment for making a bomb was discovered. Other equipment was discovered at the appellant’s shop. Although the appellant’s Miranda rights were read to him, he waived the right to remain silent and offered various explanations for the equipment found in his possession. Legal Issues: The appellant raised several issues on appeal. The evidential grounds related to a complaint that the was not enough evidence to convict him on the RICO charge. The appellant also argued that prior bad acts were improperly admitted into evidence and that allowing victim impact evidence deprived him of his right to a fair trial. Legal Reasoning: The Supreme Court of Ohio reasoned that victim impact evidence was properly admitted by the trial judge because it demonstrated the seriousness of the offences. The court also reasoned that the appellant’s claim of insufficient evidence on the RICO count was without

Thursday, February 6, 2020

Utilitarian Issues Case Study Example | Topics and Well Written Essays - 1250 words

Utilitarian Issues - Case Study Example The final utilitarian issue to be explored is whether the company should just honour the obligations of its shareholders and stop the contract with the pacemaker company. Utility Test The utility test looks into several factors in choosing the best approach to solving a dilemma. Using the utility test we have to deduce the outcomes of the decision to be undertaken by the board of directors of the transistor company. Several solutions will be put forward for consideration and the best decision that will be chosen will concentrate on the happiness of all stakeholders. Step 1: In the case of the transistor company and the pacemaker company. Several solutions exist and we have to choose the best alternative other than the suggested solution. The first step would be for the directors to analyze the results of their intended decision. In this case, we take a look at the three solutions put forward by different directors. The main criteria to be used in deciding the best solution will facto r in happiness, the directors’ preferences and the cost of undertaking the decided solution (Mill 66). Step 2: Using the utility test, we look at the solutions brought forward by the different stakeholders. The first solution will analyze the effect on the company being bought and on its shareholders and employees. ... However, the transistor company has the intention of annulling the contract since it is not happy with undertaking business with the pacemaker company. Step 4: The decision undertaken by the directors of the transistor company had different ideas on the best solution. Moreover, there was no policy guideline on how to make the correct decision. There were no policies to guide on making the correct decision since the pacemaker technology was quite new in the medical field (Mill 172). As a result, the directors had to look into the ethical implications of their decision and the effect happiness of all stakeholders. Alternative solutions have to be developed in accordance with the utility tests and these decisions will consider the groups that the alternative decision would affect. In the case of our company, the best alternative solution would be to an acquisition by the pacemaker company. This alternative would save the pacemaker company from going under and at the same time help in th e continuous production of pacemakers (West 83). However, this solution would disadvantage the company and its other customers other than the pacemaker company. Rights Test A rights test is conducted with the main aim considering the respect of human rights. In the case of the Pacemaker Company and Transistor Company the rights of different stakeholders are analyzed. Step 1: The directors of the pacemaker company have the right to property and they make decisions on behalf of the company. However, while exercising their rights the directors cannot infringe the rights of the directors and employees of the pacemaker company from making a living. Patients who receive the pacemakers also have a right to life and good healthcare and thus their rights also have to