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I Need Some Assistance With Legal Advice?
Hello. I Needed Some Ideas For The Following Problem: Jack, 11 Years Old, Assaults Jane 9 Years Old. Should His Mother Be Held Criminally Liable? I Need Some Ideas Only As To Why She Should Be Held Criminally Liable, And Also Arguments Supporting Why She Should Not Be Held Criminally Liable. Thanks!
There was a time when parents were held responsible (and therefore could be held criminally liable) for the actions of their children, but for the most part those days are past. I believe the reasoning is that children are going to do what they're going to do no matter what the parents do or say. Even if a parent does everything they possibly can to "raise their son/daughter right" that child may still break the law or become violent, and it's not like the mother can control the child's behavior or watch their child 24/7.
These days, the appropriate remedy is to hold Jack responsible for the criminal act of assault (which means he would go to court and could get probation or juvenile detention or whatever) and the mother could be sued in civil court for the personal injury suffered by Jane. Usually the mother would be held liable for all medical costs, but she may also be held liable for permanent injury or disability, pain and suffering, time Jane's mother or father missed work having to take Jane to the doctor/hospital/physical therapy, etc.
IMHO, it's a stretch to hold the mother criminally liable because she wasn't the one who committed a criminal act. And again, no matter how good a mother she is and no matter how hard she tries to raise Jack to respect and obey the law, it's ultimately his choice as to whether he's going to be a law-abiding citizen or not.
Can I Sue The Hospital For Wrongful Death?
Well Lets Go From The Beginning. My Grandpa Used To Live In Dixon, Illinois. Before The Time Of The Death He Was At His 80'S, But He Was Healthy Indeed(As Much As Our Family Knew). He Had Plans To Come Visit Us, In Europe. But Unfortunate He Had To Undergo Some Kind Of Operation In The Neck Not Sure For What, But We Were On His Side Because We Had More Trust In The Hospitals There Than Here In Europe, Especially In My Country. He Got Operated At Katherine Shaw Bethea Hospital, In Dixon. I Believe The Operation Was Faulty, As The Doctors Made A Mistake. After The Operation He Was Very Sick, And Later Died After A Heart Attack And A Stroke. How Is This Possible? Is This Classified As &Quot;Wrongful Death&Quot;? We Didn'T Get Any Death Report From The Hospital, And When I Tried Contacting Them About Sending Us The Death Report They Didn'T Email At All. I May Be 16, And Not Understand Stuff But That'S Why I Am Asking For Your Help. Kind Regards.
Ps: All Of This Happened 1Year Ago, May.
can you PROVE that the hospital acted in any way that contributed to your grandfathers death? even if they did you would not have a case for wrongful death, you would have a case for medical malpractice. to find out if you have a case you would have to hire a malpractice lawyer and have all of the relevant documents subpoenaed and analyzed. this would take tens of thousands of dollars
Is Obscene Material Legal In Canada?
Is Obscene Material Legal In Canada? If So, What Is Allowed And What Isn'T? I'M Trying To Compare The United States Creative Speech Rights Compared To Canada. Any Help?
s.163 of the Criminal Code prohibits the making, printing, publication, distribution, and circulation of obscene materials. (Also prohibits possession for the purpose of publication, distribution, or circulation.) There are further prohibitions regarding child pornography and 'crime comics'.
It defines obscene material as "any publication a dominanct characteristic of which is the undue exploitation of sex, or of sex and any one or more of the following subjects, namely, crime, horror, cruelty and violence".
On its face, most of prime time TV should be caught by that. ;-)
The judicial interpretation is pretty important in this context. And highly complicated. What makes exploitation of sex 'undue'? There are a number of tests to figure that out. Then on top of that, the courts have somewhat read down the statute to accord with freedom of expression rights, reluctant to find that something's obscene unless there's a good public policy reason for prohibiting the particular material. So there's no easy answer to the question of what's obscene.
What Steps Do An Attorney Have To Go Through To File A Medical Malpractice Law Suit?
I Know Once You File A Law Suit, They Review The Records With Specialists. But, Once They Have Determined They Have A Case, What Are The Steps After That? Does The Person Filing Have To Be At Any Depositions?
Obtain all medical records.
Send to medical specialist for review and opinion.
If opinion is malpractice occurred then file lawsuit.
Information exchanged between parties. Depositions, interrogatories production requests etc.
Motions as needed for something as small as compelling other party to turn over information all the way to asking the court to decide the case outright.
Trial of case.
Appeal may follow.
Deposition is a sworn statement given in presence of all the lawyers with a court reporter taking down everything the witness says. Useful for getting information from fact witnesses and opinions from opposing experts. If contradicted at trial can be used to impeach witness by reading to the jury or court what was earlier stated.
Unmarried Parents, Custody Agreement ?
Okay, So I Am So Stressed Out About This. I'M Due In Less Than 5 Weeks, And This Has Not Been Settled. My Boyfriend And I Are Having Our Baby Girl Soon And He Wants To Have Joint Custody. My Mother Feels Strongly That I Should Have Sole Custody For Stability For Carson (My Unborn Daughter). My Boyfriend And I Have Been Together For A Long Time And I Know That He Will Be There To Support Our Daughter. I Just Don'T Know What To Do Since We Aren'T Married. We Do Plan To Get Married Within The Next Two Or Three Years, We'Re Just Not In The Situation We Want To Be In When We Get Married (Steady Jobs, House, Stable Income). Please Do Not Critize Me. I Know That I'M Young And Should Have Thought Of This Before I Made The Decision To Have Sex. I Am Fully Aware. I Just Need Some Advice, In Your Opinion What Would Be The Best Custody Agreement For Our Daughter?
You don't say anything about living situations of whether you and your boyfriend live together or in different places.
Since you guys are dating and you both get along, I don't see why you need a custody agreement at the moment. You both are going to have to work together to make sure that she's taken care of and has everything she needs however at first, you will be the 1 that she is with the most. Custody agreements are geared towards people who aren't together and have problems making agreements among themselves.
Also keep this in mind, when your child is born, make sure he signs the birth certificate. With married couples, it is presumed that the husband is the father of the child but in situations with unmarried couples, there is no presumption of paternity!
I provided a link you could check out that might help with questions you might have!
What Does Islam Say About People With Brain Injuries?
I Am A Social Worker And I Work With A Muslim Family. It Is My Job To Help The Son, Who Has Had A Brain Injury, To Live With His Family And Not Need To Go To A Nursing Home.
The Son Was Very Rebellious Before His Injury And Did Not Live As A Devout Muslim, Although His Family Has Always Been Observant. He Has Children With A Non-Muslim Woman And He Says He Has No Desire To Pray.
The Family Have Said It Is Their Duty To Make Him Live As A Devout Muslim, Since He Cannot Make Choices For Himself Due To His Injury. He Makes Choices All The Time, Though - And Sometimes Chooses Things That Are Halal. My Training And The Rules Of My Agency Say That I Should Help Him Do What He Wants, Even If He Wants To Do Things That Are Not Consistent With Islam. However, This Is Not Acceptable To His Family.
This Situation Is Very Difficult For Everyone Because, When This Man Is Not Allowed To Make Any Decisions For Himself, He Becomes Very Depressed And Talks About Wanting To Die. However, When He Is Encouraged To Make Choices For Himself, The Family Yell At Him And Become Upset With His Staff.
My Questions Are These: What Does Islam Say About People With Brain Injuries Being Able To Choose For Themselves? Must This Man Do Everything His Family Tells Him (When To Eat, What Music To Listen To, What Clothes To Wear, When To See His Children), Or Is It Permissable For Him To Choose Things For Himself As Long As They Are Not Halal? How Can I Learn Which Things Are Allowed And Which Are Not?
I Hope Somebody Can Help Because I Cannot Talk To The Imam Here. The Islamic Community Is Small Enough That He Would Know Who I Am Talking About And It Would Violate Confidentiality.
Thank You For Your Help.
If a person does not have his faculties to make his own decision, then the Muslim community has a duty to help him. It doesnt mean that he is forced into things....
I would recommend that you review various web sites such as