scholarly journals Legal Requirements and Liabilities of Canner as Well as Equipment Supplier

Author(s):  
Donald B. Wilcox

To undertake to speak on this subject perhaps indicates that one is in need of a mental examination, and to actually talk on the subject one needs a crystal ball and the clairvoyance and prognosticative abilities of a Jeane Dixon. However, as I often participate as an expert witness in various cases involving liability I did have the temerity to accept the invitation to talk to you about some of the liabilities you face as canners and equipment suppliers. Paper published with permission.

2020 ◽  
Vol 1 (1) ◽  
pp. 17-32

This article is a literature study that aims to trace the literature to be able to understand the concepts of religion and leadership of Sunni vs. Shiite which has often been the subject of discussion among world academics. The problems that arise among Sunnis and Shiites are not only present on the political side, but also on the concepts of religion and leadership which also become polemic. Like the Arab Spring incident which resulted in the collapse of the power of Muammar Qadafy in Libya and Ben Ali in Tunisia, Sunni and Shia relations were also colored by differences. The conclusion of this article then shows that both Sunni and Shi'a agree that the existence of a Khilafah / Imamat government is an obligation in the lives of Muslims. Regarding the form of khilafah or government, Sunni scholars tend to be represented by Imam al-Mawardi, al-Ghazali and Ibn Kholdun tend to be accommodating towards the models of government that are carried out in the principles of deliberation both kingdom and democracy. In the Shi'ite leadership doctrine, leadership is absolute and the legal requirements of one's faith and leadership is limited to imams who are descendants of Imam Ali ibn Abi Talib, but while waiting for the presence of the "supernatural" imams, the enforcement of Islamic government is absolutely carried out by the Mullahs.


Dementia ◽  
2015 ◽  
Vol 16 (5) ◽  
pp. 658-664
Author(s):  
Gentian Vyshka ◽  
Jera Kruja

The extent to which dementia affects a person’s testamentary capacity has been the subject of much litigation with some countries introducing legal tests to assess capacity. In light of substantial societal change in Albania in the last two decades and an epidemic of property litigation, Albanian legal practice is witnessing an increasing number of attempts to posthumously nullify wills. Plaintiffs are mainly relatives of the deceased testator who are unhappy with the quantity or quality of the property they have inherited. Based on plaintiffs’ claims, solicitors may request expert neuropsychiatric reviews postmortem, often basing their position on prescription drug use by the testator during his/her last years of life. The authors discuss ethical issues intrinsically related to the difficult role of a potential expert witness in these litigation cases.


Author(s):  
Robert L. Bleyl

Whenever an expert witness uses the results of computer analyses as the basis for an expert opinion, that individual should be able to derive the formulas and duplicate the computer-produced results manually. In any questionable case, it may be wise to have the expert demonstrate this capability, especially at the discovery or deposition stage of his involvement, since a considerable length of time may be required in demonstrating this capability. If the expert is successful at this task, he probably has an adequate understanding of the notation, the assumptions, and the relevance of the variables used in the calculations and formulas and is less likely to go astray than the expert who lacks this capability. In my opinion, unless expert witnesses can demonstrate this capability, they are really no more experts in the subject than any high school student who is able to mathematically solve an equation or enter data into a computer program, but has no depth of knowledge about th


2018 ◽  
Vol 46 (1) ◽  
pp. 35-50 ◽  
Author(s):  
Ewa Dudek ◽  
Michał Kozłowski

Abstract This article is a continuation of the Authors’ study on the ways to ensure the quality and safety of aeronautical data and information. This time, however, the legal requirements for aeronautical data and information were briefly described and then the concept of purpose and scope of Shewhart control charts’ implementation, presented in [2], was broadened and it was proposed to refer the calculated upper (GLK) and lower (DLK) control limits to the requirements set out in the legal specification including in particular the accuracy values out of the Harmonised List from the Eurocontrol Specification [13]. In order to illustrate the proposed modification, an example of such a card for the measured aeronautical obstacles was presented, considering two cases: that these obstacles are located in Area 3 and in Area 2. Analysed issues will be the subject of Authors’ further study.


Author(s):  
A. S. Kulikov ◽  
К V. Chirkin

The study is devoted to such a specific administrative offense as failure to comply with the legal requirements of a deputy that has no parallel in Soviet administrative law. The subject of the analysis covers the norms of regional legislation. Primarily it covers the Code of Administrative Offences of the city of Moscow 2007 and related provisions of other laws of the city of Moscow. Taking into account interconnected legal norms, the author highlights the object of the administrative offense under consideration, defines the concept of “lawful demands of the deputy,” clarifies the content of other elements of the offence, namely: the objective party [sic] (objective element, actus reus), the subject (the offender), and the subjective party [sic] (state of mind, mens rea). At the same time, a number of statutory flaws are revealed and ways of their correction are proposed. In particular, the author highlights combining two administrative offenses with various direct objects in one part of the article of the Code on Administrative Offences of the City of Moscow, lack of a legal definition of the concept of “legitimate demands of the deputy,” lack of administrative responsibility imposed on sitizens for obstruction of the deputy’s work, excessive lenience of the penalty for violation of time limits given for processing the deputies’ requests in comparison with similar administrative offenses of lower public danger.


2017 ◽  
Vol 12 (3) ◽  
pp. 78-84
Author(s):  
A. Yu. Butyrin ◽  
Z. V. Trifonova

The appointment and production of forensic investigation is one of the most common procedural actions in modern legal proceedings, along with the evaluation of the expert witness statement by the body (person) that ordered the examination. The article deals with a number of problems associated with evaluating of the expert witness statement reflecting the progress and results of a forensic construction investigation. Reliability is the most complex and contradictory criterion in the evaluation of expert testimony. Taking into account the courts' constantly growing need for construction forensics expert services, on the one hand, and insufficient elaboration of this assessment criterion for this kind of expert evidence, on the other hand, the authors explore the subject in depth and present their interpretation of the notion of «reliability», as applied to the evaluation of construction forensics expert statements.


1892 ◽  
Vol 38 (160) ◽  
pp. 45-50 ◽  
Author(s):  
J. A. Campbell

In the remarks which I am about to make I wish it clearly to be understood that, as I personally am not an accounting officer under the Act, I have no personal grievance to ventilate. In this asylum, not only I, but the other officials whose duty it is to make returns of an official nature, have always done so honestly, readily, and fully; and speaking not only for myself, but for others, we have formerly made, and hope in the future to make, all such returns in such a way as to comply with legal requirements, not only in the letter but the spirit of the law. And in such remarks as I make on our audit here, I wish to express myself plainly, but, at the same time, without the slightest suspicion of personal feeling to the auditor, who, I believe, acted conscientiously, and according to what he considered was the meaning of the law on the subject. At the same time, I doubt whether an auditor (in whom no legal or other qualifications are a necessity) is the fittest person to have the decision as to what is legal, expedient, and proper in the expenditure of a large county asylum. At present auditors certainly seem to think that their reading of the Lunacy Act should be accepted, no matter what the opinion of the committee and their legal advisers may be; and by surcharging items, they have it in their power to put committees and officials to such trouble that even if expenditure were proper, right, and in the interests both of the sane and insane inhabitants of asylums, yet one would hesitate about it with the knowledge of the correspondence, trouble, and annoyance which it might entail.


2011 ◽  
Vol 6 (7) ◽  
pp. 1934578X1100600
Author(s):  
Ely Eduardo Saranz Camargo ◽  
Mary Anne Medeiros Bandeira ◽  
Anselmo Gomes de Oliveira

The present study is aimed to diagnose the current public programs focused on herbal medicines in Brazil by means of in loco visits to 10 programs selected by means of questionnaires sent to 124 municipalities that count on herbal medicine services. The main purpose of the implementation of program programs is related to the development of medicinal herbs. 70% of them are intended for the production of herbal medicines and 50% are aimed to ensure the access of the population to medicinal plants and or herbal medicines. The initiative of the implementation of these programs was related to the managers (60%). The difficulties in this implementation were due to the lack of funding (100%) of the programs. In 60% of the programs, the physicians did not adhere to herbal medicine services due to the lack of knowledge of the subject. Training courses were proposed (80%) to increase the adhesion of prescribers to the system. Some municipalities use information obtained from patients to assess the therapeutic efficiency of medicinal plants and herbal medicines. Of the programs underway, cultivation of medicinal plants was observed in 90% and 78% of them adopt quality control. In most programs, this control is not performed in accordance with the legal requirements. The programs focused on medicinal plants and herbal medicines implemented in Brazil face some chronic problems of infrastructure, management, operational capacity and self-sustainability, which can be directly related to the absence of a national policy on medicinal plants and herbal medicines.


2010 ◽  
Vol 21 (2) ◽  
pp. 173-194 ◽  
Author(s):  
Joseph Irving Rosenberg

Abstract How to calculate damage awards has long been the subject of academic dispute. Much focus has been on what is the appropriate discount rate to convert future lost earnings into a lump sum amount. Conflicting or ambiguous legal guidance by the courts has lead to wide disparities in discount rate methodology. This paper presents a fresh, alternative approach to valuing lost earnings in damage awards using current market data from the zero coupon Treasury bond curve. Unlike many other approaches this approach satisfies legal requirements while offering several theoretical and practical benefits: (a) default free discounting; (b) market-based prices and yields; (c) a fully objective way to recompute awards if market conditions change materially in the course of litigation; (d) satisfaction of the “parity in risk” principal which requires consistent treatment of uncertainty in cash flows and discount rate, which is violated by using an arbitrary average of three-month T-bill rates if inflation is embedded in lost earnings; and (e) a theoretically investible stream of cash flows that can be maturity matched against projected lost earnings.


2018 ◽  
Vol 1 (XVIII) ◽  
pp. 243-253
Author(s):  
ANDRZEJ CICHY

The article describes the legal requirements for the organization of mass sports events, primarily in terms of security. It presents the scope of duties that must be met by the organizer and the requirements concerning his competences, knowledge and experience, as well as the obligations of the participants of the event, that is orders and prohibitions resulting directly from the law on the safety of mass events and regulations of the given facility. The appropriate services were also pointed out, which ensure order and order during such events. In addition, the whole process of staying at the stadium was approximated, i.e. identification of participants, sale of tickets or the issue of entering a match for a minor. The subject of stadium bans was also discussed.


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