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Duty
A duty (from "due" meaning "that which is owing"; , past participle of ; , whence "debt") is a commitment or expectation to perform some action in general or if certain circumstances arise. A duty may arise from a system of ethics or morality, especially in an honor culture. Many duties are created by law, sometimes including a codified punishment or liability for non-performance. Performing one's duty may require some sacrifice of self-interest. A sense-of-duty is also a virtue or personality trait that characterizes someone who is diligent about fulfilling individual duties or who confidently knows their calling. A sense-of-duty can also come from a need to fulfill familial pressures and desires. This is typically seen in a militaristic or patriotic way. A distinction is commonly made between "positive duties", which a person must undertake, and "negative duties", which relate to actions from which a person must refrain. Michael Freeman notes that negative duties may be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duty Of Care
In Tort, tort law, a duty of care is a legal Law of obligations, obligation that is imposed on an individual, requiring adherence to a standard of care, standard of Reasonable person, reasonable care to avoid careless acts that could foreseeably harm others, and lead to claim in negligence. It is the first element that must be established to proceed with an action in negligence. The claimant must Cause of action, be able to show a duty of care imposed by law that the defendant has breached. In turn, breaching a duty may subject an individual to liability. The duty of care may be imposed ''by operation of law'' between individuals who have no ''current'' direct relationship (familial or contractual or otherwise) but eventually become related in some manner, as defined by common law (meaning case law). Duty of care may be considered a formalisation of the social contract, the established and implicit responsibilities held by individuals/entities towards others within society. It ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duty To Rescue
A duty to rescue is a concept in tort law and criminal law that arises in a number of cases, describing a circumstance in which a party can be held liable for failing to come to the rescue of another party who could face potential injury or death without being rescued. The exact extent of the duty varies greatly between different jurisdictions. In common law systems, it is rarely formalized in statutes which would bring the penalty of law down upon those who fail to rescue. This does not necessarily obviate a moral duty to rescue: though law is binding and carries government-authorized sanctions and awarded civil penalties, there are also separate ethical arguments for a duty to rescue even where law does not punish failure to rescue. Common law system In the common law of most English-speaking countries, there is no general duty to come to the rescue of another. Generally, a person cannot be held liable for doing nothing while another person is in peril. However, such a duty ma ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duty Of Candour
In UK public law, the duty of candour is the duty imposed on a public authority "not to seek to win litigation at all costs but to assist the court in reaching the correct result and thereby to improve standards in public administration." Lord Donaldson MR in ''R v Lancashire County Council ex p. Huddleston'' stated that public servants should be willing "to explain fully what has occurred and why." There is also a duty of candour referred to in various contexts as a professional, contractual or statutory duty, which is imposed on all NHS and non-NHS providers of services to NHS patients in the UK to "provide to the service user and any other relevant person all necessary support and all relevant information" in the event that a "reportable patient safety incident" occurs. A "reportable patient safety incident" is one which could have or did result in moderate or severe harm or death. The statutory duty of candour is provided for in Regulation 20 of the Health and Social Ca ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duty Of Revolution
In political philosophy, the right of revolution or right of rebellion is the right or duty of a people to "alter or abolish" a government that acts against their common interests or threatens the safety of the people without justifiable cause. Stated throughout history in one form or another, the belief in this right has been used to justify various revolutions, including the American Revolution, French Revolution, the Syrian Revolution, the Russian Revolution, and the Iranian Revolution. History Early examples Ancient China To justify their overthrowing of the earlier Shang dynasty, the kings of the Zhou dynasty (1122–256 BCE) of China promulgated the concept known as the Mandate of Heaven, that Heaven would bless the authority of a just ruler, but would be displeased and withdraw its mandate from a despotic ruler. The Mandate of Heaven would then transfer to those who would rule best. Chinese historians interpreted a successful revolt as evidence that the Mandate of Heave ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Import Duty
A tariff or import tax is a duty imposed by a national government, customs territory, or supranational union on imports of goods and is paid by the importer. Exceptionally, an export tax may be levied on exports of goods or raw materials and is paid by the exporter. Besides being a source of revenue, import duties can also be a form of regulation of foreign trade and policy that burden foreign products to encourage or safeguard domestic industry. Protective tariffs are among the most widely used instruments of protectionism, along with import quotas and export quotas and other non-tariff barriers to trade. Tariffs can be fixed (a constant sum per unit of imported goods or a percentage of the price) or variable (the amount varies according to the price). Tariffs on imports are designed to raise the price of imported goods to discourage consumption. The intention is for citizens to buy local products instead, which, according to supporters, would stimulate their country's econo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duty To Protect
In medical law and medical ethics, the duty to protect is the responsibility of a mental health professional to protect patients and others from foreseeable harm. If a client makes statements that suggest suicidal or homicidal ideation, the clinician has the responsibility to take steps to warn potential victims, and if necessary, initiate involuntary commitment. The majority of people have, at some stage, had thoughts about killing someone, but the seriousness or intention of carrying out these thoughts may differ among persons and individual circumstances. United States The duty to protect was established by '' Tarasoff v. Regents of the University of California'', which has been widely adopted by other states. This case determined that the clinician has the duty to warn an identifiable victim. '' Ewing v. Goldstein'' extended the duty to protect to include acting upon the statements of third parties that indicate possible threat, and determined that it was not sufficientl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dereliction Of Duty
Dereliction of duty is a specific offense under United States Code Title 10, Section 892, Article 92 and applies to all branches of the US military. A service member who is derelict has willfully refused to perform their duties (or follow a given order) or has incapacitated themselves in such a way that they ''cannot'' perform their duties. Such incapacitation includes the offender falling asleep while on duty requiring wakefulness, them getting drunk or otherwise intoxicated and consequently being unable to perform their duties, shooting themselves and thus being unable to perform any duty, or his vacating their post contrary to regulations. Details In the U.S. Uniform Code of Military Justice (UCMJ), dereliction of duty is addressed within the regulations governing the failure to obey an order or regulation. Punishment can include sanctions up to and including the death penalty (in times of war). Outside of wartime, the maximum punishment allowed is a dishonorable discharge ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duty To Defend
The duty to defend is a contractual indemnitor or liability insurer's duty to defend the insured or indemnified party against claims. It is generally broader than the duty to indemnify and may cover defense against claims where ultimately no damage is awarded, and possibly even against claims that would not be covered by the duty to indemnify. It covers both civil suits and alternative dispute resolution procedures. In American courts disputes regarding the application of the duty to defend are generally resolved in the insured's favor. Under California's Civil Code A civil code is a codification of private law relating to property law, property, family law, family, and law of obligations, obligations. A jurisdiction that has a civil code generally also has a code of civil procedure. In some jurisdiction ..., in the interpretation of a contract of indemnity, "an indemnity against claims, or demands, or liability, expressly, or in other equivalent terms, embraces the costs of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duty To Vote
Compulsory voting, also called universal civic duty voting or mandatory voting, is the requirement that registered voters participate in an election. As of January 2023, 21 countries have compulsory voting laws. Law enforcement in those countries varies considerably, and the penalty for not casting a ballot without a proper justification ranges from severe to non-existent. History Antiquity Athenian democracy held that it was every Athenian citizen's duty to participate in decision-making, but attendance at the assembly was voluntary. Sometimes there was some form of social opprobrium to those not participating, particularly if they were engaging in other public activity at the time of the assembly. For example, Aristophanes's comedy '' Acharnians'' 17–22, in the 5th century BC, shows public slaves herding citizens from the agora into the assembly meeting place ('' Pnyx'') with a red-stained rope. Those with red on their clothes were fined. This usually happens if fewer than ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duty To Retreat
In law, the duty to retreat, or requirement of safe retreat,''Criminal Law - Cases and Materials'', 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan, Robert Weisberg, Guyora Binder, /ref> is a legal requirement in some jurisdictions that a threatened person cannot harm another in self-defense (especially lethal force) when it is possible instead to retreat to a place of safety. This requirement contrasts with some other jurisdictions to '' stand one's ground'', meaning being allowed to defend one's self instead of retreating. It is a specific component which sometimes appears in the criminal defense of self-defense, and which must be addressed if criminal defendants are to prove that their conduct was justified. Depending on the state the criminal defendants have to prove a minimal time period of safe retreat. English law In English law English law is the common law list of national legal systems, legal system of England and Wales, comprising mainly English cr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Obligation
An obligation is a course of action which someone is required to take, be it a legal obligation or a moral obligation. Obligations are constraints; they limit freedom. People who are under obligations may choose to freely act under obligations. Obligation exists when there is a choice to do what is morally good and what is morally unacceptable. There are also obligations in other normative contexts, such as obligations of etiquette, social obligations, religious, and possibly in terms of politics, where obligations are requirements which must be fulfilled. These are generally legal obligations, which can incur a penalty for non-fulfilment, although certain people are obliged to carry out certain actions for other reasons as well, whether as a tradition or for social reasons. Obligations vary from person to person: for example, a person holding a political office will generally have far more obligations than an average adult citizen, who themselves will have more obligations than ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
In Loco Parentis
The term ''in loco parentis'', Contemporary Latin, Latin for "in the place of a parent", refers to the legal responsibility of a person or organization to take on some of the functions and responsibilities of a parent. Originally derived from English common law, the doctrine is applied in two separate areas of the law. First, it grants educational institutions such as colleges and schools discretion to act in the best interests of their students, although not allowing what would be considered violations of the students' civil liberties. Second, this doctrine may allow a non-biological parent to exercise the legal rights and responsibilities of a biological parent if they have held themselves out as the parent. The ''in loco parentis'' doctrine is distinct from the doctrine of ''parens patriae'', the psychological parent doctrine, and adoption. Situation specific Education Primary and secondary education Cheadle Hulme School, originally known as the Manchester Warehousemen a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
