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Discuss the importance and necessity of Administration of Justice. Answer: The defining project of general or conceptual jurisprudence—i. That is, conceptual jurisprudence is concerned with giving an explication of the nature of law and other important legal practices. It is a matter of clear practical importance that we ensure our practices satisfy rigorous norms of political morality, and we cannot understand what norms apply without an adequate understanding of the concept of law. If the state is not incapable of performing these two functions. It cannot be called a state. Administration of justice implies the maintenance of peace and order within a political community by means of physical force of the state.
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Necessary for uniformity. Necessary for protection of rights. Necessary for peace and stability. Necessary for integration of society. Necessary to check injustice. Necessary to educate people. To promote welfare. To promote equity. Looking from a practical standpoint, important distinctions lie in the legal consequences of the two. Civil Justice and Criminal Justice are administered by a different set of courts. A Civil Proceeding usually results in a judgment for damages or injunction or restitution or specific decree or other such civil reliefs. However, a Criminal Proceeding usually results in punishment. There are myriad numbers of punishments ranging from hanging to fine to probation. Do you agree with it? Trace the distinction between Deterrent theory and Reformative Theory of Punishment Preventive Theory- This theory believes that the object of punishment is to prevent or disable the wrongdoer from committing the crime again.
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Deterrent theory aims at giving a warning to the society at large whereas under Preventive Theory, the main aim is to disable the wrongdoer from repeating the criminal activity by disabling his physical power to commit crime. Yes, I do agree that Preventive theory is the best form of Punishment theory. Distinctions are as follows: 1.
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Reformative Theory stands for the reformation of the convict but the Deterrent Theory aims at giving exemplary punishment so that the others are deterred from following the same course of action. Deterrent Theory does not lead to a reformation of the criminal as it imposes harsh punishments. Whereas, Reformative Theory believes that if harsh punishment is inflicted on the criminals, there will be no scope for reform. Deterrent Theory believes that the punishment should be determined by the character of the crime. Thus, too much emphasis is given on the crime and too little on the criminal. However, Reformative Theory takes into consideration the circumstances under which an offence was committed. Reformative Theory further believes that every effort should be made to give a chance to the criminal to improve his conduct in the future. A violation of breach of the primary rights gives rise to a sanctioning right or remedial right. Thus my right not to be libeled is primary, while my right to obtain compensation from one who has libeled me is a sanctioning right.
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Primary rights, therefore, exist independently, while sanctioning rights have no independent existence and arise only on the violation of primary rights. Sanctioning rights are divisible into two kinds: 1 rights to exact and receive from the defendant a sum of money by way of pecuniary penalty for the wrong which he has committed; and 2 rights to exact and receive damages to compensation for the injury that may have been caused to the sufferer Compensation falling under the second form of sanctioning right may either be restitution or penal redress. In the former the defendant is required to restore lo the plaintiff the pecuniary value of some benefit wrongfully obtained by him at the expense of the plaintiff.
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Yes, I do think that, Jurisprudence may be considered to study and systematic i. The study of jurisprudence started with the Romans. The term Jurisprudence is derived from Latin word 'Jurisprudentia' which means either "Knowledge of Law" or "Skill of law". The word "juris" means law and prudentia mean knowledge, science or skill. Thus Jurisprudence signifies 4 knowledge or science of law and its application. In this sense, Jurisprudence covers the whole body of legal principles in the world. In jurisprudence, we have to study the basic principles of each of these branches and we are not concerned with the detailed rules of these laws. We definitely study these laws in detail when we study those branches of law separately. Jurisprudence examines the general principles of law, therefore, Jurisprudence may be considered to be the study and systematic arrangements of the general principles of law.
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Illustrate the relation of Jurisprudence with Ethics and Sociology Jurisprudence and Ethics Ethics is the science of human conduct. It projects an ideal human behavior, in the light of which it suggests a course of conduct for individuals living in societies. Whereas, jurisprudence is discussing the imperative rules, actually existing in the societies. However, those rules are also connected with the behavior of human beings in societies.
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Therefore, both of the science are interrelated. Due to the close relationship and interdependency of these sciences, there emerged a branch of jurisprudence known as Ethical Jurisprudence, discussing the ideal human behavior or which is the study of law as it ought to be. Jurisprudence and Sociology Jurisprudence is the study of law and sociology is the study of society and it is also discusses law but from a different stand-point.
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Therefore there is a link between jurisprudence and sociology. Jurisprudence is concerned with legal rules that actually exists, however, sociology is studying the effectiveness of those legal rules and their impacts on society.
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It usually depends on how complex or simple nursing care needs the patient require. Question 8 You are asked by your instructor to discuss about Contingency Theory. What should you Question 8 Explanation: Contingency theory is described as a leadership that depends on other factors in the environment for it to be effective. Question 9 In Pdf Jurisprudence Exam For Texas Medical Board A It reflects what the organization wants to be B It is written to magnify the various activities and it is projected with a broad time frame C It reflects why the organization exist D It uses action words in present tense Question 9 Explanation: This description corresponds to a mission statement not a vision statement.
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Question 10 Isabelle, your co-worker, is a newly hired nurse. She asked you about centralized staffing system. A The head nurse or the supervisor does the scheduling of personnel. B Schedule is based on the needs of the patients and the knowledge of the personnel. C You can readily rearrange your schedule as needed. D The scheduling is planned and made by the nursing director. Question 10 Explanation: Centralized staffing system is done by the nursing director, wherein denies the head nurse to make the staffing decisions and it allows minimal personal contact with the staff.
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Jurisprudence Examination Other answers define what a decentralized staffing system is. Question 11 In the hospital, your department is using the functional method of patient care modality. What is it all about? A One nurse is responsible for giving bedside care, another one for administering medications and another one for treatments and so on. B It is a one on one constant patient care for period of time. C The nurse has the responsibility for giving nursing care to the client from admission until discharge D A team leader has the responsibility for coordinating the total care of a group of patients.
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