Discuss the legal and practical differences between a justification and an excuse.

Q1

There are many different issues affecting food service today, from consumer issues about health and nutrition to a trend toward no tipping and increased minimum wage to issues involving the fallout from the 2020 pandemic. There are industry organizations that work to lobby and advocate for their members. One such organization is the National Restaurant Association.  

It is important to stay up to date with industry issues. Take a look at the issues and advocacy page on the National Restaurant Association’s website. Take some time to read through some of the topics on the advocacy page and the policy agenda page. Choose one issue to explore more fully.

Find and post a link to an article from a source outside the National Restaurant Association that focuses on that particular issue and explain how and why the industry issue is impacting more than just restaurant employees or owners.

What does this issue mean for the future of the restaurant or foodservice industry?

Q2

Search for a pop culture exercise program (for example; hot yoga, spin, cross fit, zumba, beach body, etc.) OR a sport specific drill/practice session.  Choose one specific class/practice video and evaluate 5-10 minutes in the middle of the class/practice using AFAA's 5 QuestionsTM (p. 2-3), Changes in Group Fitness (p. 4), and Group Fitness Methods (p. 8-12).

1. Link the video into the forum. Describe the video, and identify and define the class/practice participants' demographic range.

2. Evaluate the video segment by listing and answering AFAA's 5 QuestionsTM.

3. Using the four Changes in Group Fitness, p. 4, do you consider this video a modern type of group training/fitness activity? Why or why not?

4. What type of Group Fitness Method p.8-11, would you classify the video: Pre-Choreographed, Pre-Designed, or Freestyle? What are the benefits of being in that classification?

Q3

There are many different issues affecting food service today, from consumer issues about health and nutrition to a trend toward no tipping and increased minimum wage to issues involving the fallout from the 2020 pandemic. There are industry organizations that work to lobby and advocate for their members. One such organization is the National Restaurant Association.  

It is important to stay up to date with industry issues. Take a look at the issues and advocacy page on the National Restaurant Association’s website. Take some time to read through some of the topics on the advocacy page and the policy agenda page. Choose one issue to explore more fully.

Find and post a link to an article from a source outside the National Restaurant Association that focuses on that particular issue and explain how and why the industry issue is impacting more than just restaurant employees or owners.

What does this issue mean for the future of the restaurant or foodservice industry?

Q4

Topic A: Animal Rights

Assuming the research by DeWaal is correct, most if not all social animals have innate dispositions to cooperate for survival and as such, develop moral codes for behavior. As such, should humans not work more to ensure animals have basic rights even if they cannot ask for them? What rights should those be and is there some sort of hierarchy (should dogs have more rights than mice).

Q5

What are the primary components found within the PATRIOT Act that have had a direct impact upon homeland security capabilities, as well as impediments produced by it? While addressing issues related to privacy and civil liberties, what steps can government and others related to national security take to better seek and maintain such balance?

Q6

The following discussion comes from your readings in Weeks 2 and 3. Outside research to address these issues is required. Use the online library for additional sources of information and research.  In addition, I recommend utilizing the Legal Studies Program Guide. 

Affirmative defenses fall under the categories of justification and excuse.  Answer these questions:

1) Discuss the legal and practical differences between a justification and an excuse.

2) What is needed for an insanity plea to be approved by the courts? Give an example of a case that was approved for the insanity plea and the requisites behind that decision. 

3) After Bill was arrested for robbery, his mental condition went from functioning to nonfunctioning. He no longer can help his lawyer defend him because he is no longer competent. What defense, if any, does Bill have to the charge of robbery? Will he be successful? 

4) How did conducting research and going through each step of legal analysis help you to reach this conclusion?  Analyze how you applied critical thinking and legal analytical skills to assist you in this regard.  What new research and/or analytical tool or method did you try for the first time this week?  What do you think you do well and what would you like to strengthen so that you continue to improve?   

5) Collaborate with each other as the week goes on to make all aspects of this Discussion as robust as possible.

Q7

Part I

This discussion asks you to examine the requirements for a search warrant and the exceptions to needing a warrant. The Fourth Amendment protects individuals against unreasonable searches of their property and persons. It also prevents law enforcement from making unlawful arrests/seizures. It requires that all searches be reasonable.

Please thoroughly discuss when a search warrant is needed by law enforcement and the requirements that must be demonstrated to a judge or magistrate to have the warrant issued. Include the various exceptions to the search warrant requirement. 

Part II

Using the facts provided to you in the Week One discussion, answer the following questions :

1) Was the arrest of Mayo a legal arrest? Discuss why. Please include the components of a reasonable arrest and whether or not they were met with Mayo.  Did law enforcement need an arrest warrant prior to arresting Mayo? Make sure to support your thoughts with legal reason.

2) Can law enforcement seize the broken beer bottle and the gun without a search warrant? Why? 

Q8

Find an example of an actual medical error on the internet or in the media, and briefly describe it.

Find evidence-based medicine or clinical guidelines that should have been used when making the medical decisions in the case; the best place to find clinical guidelines currently may be on the medical specialty association website. 

What policies and procedures should exist and be followed to prevent the error? 

How does this relate to the systems thinking process we discussed last week?

Q9

· In your own words use utility analysis to explain why people demand health. How does the Law of Diminishing Marginal Utility fit into the analysis?

· How would you expect the price elasticity of demand for medical care to vary with health status? Give a specific example.

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