Wilful Blindness
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Wilful Blindness
Willful blindness is a term used in law to describe a situation in which a person seeks to avoid civil or criminal liability for a wrongful act by intentionally keeping themselves unaware of facts that would render them liable or implicated. In ''United States v. Jewell'', the court held that proof of willful ignorance satisfied the requirement of knowledge as to criminal possession and importation of drugs.''Criminal Law – Cases and Materials'', 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan, Robert Weisberg, Guyora Binder, /ref> Although the term was originally—and still is—used in legal contexts, the phrase "willful ignorance" has come to mean any situation in which people intentionally turn their attention away from an ethical problem that is believed to be important by those using the phrase (for instance, because the problem is too disturbing for people to want it dominating their thoughts, or from the knowledge that solving the problem would require exten ...
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Liable
In law, liable means "responsible or answerable in law; legally obligated". Legal liability concerns both civil law and criminal law and can arise from various areas of law, such as contracts, torts, taxes, or fines given by government agencies. The claimant is the one who seeks to establish, or prove, liability. Theories of liability Claimants can prove liability through a myriad of different theories, known as theories of liability. Which theories of liability are available in a given case depends on nature of the law in question. For example, in case involving a contractual dispute, one available theory of liability is breach of contract; or in the tort context, negligence, negligence per se, respondeat superior, vicarious liability, strict liability, or intentional conduct are all valid theories of liability. Each theory of liability has certain conditions, or elements, that must be proven by the claimant before liability will be established. For example, the theory of ne ...
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United Parcel Service
United Parcel Service (UPS, stylized as ups) is an American multinational corporation, multinational package delivery, shipping & receiving and supply chain management company founded in 1907. Originally known as the American Messenger Company specializing in telegraphs, UPS has grown to become a Fortune 500 company and one of the world's largest shipping couriers. UPS today is primarily known for its ground shipping services as well as the UPS Store, a retail chain which assists UPS shipments and provides tools for small businesses. In addition, UPS offers Air cargo, air shipping on an overnight or two-day basis and delivers to post office boxes through UPS SurePost, a subsidiary that passes on packages to the United States Postal Service for Last mile (transportation), last-mile delivery. UPS is the largest courier company in the world by revenue, with annual revenues around US$85 billion in 2020, ahead of competitors DHL and FedEx. UPS' main international hub, UPS Worldport i ...
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Georgetown Law Journal
''The Georgetown Law Journal'' is a student-edited scholarly journal published at Georgetown University Law Center. It is the flagship law review of the Georgetown University Law Center. Overview The ''Georgetown Law Journal'' is headquartered at Georgetown University Law Center in Washington, D.C. and has published more than 500 issues since its inception, as well as the widely used ''Annual Review of Criminal Procedure'' (ARCP), a comprehensive practitioner's guide to criminal procedure. The ''Journal'' is the only top law journal to consistently publish on time. , it was the sixth-ranked law review . The ''Journal'' is currently, and always has been, run by law students. History Volume 1, Issue 1 was published in November 1912, under the supervision of Editor-in-Chief Eugene Quay. At the time, an annual subscription to the new Journal cost one dollar. The first article was titled “The 125th Anniversary of the Drafting of the Constitution of the United States.” In a th ...
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Turning A Blind Eye
Turning a blind eye is an idiom describing the ignoring of undesirable information. Although the Oxford English Dictionary records usage of the phrase as early as 1698, the phrase ''to turn a blind eye'' is often falsely attributed to an incident in the life of Vice Admiral Horatio Nelson. Nelson was blinded in one eye early in his Royal Navy career. During the Battle of Copenhagen in 1801 the cautious Admiral Sir Hyde Parker, in overall command of the British forces, sent a signal to Nelson's forces ordering them to discontinue the action. Naval orders were transmitted via a system of signal flags at that time. When this order was brought to the more aggressive Nelson's attention, he lifted his telescope up to his blind eye, saying, "I have a right to be blind sometimes. I really do not see the signal," and most of his forces continued to press home the attack. The frigates supporting the line-of-battle ships did break off, in one case suffering severe losses in the retre ...
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Plausible Deniability
Plausible deniability is the ability of people, typically senior officials in a formal or informal chain of command, to denial, deny knowledge of or responsibility for any damnable actions committed by members of their organizational hierarchy. They may do so because of a lack or absence of evidence that can confirm their participation, even if they were personally involved in or at least willful blindness, willfully ignorant of the actions. If illegal or otherwise disreputable and unpopular activities become public, high-ranking officials may deny any awareness of such acts to insulate themselves and Blame#Blame shifting, shift the blame onto the agents who carried out the acts, as they are confident that their doubters will be unable to prove otherwise. The lack of evidence to the contrary ostensibly makes the denial plausible (credible), but sometimes, it makes any accusations only cause of action, unactionable. The term typically implies forethought, such as intentionally setti ...
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Willful Violation
In the North American legal system and in US Occupational Safety and Health Administration regulations, willful violation or willful non-compliance is a violation of workplace rules and policies that occurs either deliberately or as a result of neglect. Definition Willful violation is defined as an "act done voluntarily with either an intentional disregard of, or plain indifference to," the requirements of Acts, regulations, statutes or relevant workplace policies. This is described with slightly different emphasis in an OSHA technical manual that a "willful violation exists under the Act where the evidence shows either an intentional violation of the Act or plain indifference to its requirements." Criminal recklessness is similarly described in Black's Law Dictionary ''Black's Law Dictionary'' is the most frequently used legal dictionary in the United States. Henry Campbell Black (1860–1927) was the author of the first two editions of the dictionary. History The first edit ...
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Margaret Heffernan
Margaret Heffernan (born 1955) is an entrepreneur, CEO, writer and keynote speaker. She is currently a professor of Practice at the University of Bath School of Management in the UK. Heffernan is the former chief executive officer of five businesses and is the writer of five books that explore the areas of business and leadership. She teaches entrepreneurship, mentors executives as part of a leadership development company, and makes presentations for corporations, associations, and universities. While Heffernan’s first two books focused on leadership and entrepreneurship and how they impact women in the workplace, her overarching theme is recognizing and releasing the talent that often lies buried inside organizations, under-valued and under-rewarded because it is unconventional. Early life Heffernan was born in the US state of Texas. At some point, her family moved to the Netherlands where she lived for the majority of her childhood. Following this, Heffernan and her family ...
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Vincible Ignorance
Vincible ignorance is, in Catholic moral theology, ignorance that a person could remove by applying reasonable diligence in the given set of circumstances. It contrasts with invincible ignorance, which a person is either entirely incapable of removing, or could only do so by supererogatory Supererogation (Late Latin: ''supererogatio'' "payment beyond what is needed or asked", from ''super'' "beyond" and ''erogare'' "to pay out, expend", itself from ''ex'' "out" and ''rogare'' "to ask") is the performance of more than is asked for; ... efforts (''i.e.'', efforts above and beyond normal duty). Doctrine of vincible ignorance It is culpable to remain willfully ignorant of matters that one is obligated to know.George Hayward Joyce, “INVINCIBLE IGNORANCE,” ed. James Hastings, John A. Selbie, and Louis H. Gray, Encyclopædia of Religion and Ethics (Edinburgh; New York: T. & T. Clark; Charles Scribner’s Sons, 1908–1926), 403. While invincible ignorance eliminates culpabil ...
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Recklessness (law)
In criminal law and in the law of tort, recklessness may be defined as the state of mind where a person deliberately and unjustifiably pursues a course of action while consciously disregarding any risks flowing from such action. Recklessness is less culpable than malice, but is more blameworthy than carelessness. ''Mens rea'' and ''actus reus'' To commit a criminal offence of ''ordinary'' liability (as opposed to strict liability) the prosecution must show both the ''actus reus'' (guilty act) and ''mens rea'' (guilty mind). A person cannot be guilty of an offence for his actions alone; there must also be the requisite intention, knowledge, recklessness, or criminal negligence at the relevant time. In the case of negligence, however, the ''mens rea'' is implied. Criminal law recognizes recklessness as one of four main classes of mental state constituting ''mens rea'' elements to establish liability, namely: *Intention: intending the action; foreseeing the result; desiring th ...
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Copyright Infringement
Copyright infringement (at times referred to as piracy) is the use of works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works. The copyright holder is typically the work's creator, or a publisher or other business to whom copyright has been assigned. Copyright holders routinely invoke legal and technological measures to prevent and penalize copyright infringement. Copyright infringement disputes are usually resolved through direct negotiation, a notice and take down process, or litigation in civil court. Egregious or large-scale commercial infringement, especially when it involves counterfeiting, is sometimes prosecuted via the criminal justice system. Shifting public expectations, advances in digital technology and the increasing reach of the Internet ...
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File-swapping
File sharing is the practice of distributing or providing access to digital media, such as computer programs, multimedia (audio, images and video), documents or electronic books. Common methods of storage, transmission and dispersion include removable media, centralized servers on computer networks, Internet-based hyperlinked documents, and the use of distributed peer-to-peer networking. File sharing technologies, such as BitTorrent, are integral to modern media piracy, as well as the sharing of scientific data and other free content. History Files were first exchanged on removable media. Computers were able to access remote files using filesystem mounting, bulletin board systems (1978), Usenet (1979), and FTP servers (1970's). Internet Relay Chat (1988) and Hotline (1997) enabled users to communicate remotely through chat and to exchange files. The mp3 encoding, which was standardized in 1991 and substantially reduced the size of audio files, grew to widespread use in the ...
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7th Cir
7 (seven) is the natural number following 6 and preceding 8. It is the only prime number preceding a cube (algebra), cube. As an early prime number in the series of positive integers, the number seven has greatly symbolic associations in religion, mythology, superstition and philosophy. The seven Classical planets resulted in seven being the number of days in a week. It is often considered lucky in Western culture and is often seen as Symbolism of the Number 7, highly symbolic. Unlike Western culture, in Vietnamese culture, the number seven is sometimes considered unlucky. It is the first natural number whose pronunciation contains more than one syllable. Evolution of the Arabic digit In the Brahmi numerals, beginning, Indians wrote 7 more or less in one stroke as a curve that looks like an uppercase vertically inverted. The western Ghubar Arabs' main contribution was to make the longer line diagonal rather than straight, though they showed some tendencies to making the digit m ...
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