LLB240 Study Guide - Final Guide: Oppositional Defiant Disorder, Safeway Inc., Misfeasance

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Statutory Authority Problem Question Approach:

a) Are they a statutory authority under Section 41 of Civil Liability Act

"public or other authority" means:

(a) the Crown (within the meaning of the Crown Proceedings

Act 1988 ), or

(b) a Government department, or

Services Act 1997 , or

(d) a local council, or

(e) any public or local authority constituted by or under an Act,

(e1) any person having public official functions or acting in a

public official capacity (whether or not employed as a public

official), but only in relation to the exercise of the person's public

official functions, or

(f) a person or body prescribed (or of a class prescribed) by the

regulations as an authority to which this Part applies (in respect

of all or specified functions), or

(g) any person or body in respect of the exercise of public or

other functions of a class prescribed by the regulations for the

purposes of this Part.

b) Is it misfeasance or nonfeasance? – Section 43(1)

(1) This section applies to proceedings for civil liability to which this

Part applies to the extent that the liability is based on a breach of a

statutory duty by a public or other authority in connection with

the exercise of or a failure to exercise a function of the authority.

c) Established duty or novel duty

a. Established categories (not exhaustive):

a.i. Occupiers and entrants (Australian Safeway Stores v Zaluzna

(1987))

a.ii. Drivers and other road users (Bourhill v Young)

a.iii. Employers and employees (Bankstown Foundry v Braistina

(1986))

b. Novel category:

b.i. Reasonable foreseeability – ‘consequence of the same general

character’ (Chapman v Hearse (1961))

b.ii. Salient features – no definitive guidance, various approaches

approved by courts

May include – totality, control, vulnerability/reliance,

knowledge, policy/operational discretion, statutory

scheme (Crimms v Stevedoring; Graham Barclay Oysters

v Ryan)

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Document Summary

Statutory authority problem question approach: are they a statutory authority under section 41 of civil liability act. "public or other authority" means: (a) the crown (within the meaning of the crown proceedings. Act 1988 ), or (b) a government department, or (c) a public health organisation within the meaning of the health. Section 43(1) (1) this section applies to proceedings for civil liability to which this. Occupiers and entrants (australian safeway stores v zaluzna (1987)) a. ii. Drivers and other road users (bourhill v young) a. iii. Employers and employees (bankstown foundry v braistina (1986): novel category: b. i. Reasonable foreseeability consequence of the same general character" (chapman v hearse (1961)) b. ii. Salient features no definitive guidance, various approaches approved by courts. May include totality, control, vulnerability/reliance, knowledge, policy/operational discretion, statutory scheme (crimms v stevedoring; graham barclay oysters v ryan: breach section 5b of civil liability act, formulation of standard section 43a: test of unreasonable a. i.

Related Questions

I need answers of all question (Answer only if you able to complete it), Thanks

Quiz

True and False

1.Lack of private transportation makes shopping assistance an important service under the Older Americans Act program.

2. Home-delivered meals in most communities are provided by government agencies funded under the OAA.

3. Under the OAA legislation, congregate meal programs were required to provide at least one hot meal five or more days a week in a congregate setting, adult day program, or multigenerational site excluding in rural areas and where it is deemed feasible.

4. Elder abuse includes physical, psychological, and financial abuse as well as neglect

5. Chronic conditions vary across different populations of older adults. Older women are more likely than older men to suffer from chronic arthritis, hypertension, incontinence and asthma

Multiple Choices

1. For both the congregate and home-delivered programs the following is true EXCEPT

a. Services must be targeted at persons with the greatest social and economic need,

b. Attention should be given to low-income older persons, including low-income minority older persons,

c. Older persons with limited English proficiency,

d. Older persons residing in urban areas

2. Per the CDC, the top 5 chronic conditions for Hispanics are:

a) cancer, heart disease, unintentional injuries, stroke and diabetes

b) chronic liver disease, cirrhosis, cancer, unintentional injuries and diabetes

c) chronic lower respiratory disease, Alzheimer's disease, cancer, unintentional injuries and cancer

3. The following is true;

a. As the percentage of persons in the oldest-old category increases, the need for home-delivered meals may increase.

b. Changes in the delivery of health care have an impact on nutrition programs.

c. Programs will be challenged to serve the underserved population in an era of shrinking public and private dollars

d. A and C

e. All the above

4. In accordance with the Older Americans Act each Title III Nutritional program, the program must provide the following Except:

a. Meals must have a minimum of one third of the recommended daily allowances

b. Meals must be prepared with the advice of dietitians.

c. Services should include nutrition screening, nutrition education, nutrition assessment, and counseling.

d. Participants must live independently.

5. Per the CDC, the top 5 chronic conditions for African Americans are:

a) Heart disease, cancer, stroke, diabetes and unintentional injuries.

b) Kidney disease, heart disease, chronic lower respiratory disease, diabetes and unintentional injuries

c) Heart disease, cancer, stroke, Alzheimerâs disease and unintentional injuries.

d) Kidney disease, heart disease, Alzheimerâs disease, diabetes and unintentional injuries

6. The Senior Farmersâ Market Nutrition Program

a. Was established through the 2008 Farm Bill to increase the consumption of agricultural commodities

b. The purpose of the SFMNP is to provide fresh, nutritious, locally grown fruits, vegetables, herbs, and honey from farmersâ markets and roadside stands

c. The program is aiding in the development and expansion of domestic farmersâ markets and roadside stands

d. All the above

7. Title III Part F: âDisease Prevention and Health Promotion Servicesâ of the Older Americans Act is designed to enhance the well-being of older adults and includes the following services except

a) Health risk assessments, routine health screening, Nutrition counseling and education and Alcohol and substance abuse, smoking cessation,

b) Health risk assessment, weight loss, stress management, smoking cessation, routine health screening and physical fitness

c) Physical fitness, group exercise, music therapy, art therapy, dance movements, Health risk assessment and Nutrition counseling

d) Home injury control services education, Medication management, Information about age related diseases

e) All the above services are included, there are no exceptions.

8. To ensure food insecure seniors have access to nutritional meals the following are some recommendations:

a) Enlist the help of local churches to donate non-perishable goods to seniors

b)Contribute monetary donation and time to local food banks to assist with the distribution of meals

c) Educate seniors on the importance of health and wellness

d) All the above

9. The Elder Justice Act (EJA) includes a comprehensive array of initiatives except

a) Mandates the establishment of an advisory council (federal Elder Justice Coordinating Council) to provide recommendations to the Secretary of Health and Human Services regarding the best coordination mechanisms throughout all levels of government to prevent elderly abuse.

B) Requires formation of an advisory board responsible to develop strategic plans to assure elder justice.

C) Background check for those who have direct contact with elders in long term care facilities

D) Creates the Ombudsman program to protect elders in Nursing Homes

10. The Older Americans Act provide services for caregivers. The following is the list of services this title provides:

a. Assistance in gaining access to private pay services not associated with the Older American Act network

b. Individual counseling and Marriage counseling

c. Respite care

d. Supplemental services, including housing improvement, chore, provision of medical supplies and services

e. Legal assistance to the public at large including, grandparents or older individuals who are caregivers for relatives.

f. C and D

Essay questions

1. Discuss the chronic conditions that are more common among the Non-Hispanic whites, Hispanics and African American elders.

2. Discuss the difference among: Food banks, Brown Bags and Senior Farmers Market.

3. Title III, the largest program under the Older Americans Act, authorizes could you explain and discuss what this title covers.

LLB240 Study Guide - Final Guide: Oppositional Defiant Disorder, Safeway Inc., Misfeasance

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