Wednesday, January 29, 2020

Georgia Voluntary Payment Doctrine Essay Example for Free

Georgia Voluntary Payment Doctrine Essay The Georgia Voluntary Payment Doctrine is a policy that has been used in Georgia law since the 19th Century. It has been exercised so long that this policy has codified a statute. Because it dates back two centuries when business deals were completed on one’s word, face-to-face and with a hand shake, it causes one to question if it has outdated itself and should still be used to decide court cases in today’s business world. According to Dan Kolber of the Atlanta Business Chronicle, â€Å"the statute says when money is paid through ignorance of the law and there is no fraud or mistake of facts, then the payment is deemed voluntary and cannot be recovered. Filing a protest at the time of payment does not change this rule. † This law has been the deciding factor in many cases which some say have resulted in outrageous outcomes. In order for the Voluntary Payment Doctrine to be enforced there are three conditions that must be met. The first is that the payment is made through ignorance of the law or where all material facts are known. The person asking for reimbursement must prove that the payment was not made voluntarily because not all material facts were known at the time the payment was made. No one is excused from a law just because he is unaware that it exists. Secondly, the person to whom this payment is made must not have collected it fraudulently. And, lastly the payment must not have been made under duress, such as to release a person from detention or to prevent the immediate seizure of property. The person cannot be forced or coerced to make the payment. (AGG Authority on Real Estate, Winter, 2006) This statute has returned favorable outcomes for many. One particular Georgia case is that of an insurance company who lost its bid to recover overpayments made to medical providers. Mr. Seaton D. Purdom who was involved in the lawsuit supports it with this doctrine. He feels â€Å"It promotes commercial stability. It allows people to receive payments on account and treat them as payments, instead of escrow deposits. (Atlanta Business Chronicle) In this case, Cotton et al. v. Med-Cor Health Information Solutions, Inc. , Smith et al. vs. PMSI, L. P. , Yarbrough et al. v. PMSI, L. P. , and Lawrence et al. v.  Smart Professional Copy Corporation sets patients at various Atlanta hospitals against corporations who were responsible for photocopying medical records of patients and delivering them to authorized persons. Defendants performed the photocopying and delivery services and inflicted charges ranging from $1. 04 to $7. 60 per page. Plaintiff’s attorneys held that these charges were made in violation of the Health Records Act as they exceeded the limit of â€Å"reasonable costs of copying and mailing the records. † (Lawskills. com). They sought to recover these overpayments under the Georgia Voluntary Payment Doctrine. As noted above the Georgia Voluntary Payment Doctrine requires that payments of claims be made where all of the facts are not known and there is misplaced confidence or deception by the other party and payments cannot be recovered unless under an urgent necessity to release personal property. In this case both parties agreed that all material facts were known when payments were made so they did not meet the first requirement of the law. The plaintiffs maintained the defendants practiced a falsehood on them by providing records the hospital was supposed to provide and billed them excessively and more than the hospital was allowed to charge. The court found that this falsehood is not what caused the plaintiffs to make payments which they sought to recover. Then the plaintiffs argued the payments were made through misplaced confidence. Again the court found they had no facts on which these excuses could be found. Plaintiffs claimed they made the payments because they would have otherwise risked collection activity that would have hurt their credit and the court found this not to be an urgent necessity. Because the court felt they did not meet any of the requirements of the Georgia Voluntary Payment Doctrine, the plaintiffs were unable to recover any payment. However, the plaintiffs were able to recover under the Georgia Health Care Act. The court found the photocopying companies were agents of the hospital and were required under the Georgia Health Care Act to limit the cost of copying and mailing records to a reasonable amount. The plaintiffs therefore received payments of the charges deemed excessive. (Lawskills. com Georgia Caselaw) In the case S09G1664. SouthStar Energy Services, LLC v. Ellison et al. the Georgia Voluntary Payment Doctrine was applied to the claims of the customers of Georgia Natural Gas. In 2006 after the Natural Gas Consumer Relief Act was passed, the Georgia Natural Gas Company modified its billing procedures for its customers. The company developed a new standard plan and altered the method of computing the plan. (Forthcoming Opinions, SCOG Blog). The customers, Charles Ellison and Susan Bresler represented by the Atlanta law firm Strickland Brockington Lewis sued the Natural Gas Company â€Å"under a private right of action in the Gas Act. † The plaintiffs sought to recoup their overpayments charged through the defendant’s violations of the Natural Gas Competition and Deregulation Act (Natural Gas Act). The defendant asked the court to dismiss the case due to the plaintiff’s failure to establish a reasonable claim on which repayment should be given. A trial court granted a motion to dismiss the case, but an appeal was filed and the Court of Appeals reversed the trial court decision. In the appeal the appellees disclosed several actions by the Natural Gas Company that violated different sections of the Natural Gas Act, such as charging more for natural gas than the published marketed price. The gas company attorneys argued that the plaintiffs had made payment of their bill voluntarily, thus relieving the gas company from any wrong nor requiring them to make restitution. In March, 2010 the Georgia Supreme Court confirmed its agreement with the Court of appeals stating that the purpose of the Georgia Natural Gas Act is to protect the natural gas customer and granted the plaintiff the right to sue for damages. This decision opens the door for the plaintiff to proceed with action to recover overpayment and damages from the gas company. Wall Street Investment Fraud Lawyer Blog) Although neither of these cases was decided based on the Georgia Voluntary Payment Doctrine, the plaintiffs were allowed to continue to seek their claims for their overpayments under another law. In each of these cases the attorneys for the plaintiffs sought recovery of payment under other Acts. The plaintiffs in the Cotton v. Med-Cor Health Information Solutions, Inc. et al case have recovered overpayment while the Georgia Supreme Court has made a ruling that removed the Georgia Voluntary Payment Doctrine as a defense in the case of SouthStar Energy Services v. Ellison. This ruling allows the plaintiffs in this case to proceed with their lawsuit against SouthStar. In 2000 a case was tried in Georgia in which cable subscribers who failed to make their cable payments on time were charged late fees. This group of cable customers sought to recover these penalty fees claiming they were unenforceable fines. These subscribers had voluntarily paid the additional late fees. Under the Georgia Voluntary Payment Doctrine a payment is considered â€Å"voluntary† if it is paid in ignorance of the law. Therefore, in this case the Court ruled that the payments were paid â€Å"voluntarily† by the simple fact the subscribers admitted they did not know the late penalty fees were unenforceable and was in fact ignorance of the law. (AGG Authority on Real Estate, Winter, 2006) The Georgia Voluntary Payment Doctrine is a statute that has been used throughout the last two centuries. As has been shown in these three cases it can be a help to one’s case or a disadvantage. It is a law that is used by large companies that seems to take advantage of the general public as most common folk are generally not very well versed in the law.

Tuesday, January 21, 2020

The Turn of the Screw by Henry James Essays -- The Turn of the Screw H

The Turn of the Screw This novel was, surprisingly, interesting. The intensely complex and intricate (if not confusing!) sentences, upon first thought, made me expect an experience of complete, utter, and total confusion; however, they served not only to keep my interest in the novel – for I had to concentrate to grasp the full, rich meaning of his thoughts – but also to create in me a sense of enjoyment, that of being enriched with the experiences of the main character so that my life and that character's became inseparable, only it occurred not only with the main character, but with the entire plot at once – all characters, all scenes (to which I shall come late), all conversations... everything. I have never seen a man so able to express so much in one sentence, and still be able to have the reader follow his thoughts throughout the entire process. Henry James was a master of expression and grammar. His ability to form a complex, yet coherent sentence did nothing but add to the quality of the novel. The characters alone added to the quality of the novel. It is not so much as they were entirely believable, but they were believable to the extent of their being in a ghost story. The things that happened to these poor characters were not natural in any sense, but they were completely acceptable from within a ghost story. Miles, for example, was too beautiful in action, too simple in thought, and too tempting in appearance (for both the governess and Mr. Quint) to be co... The Turn of the Screw by Henry James Essays -- The Turn of the Screw H The Turn of the Screw This novel was, surprisingly, interesting. The intensely complex and intricate (if not confusing!) sentences, upon first thought, made me expect an experience of complete, utter, and total confusion; however, they served not only to keep my interest in the novel – for I had to concentrate to grasp the full, rich meaning of his thoughts – but also to create in me a sense of enjoyment, that of being enriched with the experiences of the main character so that my life and that character's became inseparable, only it occurred not only with the main character, but with the entire plot at once – all characters, all scenes (to which I shall come late), all conversations... everything. I have never seen a man so able to express so much in one sentence, and still be able to have the reader follow his thoughts throughout the entire process. Henry James was a master of expression and grammar. His ability to form a complex, yet coherent sentence did nothing but add to the quality of the novel. The characters alone added to the quality of the novel. It is not so much as they were entirely believable, but they were believable to the extent of their being in a ghost story. The things that happened to these poor characters were not natural in any sense, but they were completely acceptable from within a ghost story. Miles, for example, was too beautiful in action, too simple in thought, and too tempting in appearance (for both the governess and Mr. Quint) to be co...

Monday, January 13, 2020

Effectiveness of Legal Sanctions

Effectiveness of sanctions in our society today In today’s society we impose sanctions on individuals who break laws of the community. There are many types of sanctions such as; fines, intensive correction, community based, youth training and drug treatment orders, home detention, suspended sentences and imprisonment. Imposing sanctions among offenders is highly successful in our society today as they may deter the individual/ general community from committing/re-committing a crime, to protect the society, to punish the offender, in many cases to rehabilitate the offender and to show that the crime is unacceptable. Imprisonment is a criminal sanction which removes the offender from society by detainment in a prison. Imprisonment is effective in terms of punishment and protection of the society. Imprisonment can also be seen as a deterrence which discourages the individual/general community from re-offending / committing a crime. Many prisoners once released from prison stay on the right path and never go back to prison. This is what one hopes for when imposing the imprisonment sanction. However some prisoners, once released cannot live normal lives. In prisons there is a high amount of violence and sexual assaults, so when people are released the fear going back, therefore they cannot live normal lives. Furthermore prisoners are grouped with other prisoners and they may learn new tricks of the trade. Also it can be argued that deterrence failing in prisons. There is a high rate of individuals re-offending when released from prison. An astonishing 33% of prisoners return to prison within two years of their release. Yet even with on of the major aims of imprisonment failing, deterrence, I still believe that imprisonment is an effective sanction is it is protecting our society because the prisoner is out of the way, therefore the society is safe. An intensive correction order is another type of sanction in our society. It is a sanction involving the treatment and supervision component and a custodial component. There are numerous conditions regarding an intensive correction order. The offender cannot commit another offence while on order; there is supervision twice a week, attendance at a correction centre for 12 hours a week, community work for 8 hours a weekend and counseling. If the individual breaks any of these conditions they can be imprisoned for the remainder of the order. The main aims of an intensive correction order are deterrence and rehabilitation. It discourages the individual from re-offending but also helps the individual change and resume a normal life. The intensive corrections order is highly effective on our society as it not only punishes the individual but gives them every opportunity to get their life back on track. Attendance at a correction centre, supervision and counseling will help the individual get his/her life back on track and as a result the society becomes safer. In conclusion, there are many types of sanctions, each with their own set of potential aims to help the society and the individual. Two sanctions are imprisonment and an intensive correction order. Both are effective to our society in different ways. Imprisonment involves protecting the society and punishment while an intensive correction order involves rehabilitation and deterrence. Even though imprisonment fails in acting as a deterrent I believe sanctions are effective in our society today.

Saturday, December 28, 2019

The Importance of Education Essay - 690 Words

One’s Education advancements could probably be the most important decision in his or her life. One can safely assume that a person is not in the proper sense until he is properly educated. As said by Nelson Mandela, â€Å"Education is the most powerful weapon which you can use to change the world.† One may take this quote and interpret it as that Education is deadly and needs to be taken advantage of to the highest level. High School and College to common people seem to be the same. One must go to class and finish the work to accomplish High School and the same goes to College, this in fact is true but college is a completely different type of education, experience and what you get out of these two educations are different. College is a†¦show more content†¦Howard University is a historically black college meaning it was founded by an African American. Being this Howard is mostly African American but not limited to. High schools are rare where you can find some where people are just like you. Whether your Jewish and want to go to an Jewish school or African American and want to go to an Predominantly African American college. High School and college also differ in rules and regulations. High school you are demanded to go to class. In college you don’t have to show up for a single class and one might still be able to get an A. Although college is much harder it is worth it in the long run. Along with class rules there comes outside of â€Å"class† rules. Meaning in college there is a lot more freedom to be on your own. Instead of being in trouble with your parents you’re in trouble with the law as an adult should be. College is a place where a young adult first experiences freedom and more adult responsibilities. In high school if someone messes up or has bad grades the first thing they do is call ones parents or send a note home. In college you are in charge or yourself and responsibilities that come with it. With these responsibilities are the grades received which leads to the most important part of college, the benefits from graduating. High School and Graduates from college both have advantages but college advantages are almost always better. College graduates have many more choices then a high school graduate. NelsonShow MoreRelatedThe Importance Of Education - Importance Of Education864 Words   |  4 PagesImportance of education When I was younger, I firmly believed that my education didn t matter. During my freshman year I had no attention to pass any of my classes. I could care less because I was an illegal immigrant and all odds of me ever to attend university were nowhere to be seen. This all started when I found out that my big brother was forced to withdraw from his airplane pilot class due to status in this country. It broke my heart to see him break into tears as he was forcedRead MoreThe Importance Of Education In Education744 Words   |  3 PagesIn a democratic education system, there is a balance of authority between the state, the parents, the individual, and the educators. While each group has their own claim to power over the education of children, there is still the question of who should have the most. This question often comes down to the state or the parents because they are the most complicated and influential. The primary goal of democratic education is to equip children with the knowledge and moral character needed to find successRead MoreImportance Of Education Is Education1277 Words   |  6 Pagesis Education Imagine what the world will be like without education. Malcolm X states that â€Å"without education, you are not going anywhere in this world.† People think they will get through life without education, but little do they know the importance of it. Educated individuals have power because they are able to understand complex info and are more informed to prevent being taken advantage of. It is also a privilege because not everyone has access to education and those who do have education getRead MoreEducation And Its Importance Of Education1255 Words   |  6 PagesErik Olsen Mrs. O’Sullivan English II 3 September 2015 Education and Its Importance Education is an important part of US society and all its issues should be recognized and addressed. Unfortunately this is not the case. Education has many issues and the three most important are the day-one problem, bullying, and high dropout rates. These issues are often a big problem and can lead to an education that does not do the United States justice. The first issue is the day one problem. This problemRead MoreThe Importance Of Education In Education1841 Words   |  8 Pages Education has often been regarded as a source of freedom for America’s Black students. Maxims such as â€Å"Education is the key to success† and â€Å"Education is the passport to the future† all support the idea that with education comes freedom. But at times, the universal American K-12 education doesn’t grant these forms of freedom for its Black and Brown students. This is primarily due to the fact that minority students are not being taught the importance of education in the pursuit of intellectual,Read MoreThe Importance Of Education931 Words   |  4 PagesWhy school? Throughout life, we always tend to wonder whether or not having an education is beneficial and can end up leading to a life of success. As students, we always search for the deliverance that will help us to answer this question. When we are young, we view school as a place to meet new people and a place that we go to have fun. But once we grow out of this stage, we wonder what the tru e reasoning behind education actually is. We as students tend to outgrow the day to day lifestyle of forcingRead MoreEducation And Its Importance Of Education1751 Words   |  8 Pages Education and its Importance Education is the destined formation in obtaining the development of the intellectual capacities of individuals. It can be defined as the process of socialization of individuals. Education is one of the most powerful resources to reduce inequality and poverty, it is a natural process associated with growth. On having been educated, a person assimilates and gains knowledge. Education also implies a cultural and behavioral raisingRead MoreImportance of Education863 Words   |  3 Pages1. Education has various implications. Given the fact that it provides a communication channel through which information is accumulated and knowledge is shared among members of a smaller or larger community, education is benefic for some and destructive for others. For instance, students and the young educated generation have started some of the most important revolutions in the history of human kind. One example in this sense is the Tiananmen Square Student Rebellion or the Arab Spring. In suchRead More The Importance Of Education In Education1830 Words   |  8 PagesAs one of the building blocks to a successful career, education can, and should, be viewed as one of the most important experiences any person will undergo in his or her lifetime. It leads people down a path of discovery in order to help them establish what they want to pursue for the rest of their lives. However, without professional, experienced educators and effective teaching methods, students can never expect to reach their full potential. For this reason, legislatures from all countries shouldRead MoreThe Importance Of Education780 Words   |  4 Pagesfirst priority and thus education was not really an issue. For my grandparents, it was not even possible to attend school in any form. When my family chose to come to the US, they gave my brother and me the most amazing gift, the opportunity to gain a real education. I was given the chance to not have to struggle with attaining the best education possible. The struggles my family faced helped me realize that education is a true privilege. My family’s lack of education helps me focus more on getting

Thursday, December 19, 2019

Reflections on the Revolution in France - 629 Words

Reflections on the Revolution in France (1790) Edmund Burke published the Reflections on the Revolution in France in 1790; after the Bastille had been stormed by the Paris mol. He reflects upon about how France was very chaotic. Burke opposed the values of his contemporary revolutionaries; and he predicted that the French revolution would cause problems of fear and chaos to the country. Burke also believed that the revolutionary leaders were more interested in themselves and that they wanted power, however; and really did not care about the well-being of the French people. He believed in the concepts of liberty, equality and the right for everyone; he argues that people should have the opportunity to own their private property. Furthermore, Burke viewed the revolution as a violent takeover of the government, emphasizing that citizens should not have the right to do this. He also argues about importance of tradition in that tradition is what holds society together. When reading Burke’s book, we can see that he is making an argument against the enlightenment; it encourages revolution and the destruction of traditional values: â€Å"The power of perpetuating our property in our families is one of the most valuable and interesting circumstances belonging to it, and that which tends the most to the perpetuation of society itself† (Burke 43). Private property is the basis of a great working society. At the time French society was divided into social classes prior to revolution.Show MoreRelated Chivalry in Edmund Burkes Reflections on the Revolution in France1933 Words   |  8 PagesChivalry in Edmund Burkes Reflections on the Revolution in France ...But the age of chivalry is gone... Amidst a wealth of metaphors and apocalyptic maxims, this line is perhaps the most memorable from Edmund Burkes Reflections on the Revolution in France. He masterfully employs the concept of chivalry to express his anti-revolutionary sentiment, and he dramatically connects it to images of land, sex, birth and money to express the widespread disorder that accompanies a loss of chivalryRead More Gentlemanly Ideals in Emma and Reflections on the Revolution in France2144 Words   |  9 PagesGentlemanly Ideals in Emma and Reflections on the Revolution in France The last two centuries have been full of drastic changes in the human condition. Today, we tend to overlook just how drastic those changes were. Britain during the late 18th Century provides an excellent example because both the Industrial Revolution and the French Revolution were chipping away at the established social order. In Britain, the aristocracy had ruled in relative stability since the medieval period. 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Not only was it a massacre with many lives being lost, including that of Queen Marie Antoinette and her husband King Louis XVI, it was also a time of great political turmoil which would turn man against man that being the case of Edmond Burke and Thomas Paine. Edmond Burke a traditionalist who believed the people should be loyal to the king against his former friend, Thomas Paine a free thinker who believed in order for things toRead MoreComparing Edmund Burke And Mary Wollstonecrafts Thoughts On The French Revolution1245 Words   |  5 PagesMary Wollstonecraft’s Thoughts On The French Revolution Many would think that prominent Romantics would not care about politics or government. However, when the French Revolution started in 1789 many Romantics, such as William Wordsworth, Edmund Burke, Samuel Taylor Coleridge, and Mary Wollstonecraft, took strong stances on both sides of the Revolution. William Wordsworth, Samuel Taylor Coleridge eventually sided with Edmund Burke on the French Revolution. Although, originally they agreed with MaryRead MoreThe French Revolution And The Revolution1221 Words   |  5 PagesWhen people think of the French Revolution, they immediately think of the country of France and how the Revolution affected it. What most people do not think about however, is how the Revolution affected other countries, specifically the country of England. England was affected positively and negatively by the Revolution in that there was an increase of political involvement, but there was a collapse in the economy due to war declared by France. The French Revolution created a battle of conflictingRead MoreJohn Locke And Edmund Burke s Political Rebellion929 Words   |  4 Pagespolitical rebellion under specific circumstances. What differentiates these two political theorists in their discussions of revolution? Please make reference to both Second Treatise of Government and Reflections on the Revolution in France when answering this question. Cite the texts and be specific. Many philosophers and theorists have spoken on the value, or lack thereof, of revolution. In Second Treatise of Government, John Locke builds the concept of a â€Å"social contract,† which outlines responsibilitiesRead MoreComplications Of The French Revolution1364 Words   |  6 PagesThe French Revolution (1789-1799) had significant, far reaching implications. In Britain it permeated every level of society. Not only did politicians change their allegiances, but moderate reformers were radicalised, and British society was completely divided into supporters and detractors of the Revolution. It also resulted in a drastic politicisation of Ireland, changing the nature of politics completely. The British government was threatened by the French Revolution because they saw what was

Wednesday, December 11, 2019

… Like Clockwork • Queens of the Stone Age free essay sample

Queens of the Stone Age is an alternative rock band from the California desert. Especially known for heavy sound and memorable guitar riffs, they have been a success since their 2000 breakout album, â€Å"Rated R.† In their next album, â€Å"Songs for the Deaf,† Queens of the Stone Age attained even more popularity and critical acclaim. However, after releasing their fifth album, â€Å"Era Vulgaris† in 2007, the band went dormant after some serious injuries to lead singer Josh Homme and side projects by guitarist Troy Van Leeuwan and bassist Michael Shuman. But with the release of 2013’s â€Å"†¦ Like Clockwork,† Queens of the Stone Age was revived. The album contains the single â€Å"My God Is the Sun† and features former band members like bassist Nick Oliveri, drummer Dave Grohl, and vocalist Mark Lanegan – and even some backing performances by Elton John, Alex Turner (Arctic Monkeys), and Trent Reznor (Nine Inch Nails). The biggest success of â€Å"†¦ Like Clockwork† is the fact that Queens of the Stone Age was able to draw from past albums while moving in a new direction. We will write a custom essay sample on †¦ Like Clockwork †¢ Queens of the Stone Age or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Unlike their former work, â€Å"†¦ Like Clockwork† feels depressed and emotional yet offers the dark, heavy guitars and desert sound you expect from them. The dropped tuning that helped create the band’s signature thick guitar sound is present in â€Å"Keep Your Eyes Peeled,† while the excellent drumming of Dave Grohl is reminiscent of â€Å"Songs for the Deaf.† The production on this album is outstanding and takes the band’s sound down a new path. The addition of Dean Fertita on backing keyboards and guitar adds depth and layers woven into each song. This is especially noticeable on â€Å"I Sat by the Ocean,† where three harmonizing guitars can be heard. While the album is more emotional, it offers impressive riffs and catchy hooks. With a variety of moods, â€Å"†¦ Like Clockwork† creates an emotional roller coaster for listeners, peaking with upbeat songs like â€Å"If I Had a Tail† and â€Å"Smooth Sailing† and plummeting to sad, lethargic tracks like â€Å"The Vampyre of Time and Memory† and â€Å"†¦ Like Clockwork.† The use of slide guitar produces heart-wrenching melodies. The band branched out in this album, using backing synthesizers and even string arrangements to create moving pieces. The lyrics reflect on singer Homme’s near-death experience in lines like â€Å"I play as though I’m all right† and â€Å"can one so lost be found?† The cohesion and emotion of this album bring it to excellence. Despite its brilliance, a few flaws exist. The most noticeable is the slow pace. Yet, except for the monotonous bass in â€Å"Keep Your Eyes Peeled,† no song is too dull to bear. In addition, the album feels tame compared to its predecessors, since the departure of Nick Oliveri and his insane vocals. The album will appeal to teens and adults alike as its emotional side is relatable to all. Heavy rock enthusiasts may be disappointed at the relative calm compared to previous albums, but will none the less enjoy the excellent riffs and desert-rock sound. â€Å"†¦ Like Clockwork† was critically acclaimed and nominated for Best Rock Album and Best Engineered Album in 2013. The Associated Press ranked it second on the list of best albums for that year, and it topped the charts upon its release. Drawing upon classic Queens of the Stone Age sounds while still moving in a new direction, â€Å"†¦ Like Clockwork† is a stand-out album.