Scott v. Sanford Case Study Example | Topics and Well Written Essays - 500 words

Scott v. Sanford - Case Study Example Upon his owners return to Missouri, Dred was then sold to Sanford who became the defendant in this case. The basis for the suit was that according to Abolishonist lawyers, Dred and his wife had lived on free ground for a period of time, with his daughter even born in the free states and therefore, could no longer considered a slave and was in effect, a free man. The main issue of this case was that Dred was asking the courts to decide as to whether he was no longer a slave and instead was not a citizen of the land and as such, should be accorded the same rights as a free man under the U.S. Constitution (Dred Scott v. Sanford, n.d.). Dred sued for his freedom in 1853 in the federal court of New York under the Diversity jurisdiction provided in article 3. section 2 of the U.S. constitution. Judge Robert William Wells who heard this case directed his jury to base the merits of the case on the Missouri law. As per the facts of evidence, Dred lost. All because he failed to present a witne ss who could attest to the fact that he was indeed a slave for Sanford. As expected, a case of this magnitude at the time found its way to the U.S. Supreme Court where it was heard and decided upon by Chief Justice Roger B. Taney who was known as former slave owner in Maryland. It was his decision on this case that made Dred v. Sandford a highly precedential case since Judge Taneys decision effectively invalidated the Missouri Compromise (The Dredd Scott Decision, 1996). In his courts decision, seven out of 9 judges declared that â€Å"no slave or descendant of a slave should be considered a citizen of America.† (The Dredd Scott Decision, 1996). As such, Dred had no right to sue an American citizen, nor sue for his freedom in the federal courts. He was in effect, still a slave. Taney declared that the U.S. Constitution explains that no man should be deprived of his property and as such Dred,

Medical Law and Ethics Essay Example | Topics and Well Written Essays - 2000 words

Medical Law and Ethics - Essay Example technological advancements took place and as human civilizations marched to the 21st century, disease associated pharmaceutical, medical interventions and the like came into picture. Consequently, to ensure safety of fellow human beings ‘Medical law and ethics’ came into existence around 1950s. As years passed on, stricter control and laws were enforced, essentially to differentiate between what was a genuine effort in research and murder under the guise of medical trials. Presently, we have various laws and guidelines adopted by different countries and unions, including the European Union (1, 2). One among such guidelines is the Informed Consent (IC). Case 1. Patient dies owing to an artery being inadvertently severed during surgery. Surgery performed by a junior doctor in the absence of a supervising senior doctor and without the informed consent of the dead patient. A novel surgery technique involving laser equipment was adopted. The supervising senior doctor was also called to give advice on another case and since s/he cannot be present at two places at the same time, chooses not to be present at the operation theatre. As the patient dies ‘Blame game’ and ‘wriggling out of the situation with excuses’ starts - Hospital authorities clearly at the receiving end. Case 2. Patient’s brother, aged 16, male, taking medical consultation for an STD presumably contracted through a one night stand with his girlfriend, exhibits malicious behaviour. Clinicians deserve a better deal or patients are required to show better behaviour. Case 3. Patient (the adolescent with STD) administered substandard drug. Consequently, develops (presumably life threatening) severe respiratory infection. Hospital authorities definitely caught on the wrong foot again, as a better, albeit costly, drug is available for the same STD condition and is recommended by the National Institute of Clinical Excellence (NICE). An evergreen debate in Medical Law and Ethics