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Nye Frank

An Elder Fights the Denial of Medicaid by Division of Medical Assistance and the Hearin... - 0 views

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    STANDARD OF REVIEW When determining a motion to dismiss a complaint for failure to state a claim, allegations of the complaint, as well as any reasonable inferences [and annexed exhibits] which may be drawn therefrom in plaintiff's favor, are to be taken as true. Brum v. Town of Dartmouth, 44 Mass.App.Ct. 318, 321 (1998). Eyal v. Helen Broadcasting Corp., 411 Mass. 426, 429 (1991) and cases cited. See also Whitinsville Plaza, Inc. v. Kosteas, 378 Mass. 85, 87 (1979); Nader v. Citron, 372 Mass. 96, 98 (1977). Dismissal is also not appropriate where GiGi is entitled to any form of relief for any wrong or injury. Brum, at 321. Citron v. Nader, 372 Mass. 96, 98 (1977), quoting Conley v. Gibson, 355 U.S. 41, 45-46 (1957); Mass.R.Civ.P. 8(f). Massachusetts Declaration of Rights, article XI. "A complaint is not subject to dismissal if it could support relief on any theory of law" [Whitinsville Plaza, Inc. v. Kosteas, 378 Mass. 85, 89 (1979)], "even though the particular relief [which plaintiff] has demanded and the theory on which he seems to rely may not be appropriate." Nader, 372 Mass. at 104 (citations omitted). "A complaint should [also] not be dismissed simply because it asserts a new or extreme theory of liability or improbable facts." Jenkins v. Jenkins, 15 Mass.App.Ct. 934, 934 (1983). "[I]t is important that new legal theories be explored and assayed in light of actual facts rather than a pleader's suppositions." New England Insulation Co. v. General Dynamics Corp., 26 Mass.App.Ct. 28, 30 (1988) quoting 5 Wright & Miller, Federal Practice and Procedure, §1357 at 603 (1969 and supp. 1987). Patriarca v. Center for Living and Working, Inc., 1999 WL 791888 at 4 (Mass.Super. Sept. 8, 1999) (Wernick, J.). ARGUMENTS 1.Where Article V of the Massachusetts Declaration of Rights requires all public employees of the three branches of the government of the Commonwealth of Massachusetts to be accountable to the people at all times, this court is precluded from applying
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federal courts - 0 views

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    Providing the Context: The Federal Criminal Justice System In the United States, there are two distinct judicial systems: the federal judicial system that enforces federal laws, rules and regulations, and provides interpretations of the U.S. Constitution; and the various state and local judicial systems that enforce state laws, rules and regulations, and interprets the state constitution. The state courts have general power to decide nearly every type of case, subject only to the limitations of state law, the state's constitution, and the U.S. Constitution. In general, the state courts handle most criminal matters; the kinds of criminal violations that the general public thinks of as
Nye Frank

homicide cases closed exceptional numbers - Google Search - 0 views

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    Homicide case closed exceptional
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Administration on Aging - 0 views

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    Administration on Aging
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NCEA: Clearinghouse on Abuse and Neglect of the Elderly (CANE) - 0 views

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    9 Table of Contents Page I. Adult Protective Services Cases 11 II. Introduction 11 A. Definition of Adult Protective Services 12 B. Background 12 C. Attempts at a Nationwide Picture 12-13 III. Purpose 13-14 IV. Methods 14 A. Sample 14 B. Procedure 14 C. Data Collection Instrument 15 D. Study Limitations 15 V. Findings 15 A. Statutory and Program Information 15-16 B. Statutorily Authorized Populations Served by APS 17 C. Program Administration 17-18 D. Investigatory Authority 18-19 E. Reporters of Elder/Adult Abuse 19-20 F. Failure to Report Abuse 20-21 G. Timeframes for Failure to Report Abuse 22 H. Prosecution Rates for Failure to Report 22 VI. Investigatory Requirements 22 A. Time Frames for Beginning an Investigation 22-23 B. Length of Investigation 23 C. Categories of Alleged Mistreatment Investigated by APS 24 VII. Reports Received, Reports Investigated, and Reports Substantiated 24 A. Total Number of Reports Received 24-25 B. Numbers of Reports by Complainant 25-26 C. Total Number of Reports Investigated 26 D. Total Number of Reports Substantiated 27-29 E. Substantiated Reports by Age Categories 29-30 F. Allegations Substantiated by Category 30-31 VII. The Victims in the Reports 31 A. Gender 31-32 B. Race/Ethnicity of Victims 32 C. Age of Victims 33-34 D. Reports/Investigations by Setting 34-35
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My Library tagged congress - 0 views

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    "Simple Middle Advanced * Filter: * All * Unread * Public * Private * Annotated 01 Mar 10 0More HeinOnline:LibrarySpecificHelp - HeinOnlineWiki more from heinonline.org - Snapshot - Edit - Delete - Share▼ * Send to... * Get Annotated Link... * Generate report... * Link to the meta page - Preview law treaties attorney general congress 25 Feb 10 0More ADVOCATING TO END ELDER ABUSE and Protect our Seniors!!! Corruption to eldersNegligent infliction of emotional distress more from elderabuseadvocate.blogspot.com - Snapshot - Edit - Delete - Share▼ * Send to... * Get Annotated Link... * Generate report... * Link to the meta page - Preview Racing Riverside County Legislation Congress Senator 24 Feb 10 0More My List: A Collection on "Federal Courts Congress Intent" (Congress,Crime,Victims,statutory,law,Federal,Court) | Diigo There are no common-law offenses against the United States, and one may be subject to punishment for crime in a federal court only for the commission or omission of an act defined by statute or regulation having legislative authority, and then only if punishment is authorized by Congress. http://74.125.155.132/search?q=cache:c1KTay-Fv2EJ:www.answers.com/topic/criminal-law+legislative+homicide+cover+up+equal+to+criminal+conduct+chargeable&cd=3&hl=en&ct=clnk&gl=us more from www.diigo.com - No snapshot - Edit - Delete - Share▼ * Send to... * Get Annotated Link... * Generate report... * Link to the meta page - Preview Congress Crime Victims federal law court my list a 0More Congress rules for crime victims federal court - Google Search There are no common-law offenses against the United States, and one may be subject to punishment for crime in a federal court only for the commission or omission of an act defined by statute or regulation having legislative authority, and then only if punishment is authorized by Congress. http://74.125.155.132/search?q=cache:c1K
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Lawtopic.com - 0 views

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