Plaintiff Research Papers Samples For Students

The plaintiff, Mrs. Drake is a trained and qualified teacher of American English. She is a Black American citizen. The first defendant is the Headmaster of Governors Dummer Academy and the second Defendant is the Board Governors of Governor Dummer Academy. The facts were that on the tenth of October 2011, the first Defendant summoned the plaintiff in his office and instructed the plaintiff to explain her reasons for her absence at the work place without permission for three consecutive days starting the 4th of October to the 6th of October of 2011. The plaintiff reported to the headmaster that her ...

Law of Torts in Business

Introduction

In the laws of a country, the law of tort is concerned with how someone treats their neighbour. A person should not injure a person neither should he trespass into a neighbour’s property. Such acts are considered to be criminal in nature and the individual will be liable in a court of law. The law of torts covers a range of actions such as negligence, intentional injury and defamation that ruins an individual’s reputation. The law of torts is best illustrated by the case of Donogue vs. Stevenson. The plaintiff was with a friend in a cafeteria taking ginger beer. When she took ...

Abstract

The legal business environment, including laws and regulations formulated to control the conduct of business activities is one of the most important external factors that affect major commercial decisions by business organizations (Pathak, 2013, p. 96). This legal framework influences decision making by businesses right from registration, workplace safety of employees, decisions on employment or dismissals, product safety, business agreements, to financing and marketing decisions (Campbell, 2009, p. 154). Businesses enterprises, according to Miller and Jentz (2011) must always operate within the purview of this legal framework as they make decisions on the various commercial activities, processes and operations ...

In the clash that made cars driven by Deb and second by Abe, plaintiff suffered head injuries, quickly followed by suffering a serious knees injury because of the car driven by Anne. Upon arrival at the hospital, the doctor said to the injured that he had to have an operation or his legs must be amputated. Knowing the risk damaged was certainly accepted surgery. Although it has been unsuccessful, although damaged lost both legs, he had to endure a lot of pain, which are created( it was later determined) by incorrectly specialist, who left a piece of metal that to accrete with ...

International Air Law

Air transport is currently considered the fastest and safest means of transport globally, Passengers want to feel secure when flying from one place to another and expect the airline to be responsible in the event where they experience any form of injury while under the airline’s care. However, the application of treaties and agreements in determining the liability of airlines in instances of accidents has triggered debates as to what extent the airlines are liable for the damages experienced while the plaintiff is onboard. A particular question arises regarding the extent of injuries that an airline can be ...

Things remembered recalled children’s jewelry from the market on July 19, 2016. The recall is referenced by the Recall Number 16-228. According to the United States Consumer Product Safety commission’s website, the reason behind the decision to recall was a violation of lead standards for children products. Specifically, the product subjected to the recall included the silver heart bracelets and the sweet charm necklaces for children. Silver heart bracelets are six inches long each of which has ten silver hearts linked by circle links. Besides, it has a lobster claw clasp for its closure and one charm ...

Garlock Sealing Technologies, LLC is a company that manufactures fluid sealing products used in the processing industry. The company employs more than1900 people, with 12 manufacturing facilities around the world (Garlock, 2013a). In the past, sealing gaskets for use with pipes moving steam or other heated materials were manufactured using asbestos to provide heat resistance to the seal. Workers exposed to asbestos in the workplace have a highly increased risk for mesothelioma, a type of lung cancer (Mayo Clinic, 2012). Garlock Sealing Technologies, LLC has been involved in product liability suits related to the use of asbestos in their seals for 35 ...

Korb v. Raytheon, 707 Supp.63 (D.Mass. 1989) is a case where Lawrence Korb, is the plaintiff against Raytheon Company, the defendant. The plaintiff was a former employee of the Raytheon Company which was a defense contractor company. The case was brought by the plaintiff on grounds of wrongful termination of employment by the company. This case brought about a lot of issues concerning freedom of speech, freedom of information and employment laws. The case also helped to lay precedence on issues regarding freedom of speech, freedom of information and employment laws.
The case involved the plaintiff Korb who was an employee of ...

Introduction

Trade was one of the most important economic activities of the ancient civilization. Initially trade was mainly conducted on land .As the scope of the activity expanded with time, another mode of transportation; water transport started to become gradually important and started to attract the attention of commercial enterprises. As this mode of transport became more important, there arose a need for the formulation of insurance scheme to protect the water vessels, the passengers, and cargo for the various risks that they faced in this transport mode. Marine insurance is therefore one of the oldest forms of insurance that has ...

Abstract

Domestic violence, as its name suggests, involves intimate partner and family violence. The law has historically treated domestic violence as only a secondary issue. The treatment reflects the longstanding notion that family and domestic matters are private and should not be subject to law enforcement interference. Compounding this blasé attitude towards domestic violence was the fact that traditionally, women were considered to belong to their husbands. Until very recently, a husband could not be prosecuted for the rape of his wife. What is important to note is that domestic violence affects all types of persons. There is no one, ...

ADULT

Abstract
Sexual offences on children are a very traumatic event for them. This is the main reason why they repress this abuse in order to protect themselves from the memories. The statute of limitation comes in handy for this kind of claims. It enables people to be able to defend themselves against these claims when they are innocent and it helps the plaintiff to give evidence they may have about the issue. There have been many cases where adults have been able to remember abuses from childhood and have taken their perpetrators to court. The main reason for doing ...

The Australian administration law has developed over the last three decades. The framework of the law is marked by the comprehensive system of the administration law. Key elements addressed in the administrative law system include the conferral of information under the freedom of privacy legislation, human rights agencies, the review of the administrative tribunals, and review of the judicial courts. Administration law looks at the implications of three main groups which are the courts, executive, and a citizen. The three groups are directly involved in each of the administrative law dispute. They can either be the defendant, adjudicator or the ...

RE: Mr. and Mrs. Julio Zavala
I have reviewed the memo regarding the requests of Julio and Clara Zavala regarding their taxes. The couple is married. He has enough money at his disposal that he was able to quit his 9 to 5 job and travel extensively. Here is a summary of the four main tax issues according to the information you provided. The first issue to consider is whether or not Julio Zavala’s expenditures can be considered as tax deductions. These trips were combination of work objectives and leisure activities to entertain his potential clients who are ...

Definition of terms

Locality Rule- This is the law used to measure health care providers and their omissions or actions on the threshold of how other similar professional in the field practicing in the same community act under the same circumstance of the case.
Standard of Care- This is the average degree of care, diligence and skill practiced by members of the in same profession, who are in the same locality in accordance with the current or modern state of medical and surgical science.

Medical customs-Procedures and methods used by physicians that are acknowledged and acceptable by members of the medical profession

Introduction
The cardinal objective of health care laws is to safeguard patients from substandard medical treatment ...

Part One
Wall Mart Company is faced with a sex discrimination lawsuit which is based on statistical analysis which indicated that the company which is rated as the largest employer in the United States discriminates against women employees.
This discrimination as argued by attorneys is explicitly reflected in the payment of salaries and giving of promotions to the employees. It is argued that female workers in the company are paid less and given fewer promotions compared to their male counterpart, despite the fact that they are both exposed to the same work load in the conduction of their ...

Arunabha Banerjee

Senior Associate, Corporate & Compliance Solutions, Thomson Reuters
Abstract
With the advent of technology, the level of invasion into the territory of our individual privacies has increased significantly. Fancy gadgets have crept into changing rooms, lockers, washrooms and in some cases public places to record the most intimate acts, which when revealed would embarrass any victim. In spite of the best efforts of the state legislators, the laws do not sufficiently address the core issues. Even the judicial pronouncements lack sufficient foresight in laying down the gauntlet for the peeping toms. The situation is clearly calling out for ...

Zoom Car is an automobile manufacturing agency that seeks to satisfy its customers. Client satisfaction is vital, and the company offers a compass installation in its cars as an after-sale service. Zoom Car Company is involved in installing the compasses, which are manufactured by a different company called Corrigan, Inc. one of the Zoom company clients, Daniel Boone purchased an automobile, which was installed with this feature. He was involved in a crime scene after driving to an unsafe place; this was because the compass malfunctioned and lost direction. The client suffered injuries due to beatings from thugs in the insecure location ...

The Federal Torts Claims Act (FTCA) is the statute that allows for the recovery of damages against the United States (Cann 487). This Act allows prisoners of the federal government and pretrial detainees in federal correction facilities to file lawsuits against the United States if a federal officer injures them.
The Federal Torts Claims Act enables a litigant to sue the federal government over torts committed by its employees (Cann 487). The United States has no qualified immunity under this Act. It is important to note that the Act does not limit a noncitizen from suing the federal government. ...

Introduction

The plaintiff, Marisa Bailey, respectfully moves for summary judgment. Summary judgment should be granted on count 1, her claim for violation of the Establishment Clause and on count 2, for her right to Free Exercise of Religion under the First Amendment of U.S. Constitution due to the actions of the defendant. Under the applicable constitutional tests, the undisputed facts compel a judgment as a matter of law for both counts.

Statement of Facts

For the purposes of this motion, the following facts are undisputed:
1. Marisa Bailey is a student in her senior year of attending the James River High School overseen by defendant, ...

Issues

The tort of intentional emotional distress is not only a controversial topic among laymen, but it is also a problematic point of law among lawyers and judges. With regards to the issue at hand, jerry embarks on a mission to make George uncomfortable at the workplace, in order to force him to quit. The fact that jerry, on purpose and by choice turns off the air conditioner in George’s office demonstrates that the act is intentional. Human beings are social animals and, therefore, a person requires the comfort of other fellow beings to live comfortably. Jerry, however, to frustrate George urges everyone ...

Arguably, there are various issues and crimes in the world today, but most of them do not go to trial. Hence, it is crucial to implement and understand traditional and alternative dispute resolution litigation equally. The nontraditional and traditional litigation are available for organizations and individuals for them to resolve disputes. Hence, it is appropriate to compare and contrast traditional and nontraditional litigation forms of ADR (alternative dispute resolution).

Undeniably, the ultimate goal of both traditional and nontraditional litigation system is to ensure that dispute among the parties involved is solved. In both scenarios, the parties involved in the ...

Introduction

The phenomenon of whistleblowing undoubtedly possesses a contradicting nature resting on the positions of informant and his employer. The given paper determines main characteristics of a whistleblower (both socio-psychological and legal), analyzes the instance of whistleblowing occurred at JC Penney, and assesses the protection which may be awarded to the informant.

Key Characteristics of a Whistleblower

Basing on the professional observations obtained in the course of long-term research and monitoring in the field of whistleblowing, typical and main features of a whistleblower may be classified into two groups: socio-psychological and legal. It should be reasonable to begin a consideration of social traits possessed by ...

Professional negligence

Generally, professional negligence can be described as the adjudged failure of a professional individual to possess the average skill or knowledge of other professionals in like circumstances, or, the failure of the individual to use their skill and knowledge if they possess it. It is evidenced by the results of their activities (Slovenko, 2009). An obligation to compensate for the damaged caused should be done if negligence is proved. The terms ‘medical malpractice’ or simply ‘malpractice’ are embedded in both legal and medical literature and are also a habit of thought.
Professional malpractice in psychology occurs when, in the context ...

The Constitution was written for the purpose of granting the people of the United States their inalienable rights. The constitutional rights were established in the Bill of Rights and the First Ten Amendments that include some of the rights that people and the courts still used every day. This paper is tasked with providing an analysis of the case, Korb v. Raytheon, 707 F. Supp 63 (D. Mass. 1989). This paper will discuss the challenges that were discussed in regards to the Constitutional rights. This paper will provide supporting cases that touch on the same themes in order to ...

Judgment in the case of Marbury v. Madison, often referred to as the most important in the history of the United States Supreme Court, has put into practice the principle of judicial review and the authority of the Supreme Court to recognize the constitutionality of both legislative and executive acts.
This case arose as a result of the political dispute that broke out after the presidential elections in 1800, when Democratic Republican Thomas Jefferson defeated the president of that time Federalist John Adams. In the final days of his being in office of the administration of Adams, Congress, in ...

Black’s Dictionary (1990) defines gross negligence as the intentional failure to manifest or perform a duty in a reckless manner, with a lot of disregards to the underlying consequences as effects to another party. It is a situation in which the actor intentionally plans and/or fails to do an act that is his duty to another. Such act can lead to a bodily harm. In a recap of events that unfolded hence calling for this case, one of my participants who is the plaintiff in this case, Mr. Edison Derwood had been injured during a training session. A medical report upon examination reveals that the ...

Wesberry v. Sanders

Wesberry v. Sanders
The case of Wesberry v. Sanders was decided by the United States Supreme Court in 1964. The case originated in the state of Georgia and involved United States Congressional districts. Wesberry is one of the seminal redistricting cases of the 1960. Wesberry v. Sanders was a part of a series of “one man, one vote” cases that had a significant impact on the composition of the United States House of Representatives. It was decided on the heels of Baker v. Carr, a 1962 redistricting case that held that redistricting question were not political questions outside of the court’s ...

Crime in Miami Gardens between 2002 and 2005 was out of control resulting to the city Council approving a shift to its own department from Miami-Dade County Police. The department started it service in December 2007 and by 2011 the city has witnessed an overall decline in serious crimes by 33%.This reduction has occurred across board and the only exception has been on homicide which has remained steady. There was use of the FDLE data in comparing a crime average rate for three years for other local cities and the findings confirmed that there are now lower overall crime rates ...

ACCOUNTING

Memorandum
RE: Zavala, Julio and Clara
This memo includes a brief summary of the Julio Zavala information pertaining to tax law, a brief discussion of the tax issues that arise and examples of court cases that are likely to have an influence on the tax status of Zavala, his wife and son.
Julio Zavala is married (Clara) and they have one adult son (Robin). Due to medical issues Robin lives at home with his parents. Zavala was able to retire from his day job (9am to 5pm) because he has enough money to do so. He has enough ...

Alan versus Chicago O’hare Airport

It is the duty of the management of the airport to make sure that the airport is free from objects that may cause harm to any person within the airport, including the passengers. For the case of Alan, he was late for his flight and decided to rush knowing that the airport was free from any hazards that could cause him any harm. This prompted him to run without being keen on where he was stepping. Unfortunately, he stepped on a banana peel, fell and got injured. The O’Hare Chicago airport management was negligent by not clearing the banana ...

Abstract

The purpose of writing this research paper is to evaluate the legislative standing of abortion. Throughout history abortion has been a controversial issue, and still is. The US Courts have given their rulings on many cases involving abortions that have transformed over the time. Abortion is a controversial issue and has given rise to many questions in the context of political science and law. Several abortion related matters have been discussed in this work such as the brief historical account of abortion rulings in the court of the US, and the impact it had on the cases; how successfully ...

At Will Employment Issues

According to information found at the National Conference of State Legislatures website. “Employment relationships are presumed to be “at-will” in all U.S. states except Montana.” This means that employers and employees can end the relationship at will or without cause or threat of retaliation from the termination of employment of either party. There are not any legal requirements that surround the termination such as a period or a specific reason involved.
Every employee in the United States, except Montana, is considered to be an at-will employee unless he or she has signed a specific contract with the employer at ...

Introduction

Industries in West Virginia have violated the state-issued permit of pollution by releasing toxic substances such as coal ash and selenium into the local water supply. In addition to the threat toxic substances like coal ash and selenium pose to the health of the community, toxic water destroys the environment and destabilizes the local ecosystem of the areas impacted by such pollution. West Virginia Department of Environmental Protection (WVDEP) was formed as a guidance tool to aid persons to know when it is environmentally secure to withdraw water from the stream. This judgment is built on percentages of yearly ...

In 1950, the member states of the Council of Europe, in order to further realize the common and fundamental belief in the protection and preservation of human rights within Europe, signed the European Convention on Human Rights. (ECHR). In order the better achieved the goals set of in the ECHR, the convention established the European Court of Human Rights (ECtHR) and provided it with the judicial power to hear and rule on cases brought before it alleging violations of the ECHR.
The human rights originally protected under the ECHR and enforced by the ECtHR included the broad range of ...

extracted from their body?

Introduction

One of the toughest and not resolved legal and ethical issues in the field of patent law is thought to be the establishment of ‘the optimal means of distribution among biomedical researchers and their research participants of any rights in commercial products and revenues derived from human tissue’ (Gitter p.261). In consists in the fact whether a patient is granted a property right to a cell-line, particularly tissue, extracted from his body. Tissue itself is defined as ‘a collection of cells of similar structure organized to carry out one or more particular functions’ (Gitter p. ...

Psychological Testing is a field in psychological studies also referred to as psychological assessment. It is a process through which individuals in the profession of psychology try to evaluate and understand a person and his mental behavior in depth. In addition, this testing allows for the determination of one’s personality, individuality and their IQ and the mental components. In this study one gains the ability decipher a person's strengths and their weaknesses.

1.What are at least two ethical issues associated with psychological testing? What impact do these issues have on the field of psychological testing?

One of the core ethical issues is confidentiality. This is code of conduct is required to be implemented by any licensed and operating psychologist. It entails the psychologist not ...

This refers to uninvited or unsolicited physical, verbal or other conduct, express and/or implied, that makes demands for sexual favours in lieu of some detriment and/or in exchange for some benefit. To prove a quid pro quo harassment, a victim must demonstrate express/implied sexual advances; the fact that such advances were unwelcome; and the perpetrator used and/or threatened to retaliate if their advances were rejected. According to the U.S. Equal Employment Opportunity Commission (2010), unwelcome sexual advances and other conduct in violation of 29 C.F.R. § 1604.11(a) occur when:
Rejection of or submission to such conduct by a victim comprises a basis for ...

Introduction

The strategic prominence of sports cannot be over emphasized. From the inception of the Olympics and sports event such as the FIFA world cup, it is a testimony that sports have played a major role in bringing people together. Through the different sports events all around the world, special gatherings have been a witness. Individuals either directly or indirectly take part in ensuring that the sports events are a success. However, it should be noted that while sports has played a major part in bringing people together, it has not been short of controversies. A number of controversial issues have been reported either involving ...

Introduction

Singapore is one of the upcoming business hubs in the Asian market and continues to grow and expand in equal measures. The country is located on the southern part of the Malay Peninsula in Asia. The country has instituted various laws that seek to expand the business and protect its industry from other external markets and economies (CCH Asia Limited, 1971). The restraint of trade in Singapore has affected its local and international business organizations. Some trade laws restraint employees from joining competitors where they affect employment contracts signed by the employee for the duration of time he/she works ...

The congress of the United States has put legislation in the leather industry the Resource Conservation and Recovery Act (RCRA) (RCRA Nonhazardous 1).This act governs the generating, storage, transportation, and the treatment procedures as regards the leather manufacturing facility. The Environmental Protection Agency (EPA) controls and regulates the RCRA Act in the nation (EPA Reports on Progress 1). The EPA ensures that industrial and manufacturing industries such as those that prepare the basketball adhere to the laid down procedures as regards waste. The RCRA Act stipulates environment friendly ways of handling all industrial waste in the leather industry. ...

Floyd, et al. v. City of New York, et al

The rule of law pertaining to the Floyd, et al. v. City of New York, et al case is discussed below. The proceedings of the case raised two critical questions that had public importance. The rule of law requires that every individual and any organization to be subjected to the constitution and persons are allowed to be above the rule of the law. The issue of whether to allow the New York City Police Department (“NYPD”) to violate the Constitution of the United States is complicated because the frisks ...

Question 1

The United States economy needs to be protected from the high-risk gambles in the securities/banking, a basis of the economy. The administrative agencies such as the Commodities Futures Trading Commission (CFTC) as well as the Securities and Exchange Commission (SEC) should thus be at the forefront in protecting the economy by preventing these high-risk gambles in banking/securities.
These two administrative agencies played a key role in inspecting massive trading losses in JP Morgan Chase case. The investigation by SEC could only center on completeness and appropriateness of the financial reporting of JP Morgan Chase as well as other public disclosures. ...

Restorative justice is concerned with the interrelatedness of the human involvement, and it further offers an alternative framework for resolving different conflict and the resulting harm. It seeks to with the issue of how to make things right. Within the context of criminal justice, the implication of making things right simply means identifying the harm suffered by the intended victim, making the offender accountable for his actions, as well as reestablishing social interactions within the society. It provides the involved parties a chance to repair the harm suffered. Each stakeholder has a story to tell (Jane and Carol 130). This method ...

Final Essay: Meditation and Conflict Management

When legal researcher Erin Brockovich blew the whistle on California utility company PG&E in the early 1990s, the subsequent tortfeasor lawsuit Anderson vs. PG&E, resulting in a $333 million landmark settlement to the plaintiffs in 1993, established a new baseline for damages in respect to environmental violations by a corporation (Girardi & Keese). Analysis of the legal representation of 650 residents in the City of Hinkley, California, by Brockovich’s employer, by law firm Girardi and Keese expiates the limitations of mediation and conflict management leading up to litigation of gross negligence cases.
The case alleging defendant corporation, PG&E’s contamination of ...

The case of Mathias v. Accor Economy Lodging delves into the question on whether failure by the motel to take preventative measures against a situation that result in offensive non-consensual touching and some degree of physical harm constitute intentional torts. It further looks at whether such failure as well as the subsequent non disclosure of possible harm is an intentional tort whose remedy can go beyond compensatory damages. The case is on the in intentional torts of fraud and battery. Battery involves the intentional offensive
non-consensual touching while fraud is the act of a known misrepresentation (Barth, 2008).
The ...

Introduction

Negligent tort refers to the harm caused by a person to another due to the failure to act reasonably towards a person to whom a duty of care is owed. Negligent torts are among the most prevalent types of torts. It is however important to note that negligent torts are not caused by deliberate acts (Owen, 2007). This kind of tort originate when a person or an entity fails to act reasonably leading to personal harm on a person or persons to whom the person or entity owes a duty to. Negligent acts lead to personal injury to an individual or individuals and in other ...

Introduction

The pretrial process refers to the meeting between the two parties involves in a certain case prior to its trial. it normally takes place before the selected trial magistrate or judge who is entitle or has the judicial powers.In a civil or criminal case, this process takes place prior to the actual trial. It only occurs in the events where either of the parties request or if the court order for it. The major reasons that lead the parties and the court to request for the conference, is to ensure that there is full utilization of the existing pretrial activities. It ...

Firstname Lastname

1. Differentiate between criminal law and civil law as related to the practicing medical assistant. Provide a real world example of each in relationship to working in a medical administrative or clinical environment.

Law is generally divided into two subcategories: criminal law and civil law.

Criminal law: Criminal law applies to scenarios where a felony or misdemeanor has occurred. Felony refers to a serious punishable act (such as murder, abuse, arson, etc) committed by an individual. Misdemeanor refers to a less serious punishable offense, which does not require imprisonment, but rather rehabilitation and fine. For a medical assistant, criminal law would apply when he/she fails to follow her duty due to negligence and causes harm to the ...

The Pokot is a tribe in Africa living in both Kenya and Uganda. However, most Pokots live in the Northern part of Kenyan Rift-Valley which lies along the Kenya /Uganda border. An interview with Daniel Lotodo, a 78 year old man from the community revealed a lot about the ethnography of the community
The Pokot for a long time are predominantly pastoralists’. Their occupations of cattle keeping has been necessitated by environment factors. The area is semi arid and agricultural produce can hardly do well. However, through barter trade with neighboring communities such as the Samburu and the Marakwet, the society would ...