Essays on Infliction

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. ...

(Institute/College)

Domestic disputes

Domestic violence is a gender related crime that has been occurring for a significant period of time, but is one that has a short record. Much of the criminal jurisprudence in the United States defines this behavior as abuse against the wives or against intimate partners. American criminal codices that list down the action as a specific crime rather than lump it together within the general crime of assault define it as “family” or “domestic” violence (Erez, 2002). Texas law has identified three distinct acts of domestic violence: “domestic assault,” “aggravated domestic assault,” and “continuous violence against the ...

There is a controversial question whether it is possible to justify torture. A similar question arises in the debate on whether it is possible to justify the use of torture during interrogations of suspected terrorists. Arguments in favor of torture starts with utilitarian calculation. Torture is causing the suspect suffering that dramatically reduce his/her happiness or favor. From the utilitarian point of view, it can be argued that the infliction of suffering is morally justified if torture prevent death and suffering on a massive scale. The arguments of the former US Vice-President Richard Cheney, who claimed that the use ...

(Professor/Instructor) (College/University/Institute)

The digital revolution that reached its peak in the second part of the 20th century pervades its influence on every facet of the global society. One of the effects of a society impacted by this evolution is the faster access to data and the availability of the global community to that information. Nonetheless, there is another instance that is changing the operation of contemporary society-extremism. Examining all of its contemporary features, extremism is posing a two-pronged threat; one, it impacts the global community and two, terrorism impacts the changes that society will undergo. It is only after ...

Identifying the causes of aggression and pointing out ways to reduce or eliminate them can help to reduce aggression in both people and society. Understanding the importance of addressing aggressive behavior is important in limiting unwanted outcomes such as harassment, violence, and death. There are five major categories of aggression that should be assessed. These include gun legislation, reduction of media violence, understanding the social context of terrorism, reduction of self-harm, and values and regulations for activities such as bullying. Through analysis of these factors, a more informed perspective on how to reduce aggressive behaviors can be achieved. In ...

Foundation Course-

Evaluation Of The Strengths And Weaknesses Of The Current Theories In Explaining Revenge Pornography And The Implications That These Have For Policy And Practice In The UK In the recent past, there have been numerous cases of revenge pornography. Revenge pornography arises when an individual takes photographs of someone else without consent or knowledge. Then distribute the information either through the social media or any media channel (Cowen p.511, 2015).Revenge pornography takes many forms; for instance, through hidden recordings of sexual activity, taking photos of one when he/she is naked, recording of sexual assaults within the environment of ...

Violence

Violence is universally defined as the deliberate application of force, usually physical, against oneself, other people or a group of people, which causes physical harm or severe injury that may consequently lead to death. The act has to be intentional in spite of any of the premeditated outcomes. Any activity that presents injurious risk is depicted as violent.

Unfortunately, violence is not only present in my community but also globally. It is the cause of death for a little over 1.5 million people in a year (WHO, 2002). Theses violent acts range from suicides, homicides, wars, domestic violence, wars and many ...

Rob and Bunny Sherman want to file a suit against the Church of the Divine Light. They allege that one year ago, their 15 year old son called Rob Jr., was coerced into staying in the church. He was threatened by being told that if he left, he would be thrown into the eternal fires of hell. He was brainwashed and began believing that the church was his new family. He was also told to demand money from his parents to cater for his upkeep. Rob Jr. stayed in the church for a period of approximately six months. Rob Sr. and ...

According to sociological and criminological studies, social problems, namely poverty, race, and punishment are interconnected. Different scholars have developed five core arguments regarding the interconnection of these problems. The first is that criminal victimization and sanctions perpetuate stratification and poverty. The understanding of this argument requires an exploration of the current trends in criminal punishment by poverty status and ethnicity. It also demands an examination of how victimization patterns vary across races and how sanctions affect future chances at life. Criminal sanctions are usually inflicted by a state; however, the determination of the severity of the sanctions needs justification (Pager, ...

[First Last Name]

English [Number]

[Date Month Year]

I consider the arguments of Benjamin Powell and Matt Zwolinski (1 – 24) in the defense of sweatshop labor relatively solid and convincing. I agree with all the philosophical arguments that they forwarded except in minor areas in their supporting arguments. As such, this essay is largely a rejoinder of their arguments with additional supportive points that may strengthen their pro-sweatshop labor position. I agree that the labor market for sweatshops continues to be competitive, and the prima facie proof that the sweatshop employment was the best alternative accessible to them rests on the ...

History

Introduction Corporal punishment refers to the intentional infliction of physical pain with the aim of correcting or disciplining. Additionally, the corporal punishment can be administered. Many nations seem to be moving from this habit, however, some critics believe that corporal punishment should de embraced. For instance, in the United States there 19 states, which are still practicing it, while 30, have banned it completely. This essay seeks to examine the corporal punishment in the 18th, 19th centuries, and in some abolitionist circles.

Corporal Punishment in 18th Century

As a point of departure, the history of the corporal punishment dates back as early as the ...

Over many years the topic of euthanasia causes mixed reactions in society. Attention to the issue of euthanasia has increased with the development of social progress, and in particular - the technology of life support for seriously ill people. Relevance of the topic cannot be overestimated, firstly, due to the fact that it is associated with the most expensive thing a man can have - his life, and secondly - because of poor knowledge of the problem, its lack of lighting in the works of lawyers and almost and big law gaps in the legislation. Numerous debates on this ...

In Samuel Beckett’s Company, he uses variations of the word “devise,” “deviser,” “device,” and “devising.” In this paper the use of these words, which are used by Beckett with some frequency will be analyzed. The words will be analyzed as per their meaning, and in how “meaning” fit the contextual elements of Beckett’s text. The paper will be argued from an etymological perspective, to investigate whether words have different forms of meaning, and how Becket may be playing with the meaning of words. Although Beckett bombards the text with formations of the word “devise” in a seemingly absurdist ...

Introduction

The purpose of this paper is to investigate the nature and circumstances under which secondary victims of traumatic incidents or victims of negligence can lay claim for compensation. This paper deals with a very important aspect of tort law which is negligently inflicted psychiatric injury. This is most common in victims of post traumatic stress disorder who witnessed an extremely traumatic incident. The paper also examines the liabilities which would follow from such a case, especially if the guilty person is employed in the service of the company i.e. employment liability. Civil litigation involving tort law happens that when an ...

(School/University)

Castle Doctrine and Stand Your Ground

In self defense, the basic philosophy is that the amount of force to ward off the threat must be proportionate to the force that was being threatened to be used. In essence, lethal force is only permitted to be used in cases in stopping the infliction of grievous bodily harm that can result in possible death, the death of the person or loved ones, or rape or “sexual assault” in Michigan. The person using deadly force legally must possess a reasonable belief that by using such force, one if not all three of these scenarios will be prevented, and ...

(School/University)

Defenses used to Challenge Criminal Intent:’

Entrapment Cole and Smith (2007, p. 69) states that the defense of “entrapment” can be used by counsel to prove that the defendant is bereft of criminal intent. Under this defense, the law would exclude the defendants when it is proven that law enforcement officials coaxed the person to commit the crime. However, this limitation does not preclude the use of the undercover agents to trap the criminals, nor does it mean that the police should create opportunities or situations for criminals to commit crimes. Nevertheless, the defense can be availed of when the police clearly motivated ...

Background

Christopher Millea a Marine who participated in the first Gulf War suffers from a post-traumatic stress disorder accountable to his involvement in the war. He has developed a situation of suffering unpredictable pain attacks and exhaustion. These situations have necessitated frequent work time off on short notice. Since 2001, Millea had been working for a tri-state commuter rail road, the Metro-North. Millea applied for special leave in 2005 under the FMLA for special leave, an application that was approved by Metro-North granting him sixty days of intermittent leave for the year 2006 (LexisNexis, 2).

Events leading to the lawsuit

Millea was under the supervision of one Earl Vaughn ...

Dear Mr.:

The conduct here is extreme and outrageous because it is indecent, atrocious, and intolerable. The conduct rule states that an issue has to be “extreme and outrageous” for a claim of deliberate infliction of emotional distress.Medcalf v. Walsh.The court, while applying this rule, will most likely hold that McMahon’s conduct towards Valenzuela was unjustified. McMahon vehemently attacked Valenzuela by encouraging another student, Hochman, to refer to Valenzuela as a “wetback” because he was Mexican. When Hochman attacked Valenzuela verbally, McMahon did not stop him but encouraged him recurrently asking Valenzuela how he felt about the attack. She increased her vigilance, ...

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 ...

REYNOLDS V. ETHICON ENDO-SURGERY, INC., 454 F.3D868 (8TH CIR. 2006)

Parties: Appellant; Bethany Reynolds, Respondent; Ethicon Endo-Surgery, Inc & Dave Burns Procedural History/ Case Nature: The respondent was sued by its former employee, Bethany, for infringement of Title VII of the Civil Rights Act. Bethany also in the same suit enjoined David Burns her former immediate supervisor, negligent and intentional infliction of emotional distress. The suit was brought to Court District of South Dakota, where summary judgment was granted to Ethicon and Dave. Bethany appealed. Facts of the Case: Bethany was employed by Ethicon as a sales representative. Three ...

HIV/AIDS could be considered an incurable disease that fosters both health complications and discrimination or isolation to befall on the patient. People who are not familiar with the signs and symptoms of the disease, as well as its effect on the patient, would find HIV/AIDS patients as an epidemic that must be avoided at all costs due to the chances of being inflicted with just a touch. Some groups would even blame HIV/AIDS patients due to their influence on the country’s economic and social development. However, this negative outlook and deliberate attempt to blame HIV/AIDS patients to isolate them ...

Arguably, there are various theories that justify the criminal punishment. As a matter of fact, punishment is very crucial in the society since it is seen as a corrective tool. Punishment entails the strategic and international infliction of suffering and pain on people who are guilty of certain crime. Scholars assert that utilitarian and retributivist theories help in elaborating on the justification of criminal punishment. What are debatable are the differences that the theories bring out when justifying punishment. Punishment of its own necessitates a reasonable form of justification, especially in terms of moral and comprehensive political philosophy. The rationalization and justification ...

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 ...

Advice to Christine on Possible Action in Tort

Intentional torts are actions done deliberately to cause harm to the plaintiff. Examples include fraud, defamation etc. Negligence torts are caused when one fails to exercise care against perils known to present potential harm. Strict liability torts impose liability on a person who despite exercising appropriate care, thus not guilty of wrongdoing, caused unusually dangerous risks to society. Christine has no possible action in tort against her two friends, Sophie and Adele. This is so since Sophie and Adele had no legal obligation to take proper care of Christine. However they exercised proper care that a reasonable person would do ...

Even though, the justification of undertaking action of punishing an eye for an eye is faced by moral reasons, the intention should be not only legally but also morally justifiable. As an emotional response, to morally unjust acts, exact retribution advocates for the undertaking of punishments that match the crime committed against another individual. Nonetheless, the infliction of punishment in today’s society remains as morally justified right based on the decisions undertaken depending on the justification, rationale and nature of punishment. In addition, it is essential for rules that guide punishments to control the existence of different kinds ...