Essays on Plaintiff

Issue

Robert Olins, the defendant in the case was found to be in breach of contract by a lower court. A lease was drafted and signed by Robert Olins and Pan Handle Realty, LLC for a year’s period. Part of the agreement was that Pan Handle Realty, LLC was to unfurnish the property and Olins was to make payments for the amount of a year’s rent (Cross & Miller, 2015). Olins had issued a postdated check which was to be cashed after Pan Handle Realty, LLC had completed the modifications in the house. It was then that the plaintiff ...

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. ...

One of the fundamental methods of determining liability in Tort Law is the “but-for” test. According to the test, liability is analyzed by asking the question: but-for the defendant’s negligence, would the plaintiff have been injured or harmed? If the answer is no, then the defendant, and only the defendant, is liable for the plaintiff’s harm. While the “but-for” is a Tort Law fundamental, it sometimes proves inadequate in determining a defendant’s liability. Consequently, Tort Law has developed other means of determining the cause of a plaintiff’s injury in fact. One of the alternatives to ...

YourName

This case study presents J.W., a patient who went to the emergency room of the Community Hospital due to a persistent and severe headache over the last couple of days. Patient displayed signs and symptoms that her condition required blood testing and a head CT scan. However, Nurse Jackie, the nurse assigned to handle the patient’s case, only charted the symptoms but did not act on it or report it. The triage nurse, together with Nurse Jackie, also interviewed J.W. about previous neurological problems, headaches, or incidences of cerebral hematoma. But due to J.W.’s disorientation caused by ...

It’s a principle that provides the basic and the essential part in the mathematics of sorting and even counting. This principle was introduced by Johann Peter Gustav Lejeune Dirichlet in 1834. He called it the shelf principle or drawer principle. However, many people appreciate his insight and call it the Dirichlet drawer principle. The name pigeonhole was introduced in 1940 by Raphael Robinson. In the literal sense, pigeonholes refer to shelves or holes used to place pigeons. Thus, the principle roughly states that if one has a given number of boxes and a given number of items to ...

Part 1

Objective: in this critical analysis, you are expected to demonstrate an understanding of public health ethics and legal issues. Also, you are required to actively engage with the subject and come up with a substantial perspective on it.

Introduction

This critical analysis will outline the main purpose of the public health ethics and legal issues for protecting and upholding public health. Public policies and social programs are some of the aspects that constitute a good public health. Also, some patients with distinct issues contribute to the wellbeing of the public health, especially in a situation of unethical event regarding health ...

Introduction to Contracts

Just like any other website dealing with social media, Facebook has terms of service that users must accept by clicking on a box before they go on to create an active account. Many legal experts around the world have questioned the legality of the Facebook terms of service seeing that the agreement process is just ticking a box. However, such terms of service are legally binding, and a violation on either side can result in a legal issue. For instance, agreeing to the terms of service allows face access and use of your personal data for research and another ...

Garayalde-Rijos v Municipality of Carolina

The case was brought before the court of appeal in the in the United States and the parties to the suit were; Waleska garayalde being the plaintiff who was suing Jose Aponte Dalmau the mayor for the Municipality of Carolina and the Municipality of Carolina.

Facts of the case

The plaintiff Waleska garayalde filed a suit of gender discrimination with the Equal Employment opportunity commission (EEOC) alleging the municipality of Carolina refused to accord her equal opportunity of being a fire fighter based on the fact that she was a woman. She further alleges that, less qualified men as compared to her were ...

Question and Answer: Briefing Ghen v. Rich

The claimant who was a fisherman used his bomb-lance to shoot a fin-black whale on a beach. The bomb-lance was meant to mark the fish as belonging to him his property. The fish on being shot sank to the ocean bottom but was washed ashore some days later upon which the defendant, a hunter, killed and took the fish for an auction sale as his. The custom of the community dictated that whoever found a whale with a mark was to notify the owner who was expected to pay the finder a fee for having found it. The defendant ...

Lord Gardiner’s statement is a wonderful example of legislators recognizing that precedent may stifle the appropriate outcome in a legal dispute. Comparisons can be made between other Western countries; for example, the US Supreme Court has reversed precedent that it set itself decades prior, such as the landmark case Brown v. Board of Education. Just like these countries, Lord Gardiner believed that Britain should not limit itself to decisions based solely on decisions in the past because the modern day situations that arise often require a more complex and systematic methodology for determining justice. In addition, but not ...

[Class Title]

The Lawyer-Client Relationship The lawyer-client relationship should be based on trust and confidentiality. Under no circumstances should a client lie to his or her lawyer as well as under no circumstances should a lawyer incriminate his or her client for telling them the truth. A problem in trust and confidentiality will result to poor lawyer-client relationship, which could significantly impact the outcome of a case. Trust and confidentiality problems arise when the client withholds some information from his lawyer for fear that his lawyer will back out. There are clients, for instance, who are guilty of doing ...

Q.1 The elements of the plaintiff’s claim for damages against the hotel as the employer include loss of income/earnings or economic loss and pain and suffering. The complaint against the animal keepers as guests is a breach of the duty of care constituting negligence. Examples of animal diseases that one may contract as a result of being around or handling animals include zoonotic diseases such as anthrax, brucellosis, leptospirosis, arbovirus, and Campylobacteriosis. To avoid infection by these diseases, the care that one should include the use of personal protective equipment such as boot, aprons, overalls, goggles and gloves, ...

Brian Short v. State of Florida

The Main Issue Is the “Maintaining the size of our children law” in the State of Florida is unconstitutional considering the imposed marriage prohibition on the basis of height?

Relevant Legal Concepts

Under Section 1 of the 14th Amendment, no state shall enforce any law that would abridge the privileges and immunities of the citizens of the United States, nor shall any state law should deprive any individuals of their liberty, life, property, denied jurisdiction of equal protection of the law and without due process (Schubert, 2008, p. 24). Civil rights is a basic proponent of the Constitution stipulating that personal liberties ...

1 a. According to the Women’s Charter, Chapter 353, Section 95, either party to a marriage may file for divorce on the grounds that the marriage is irretrievably broken (The Law Commission, Women’s Charter, 2013). The Charter sets forth certain situations that may constitute a finding of an irretrievably broken marriage. The following facts, according to the Charter, would result in a finding of an irretrievability broken marriage by the court:

Adultery has been committed by the defendant and plaintiff find it intolerable to live with defendant

Defendant behaves in a way that plaintiff cannot reasonably be expected to live with defendant Defendant has deserted the plaintiff for a continuous period of at ...

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 ...

Legislation Interpretation

Purpose of Judicature Act 1908 The Act provides for rules that are to be used in securing and ensuring just, speedy and cost-effective determination and disposal of all sorts of civil proceedings and interlocutory applications in New Zealand. Section 1.4 of the Act provides that the rules set by this Act shall apply to the practice and procedures of the court in all civil proceedings and interlocutory application except in cases where appeals are filed to the Court of Appeal of Supreme Court (Judicature Act 1908).

Proposed Changes

The Judicature Act 1908 has undergone several amendments over time. The most recently ...

Castore v Tutto Bene Rest. Inc. (2010 NY Slip Op 07695 [77 AD3d 599]).

Plaintiff: Emmy Castore, Appellant Defendant: Tutto Bene Restaurant Inc., dba Chelsea Restaurant, Respondent.

Procedural History:

Castore brought suit in the Civil Branch of the Supreme Court, New York County. The plaintiff sought damages for injuries she sustained as the result of a slip and fall that occurred on Defendant’s premises. The defendant moved for summary judgment to dismiss the complaint. The motion was granted unanimously by the Supreme Court. The case was then brought before the Appellate Court, First Division.

Facts:

The plaintiff contended that the defendant ...

Introduction

Natural law theory and positivism are two approaches to thinking that differ in the basic legal principles and rules on the treatment of law. Principles and rules influence English jurisprudence and the administration of justice through the attitudes, perspectives, approaches, decisions and pronouncements of judges and jurists. Natural law theory and positivism dominate respective areas of English jurisprudence and adjudication process, but these approaches may also simultaneously exert influence to raise issues and cause developments in other areas.

Influence of Natural Law Theory

Natural law is “the order of the dynamic tendencies that are proper to man as a rational being”. The rule of ...

Business and Law

BUSINESS AND LAW Introduction The breaching of contracts and denial of human rights have risen over the past few years due to the lack of enough knowledge. The paper covers several cases whose judgment is based on the Australian common law and consumer acts in the IRAC format

Question 1

Issue: Does Brenda have an action against Steven for the breach of contract? Rule: According to the Australian contract law, an anticipatory breach of contract can occur from time to time. An anticipatory breach of contract refers to where one party informs the other that they will not deliver what was ...

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 ...

Introduction

With the evolution of the nature and complexity of civil cases, it has become imperative that the law firm develops and implement a case tracking and management systems (CTM). The CTM is geared towards achieving efficiency and overall effectiveness in the process of filing, early phases, pretrial, trial, judgment, appeals, and enforcement of civil cases. The CTM also factors in the cases that are poached by twists and turns making it easier to recover and proceed. For a local firm that works and specializes in civil matters, a CTM would prove to be critically instrumental in comprehensive monitoring and ...

Willie Mae GRAY, Plaintiff-Appellant,v.BUSCH ENTERTAINMENT CORPORATION, d/b/a Busch Gardens, TheOld Country, Defendant-Appellee.

Top Six (6) Facts:

Fact 1: On August 23, 1986, Willie Mae Gray and her two daughters, Ruth and Esther, went to Busch Gardens, an amusement park in Williamsburg, Virginia. Fact 2: While at the park, Mrs. Gray bordered a small train and she had an accident in which she fell off and injured herself. Fact 3: After the injury incident, the employees of Busch Gardens dispatched a first aid team to the site and called an ambulance. Fact 4: Mrs. Gray’s daughter, Ruth, went with her in the ...

886 F.2d 14 28 Fed. R. Evid. Serv. 823

v.

BUSCH ENTERTAINMENT CORPORATION, d/b/a Busch Gardens,

The Old Country, Defendant-Appellee No. 138, Docket 89-7378.

United States Court of Appeals, Second Circuit.

Argued Sept. 13, 1989.Decided Sept. 15, 1989

Summary

On August 23, 1986, Willie Mae Gray and her two daughters went to Busch Gardens, an entertainment park in Williamsburg. She boarded a small train and tumbled off and harmed herself. Busch Gardens representatives dispatched a medical aid group to the site and called an emergency to evacuate her for medical attention. One of Plaintiff's Daughters accompanied her to the hospital while the other went to record the incident with the nurse. The records ...

The case Thompson v. North American Stainless, LP addresses the scope of the retaliation provision under Title VII that enables protection for the employees against the illegal actions of the employers. Title VII of the Civil Rights Act of 1964 permits retaliation cases in order to decrease the exposure to the discriminatory activity in actions of the employees. Meanwhile, this article states that the retaliation should be understood as the situation when the employee of the firm was fired or reassigned as well as he was deprived of the certain range of the benefits if the employer considered them ...

Sheila Renee White MAYO, Individually and as Administratixof her Minor Children, Rina Mayo, Jaclyn Mayo andPaige Mayo, Plaintiffs-Appellants,v.HYATT CORPORATION, Defendant-Appellee. No. 89-3576Summary Calendar.

Background Information The case was a collective petition from Sheila Renee Mayo along with her three minor children. It was an appeal case based on the district court’s summary dismissal of their case on grounds of insufficient evidence to support the claim. The claimants had sued the Hyatt Corporation, through Hyatt for the death of Jack Mayo the husband and father of the petitioners consecutively. The district courts found the deceased 100 per cent ...

1. What is the definition of a tort? Tort is “a wrongful act, not including a breach of contract or trust, that results in injury to another's person, property, reputation, or the like, and for which the injured party is entitled to compensation.” (Merriam-Webster) 2. What are 2 types of damages you may receive if you are successful in a torts cause of action? “Legal damages can encompass economic losses, such as lost profits, as well as punitive damages, which are awarded to plaintiffs as a way of punishing malicious wrongdoers. “ (Wrongful or Tortious Interference with Contracts.) 3. Name ...

As a matter of fact and law, it is indeed true that to successfully bring a claim in negligence, the claimant has to prove on a balance of probabilities the existence of a duty of care, breach of that duty by the defendant and a resultant loss, harm or injury to them. This is known as "the three-part test" for negligence. In addition to these essential elements of the tort of negligence, no defenses should be applicable if a claim is to succeed. However, successfully proving the existence of these elements and getting remedies from courts is not a ...

Daytime TV reality shows have become an important part of our society’s entertainment, legal and education system. They give us an impression of how exactly the real courtroom would look like and what we should expect in case we get embroiled in similar law suits. While some of the TV court shows are not real and involve fictitious characters such as judges, litigants, and court clerks, most of them like The People’s Court and Judge Judy involve real characters. The People’s Court TV Show, for example, has real parties who have instituted a civil case in ...

Dorothy MAHON; Jennifer Mahon; Patrick Mahon, Plaintiffs-Appellants, v. O.C. SEACRETS, INCORPORATED; Leighton W. Moore, Jr., Defendants-Appellees. No. 94-1567.

Argued May 2, 1995. Decided Aug. 14, 1995.

Top Four (4) Facts

Fact 1: There were nine painted signs with warning “NO DIVING’ on the rails leading to the upper and lower decks of property. The signs which were running along the rails depicted in exhibits 5A. These were very well visible signs – the most visible of which was the one painted in blue letters of eight inch height. Besides, this particular sign measured five feet in length and was situated two feet from a ...

The issue before the court in this case was whether this standard of proof was the proper standard to be used in determining retaliation or was the appropriate standard the “motivating factor” standard. Or more specifically, whether a plaintiff claiming retaliation can win a claim based on discrimination being a “motivating factor” for retaliation or must the plaintiff show that the discrimination was the reason for the retaliation. In addressing this issue, the United States Supreme Court determined that the standard of proof used to allege a claim for retaliation under Title VII must be the but for test ...

The research context:

History of tort law Tort law originated a century ago when Oliver Wendell Junior examined the history of negligence in the legal system, which later resulted in the theory of tort. He concluded in his study that the duty to exercise care in England was faulty. He noted that most plaintiffs suffered overwhelmingly when another party or entity caused a significant level of damage to them. Similarly, Morton J. Horwitz reexamines the history of negligence and found out that many jurisdictions did not understand negligence as carelessness or fault (Kaczorowski). Since its discovery, many nations such as the USA, ...

The Defendant

The defendant in the case of comedian George Wallace vs. Bellagio Hotel is the latter, which is a world-renowned hotel and casino owned and operated by the MGM Mirage Hotels and Casinos. Bellagio Hotel is located along the famous Las Vegas strip in Paradise, Nevada. Furthermore, the description of the hotel incorporates luxury and its grand ballroom and event center is where shows and performances both public and private gatherings are being held. In the hotel is where the unfortunate event occurred involving the comedian George Wallace, which was according to the accounts of the case the comedian, suffered ...

Introduction

Fair play in business practices is essential to the maintenance of a self-sustainable corporate environment. Precisely, all the parties involved in any business activity need to embrace ethical principles while following the legal provisions in any commercial venture. With this in mind, it is worth acknowledging the fact that Kallestad breached the fundamental provisions of an implied warranty by selling substandard products to Peter and Tanya Rothing. According to Murthy and Blischke (2006), an implied warranty is a contract arising from the operation of the law guaranteeing that the goods to be sold are merchantable and are appropriate for ...

Defences to the Tort of Negligence

Introduction A tort is a deliberate or accidental wrongful act of a person known as a tortfeasor, which causes damage or injury to another person or property of another, and attracts a civil penalty. The act can be either negligent, assault, battery, trespass, liability of harmful products or emotional injury. Any person who has caused injury or damage may be sued in a court of law to compensate for the loss or damage. However, it is not automatic that when an individual has been sued, he/she must be penalized (Alexander and Alexander 2011). For a negligence action against an ...

Introduction to Law

Issue 1: Whether Glen’s reckless driving constitute negligence A prima facie case of negligence involves a harm (physical, economic, or emotional distress) that is a direct result (causation) of a defendant’s careless conduct. Negligence involves a three-pronged analysis of defendants conduct: 1) breach of a duty of care that runs afoul of a reasonably prudent person in similar circumstances 2) plaintiff injury that is direct result of this breach; and 3) whether injury to plaintiff was foreseeable consequence of this breach. For purposes of Negligence it does not matter if defendant had intent to injure plaintiff. Here, ...

There were a number of cases brought before the Supreme Court of the United States in relation to racial discrimination. In Brown vs. Board of Education, the Supreme Court in the United States declared that it was unconstitutional to continue practicing state laws which separated public schools for Black and White students. The decision ruled that such state laws were a violation of the Equal Protection Clause of the 14th Amendment. On the contrary, Plessy vs. Ferguson the Supreme Court ruled in favor of the state laws that supported racial segregation, especially in public facilities. These laws became practical ...

A case brief comprises of the following key components: parties, facts, reasoning, and judgment or holding. First, the parties within a case can be identified using their names. For example, in Smith v. Jones case, “Smith” and “Jones” are the parties. However, parties are given titles depending on their roles. Parties are referred to as either the plaintiff or defendant at the trial level. At the appellate level, they are referred to as either the appellants or respondents (Putman, 2009). Specifically, the plaintiff and appellant are the suing people at the trial and appellant level respectively. A brief must ...

Business Law: Case Analysis

Business Law: Case Analysis Bank of New York Mellon Trust v. Morgan Stanley Mortgage 14-2619 (2016) The facts of this case in brief are that the plaintiff Bank alleged that the defendant had breached its contract with it involving a mortgage loan agreement. The defendant on the other hand alleged that they were not obliged contractually to repurchase the mortgage due to the fact that the contract was vitiated by misrepresentation. The background of the case is that the parties entered into an agreement a mortgage loan agreement and the defendant then defaulted on the loan and the bank ...

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 ...

Business Law Case Study

The issue for determination in this scenario is whether or not the service of process on Dr. Bardwell through his wife service was an effective service. An effective service of process is undertaken when the summons and complaint are handed to the defendant himself, but not any other person. Personal service of process in this case means that even when the complaint and summons are left where the defendant operates business or where he lives, and the agent therein accepts service and signs, it is considered to have been effected, even when it is delivered via registered mail. The ...

A jury is a group of randomly selected adults from the community to participate in the criminal justice process as jurors. The first step is to elect members to serve as jurors for a specified time. In the selection of the jurors, the jury commissioners use a list of designated people either by voter register or any other accepted criteria and ensures that the selected people reflect the diversity inherent in the community. All people over eighteen years have an equal chance to join the Jury services (“The answer book for jury service,” n.d.). For a felony, the jury ...

Describe civil and criminal penalties that might arise from Ima’s death

Under the provisions of the Occupational Health and Safety Act (OSHA) 1970, all employers are responsible for creating adequately safe working environment (Pinnington, Macklin & Campbell, 2007). The possibilities of employee contact with uninsulated wire is a situation, when life of this employee becomes jeopardized, as well as there is a possibility of getting serious bodily damages. In this case, the affected employee, or the family members are entitled to claiming general damages from the employee. Furthermore, because the omissions of Walexron are conspicuously blatant (uninsulated wire obviously poses a huge hazard to the employee and visitors of the facility) ...

Business Law Case Study

Issues

Was it a proper service when the summons was mailed to the defendant medical clinic? Whether the Minnesota court should invalidate the Tennessee judgment. Rule The general principle under Rule 4 of the Federal Rules of Civil Procedure is that service can be made personally to the defendant, left in their place of residence or business or through an email. For corporations or companies, Rule 4 (B) of the rules states that the summons can be delivered to the defendant’s agent authorized to receive such processes but a copy of the summons must be copied to each ...

Tort reforms have been repeatedly argued in many medical malpractice cases. Tort reforms are regulations that make it difficult for average people to sue medical malpractitioners that assault, harm, or injure them (Doroshow, 2010). These laws were formulated by insurance companies, manufacturers of dangerous products, tobacco manufacturers, medical professionals, and other industries to help avert responsibility for their malice. The tort reform movement has enormous backings in the form of massive cash deposits into conservative “think-tanks”, polling and lobbying firms, and public relations organizations. They hurt consumers, patients, and other average individuals and are dangerous for the general population. ...

Key Facts

Several individuals in the community and societies of California filed different cases against owners and farmers of fish. The fish farmers are among the community striving to offer essential support, management and proper feeding to the communities. The aim of the plaintiffs was developing and leading a community that stands on the necessity and importance of fresh, natural and high-quality feeds. The plaintiff of the case was Kevin Golden from the Center for Food Safety, San Francisco. There were several plaintiffs, who filed the case on 2004 against the farmers and producers of farm-raised salmon. The defendants were Seyfarth ...

In Corbin v. Safeway Stores the plaintiff “sued Safeway Stores for damages resulting from injuries suffered when he slipped on a grape and fell” in the produce department of a supermarket owned by Safeway. The evidence established that the plaintiff slipped “directly in front of the self-service grape bin” (Corbin v. Safeway Stores). The plaintiff testified that “he saw no mat or other flooring covering of any kind in the area where he fell” (Corbin v. Safeway Stores). On the other hand, Safeway’s employees testified that company policy “required mats in front of its grape bins” because Safeway ...

Nowadays it seems to be evident that employees are under the permanent influence of their employers. Therefore, many of the aspects of the employees’ lives have the large outer impact of their workplace and the team of colleagues. However, there should also exist another part of the workers’ actions, which are definitely out of their organization’s reach. This necessity is a natural need of privacy, which concerns the private life and time beyond the borders of their enterprise. Nevertheless, this distinction between the private life and the work time creates some empty space, which creates a well debatable ...

Question 2

During the Anglo-American era, the Abbots and the Bishops ran the court systems. There were neither professional lawyers nor judges. The courts meeting was open to any individual the lawbreakers who had to be present during the ruling (Lynch, 2014). In the court proceeding, no recording was made. The judgment was made from the proceedings since there was no one preceding them. There was no direct mode of determining who had one the case between the plaintiff and the defendant. The complainant had to provide a more convincing proof and provide a body-witness for the credibility of their case. ...

Introduction

The first antitrust law was formed by the Congress in the year 1890. It was referred to as Sherman Act, and its aim was to ensure that there was economic liberty, by ensuring that the competition in the trade was fair. Later, the Congress passed other two antitrust laws in the year 1914, and these additional laws contained some revision to the first antitrust law. Those laws were the Clayton Law and the Federal Trade Commission Act. The court applies the antitrust law to prevent illegal business practices and unlawful mergers. The main objective of the antitrust law is ...

An Assignment Submitted by

Brief Overview In the work of a school counselor, ethical code of conduct plays a central role identifying the quality of the profession. A failure to comply with the ethical rules may lead to the disciplinary and legal consequences that will affect the career as well as the entire educational establishment. It is essential to remember that school bears a list of responsibilities for the life and well-being of children and adolescents that are both legally and ethically safeguarded by the state and the entire community. Consequently, the educators have to preserve a balance between their personal beliefs and ...

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 ...

Discussion of Negligence

Discussion of Negligence According to Turner (2013), a tort refers to a civil wrong committed by one person against another person. The law of tort attempts to adjust for harms done to individuals by awarding the successful plaintiff who demonstrates that the defendant was the cause of their loss, damage or injury. A tort can be classified into intentional torts, strict liability torts or negligence torts. Intentional torts arise from intentional acts while unintentional torts arise out of a defendant’s recklessness or carelessness. A strict liability tort is type of tort in which no proof of fault on ...

The case at hand deals with the plaintiff’s contraction of Tuberculosis while being incarcerated by the state. The predicament involved in this cases brings up many issues pertaining to whether the state can be liable for the causation of tuberculosis while a plaintiff was in their correctional facility and whether the state has unlimited liability pertaining to the defendant’s contraction of tuberculosis, (“Dudley Lee v. Minister for Correctional Services,” 2012). This paper will conduct a discussion on the issues of causation and unlimited state liability and assess whether the state in fact caused the plaintiff’s contraction ...

Impacts of Pollution on Wildlife

Introduction Impacts of pollution on wildlife has been a controversy and a contradicting issue since it has been experienced in the world and specifically in the united States of America for a long period of time. There are environmental laws which are hard on some manufacturing and production industry in North America and this makes them to be held responsible of various wildlife cases. The environmental laws in the United States of America have enacted endangered species Act in which it is a general rule which has held several companies responsible of the reduction of Wolverines in Montana glacial ...

American federal law bans all workers from all forms of discrimination at the place of work. This discrimination can get based on religion, race, gender or even nationality. It can also take many forms and shapes. People can make lewd comments on race or religion. They can also negatively comment about an individual trait of a co-worker in a manner that hurts his or her feelings. In the modern workplace, discrimination is still a significant issue of concern that employers have to deal with. An unfriendly work environment mainly encompasses primarily sexual harassment. People might have discussions that contain ...

The film Runaway Jury presented ethical dilemmas among the main characters Dustin Hoffman (Wendall Rohr), Gene Hackman (Rankin Fitch) and John Cusack (Nick Easter). In the movie Celeste Wood sought the help of Wendall Rohr, a lawyer to represent her and file a case against Vicksburg Firearms, a gun manufacturing company, for the death of her husband Jacob Wood, who was one of the victims in the massacre that took place in a brokerage office. Gun manufacturer and owner Garland Jankle, played by Stanley Anderson hired the services of a brilliant jury consultant Rankin Fitch to help him win ...

In the case of Yakubowicz v Paramount Pictures Corp., Yakubowicz, the defendant in the case, was on his way home on the night of February 15, 1979 when he was stabbed by Michael Barret who had been at the Saxon theatre watching two consecutive screenings of “The Warriors”. The movie in question contained several scenes of juvenile-gang related violence. Additionally, Barret smuggled alcoholic beverages into the theatre where he got intoxicated. While they were parting at the subway, Barret stubbed Yakubowicz with a knife at the chest. Consequently, he died the following morning. His father brought a tortuous action ...

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 ...

Identify and describe the different categorization of crimes? How are crimes different than torts?

The common categorization of crimes includes treason, felonies and misdemeanors . Treason, which is rare, is one’s act against the state threatening its sovereignty and integrity. Felonies are serious offenses like murder, manslaughter, rape, robbery, kidnapping, tax evasion etc. that attract several years of imprisonment and a heavy fine. Misdemeanors are less serious offenses, mostly punishable by fines or a brief stay in the jail. Some of the examples of misdemeanors include simple assault, gambling, prostitution etc. However, other simple offenses like traffic violations are not considered as misdemeanors and are generally considered as violations or infractions. Crimes can ...

In the case of Hope vs Pelzer there was inconsiderate interventions made in the treatment of a prison inmate by prison guards who treated the inmate inhumanely as he was subjected to a variety of conditions that subsequentially led to the case. The case in point involves the treatment shown to Larry Hope and the violation of the Eighth Amendment rights. The main facts of the case include that he was handcuffed to a hitching post, additionally other case facts include the facts that he was placed in leg irons after tussling with prison officers and later chained again ...