Essays on Tort

1. Support or criticize the statement that rude gestures (e.g., showing the middle finder to a police officer, etc.) would constitute fighting words or a threat towards a police officer. Justify your position Gestures are part of communicating in our everyday life, and they can be interpreted positively or negatively. The variations in the interpretation of gestures occur due to cultural, religious, ethnic and environmental differences. Some gestures are generally rude and inappropriate no matter the context in which they are used. Rude gestures are annoying and offending. They are intended to offend the other person to whom it ...

What defense might be raised in this case?

In the case of Dr. Nalwa, the defendant can raise the defense of primary assumption of risk. The defense in commonly brought up in sporting activities where a participant voluntarily and willingly chooses to take part in the game despite being cognizant of the fact that he or she may be injured or incur some form of loss(Owen, 2014). Dr. Nalwa willingly and voluntarily chose to engage in the sport of bumper car riding. No one compelled her to participate in the same. By dint of the voluntariness, it is presumed that she was aware of risks inherent ...

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 ...

International Torts, Negligence

CC could sue National for tortious impedance. Tortious impedance is a purposeful tort that precludes the consider obstruction with authoritative or business connections (The Legal and Ethical Environment of Business, 2014, p. 220). Since National purposefully paid the CC representative to get the arrangements for CC's new item, this would be a substantial claim that CC could use to sue National. In the event that the arrangements were enrolled with the U.S. Patent and Trademark Office, then those arrangements are ensured by law. In the event that the arrangements were copyrighted by CC, they would likewise be ensured by ...

Negligence is an attribute that must be considered along with other torts due to its far-reaching impacts. Many people experience such cases but are unaware of what to do when they experience such either personally or professionally. However, the tort has been considered an integral part of the system that allows one to understand the importance of dealing with harm as part of determining the best ways of reducing harm (Velasco, 2015). The burden of precautions that arises in such cases only creates different reasons why people need to continue developing ways of addressing the issues affecting the individual ...

Studеnt’s nаmе

Coursе Dаtе It is importаnt to undеrstаnd thаt thе purposе of thе criminаl lаw аnd thе purposе of thе tort lаw аrе thе sаmе. Thеsе two lаws аrе both usе to diffеrеntiаtе criminаls аnd prеvеnt othеrs from wrongdoings. Howеvеr, thеrе аrе fеw points thаt diffеr thе tort lаw from thе criminаl lаw. Thе mаin goаl of criminаl lаw is protеct thе sociеty from subtеrrаnеа ...

Overview

Health Insurance Portability and Accountability Act guarantees the security of patients and confidentiality of their medical records. Healthcare centers have put in place digital methods of recording data, which is secured by encryption or by private access keys that are only known to healthcare providers to enhance security. Healthcare practitioners have appreciated medical privacy with patients taking legal actions against violation of their privacy and confidentiality. However, healthcare providers have experienced ethical dilemmas in various situations where they are torn between their code of ethics, overall welfare of patients and other concerns such as national security. Mary (a senior ...

601 F.2d 516 (10th Cir. 1979) Summary of the Key Facts: During the 1970s Dale Hackbart played for the Denver Broncos football club as a defensive back. At the same time, Charles Clark played for the Cincinnati Bengals football club as a running back. In a December 1973 game between the Broncos and the Bengals, out of frustration for a turnover by his team, Clark deliberately struck Hackbart on the head and neck away from play in manner that was later deemed a personal foul and dangerous (Hackbart). However, as no official saw the act, Clark and the Bengals ...

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 ...

Discussion

Facts: Neil was a student in Medicine, who had serious shoe fetish, finding brown men’s shoes extremely exciting. One of his course mates, Thomas, bought designers loafers in Neil’s favorite brown color, and Neil was strongly attracted to them. Neil began to follow Thomas everywhere, wearing his new brown shoes in the university, taking photos of him, and often Neil made Thomas presents as brown shoe polish cream, new laces, or leaving pictures of him in his student pigeon-hole. As a result, Thomas became ill because of stress just before his exams and asked the doctor to ...

Question 1

This is the National Tourism Development Authority of Ireland working to ensure that Ireland is a highly-favored tourist destination and that it remains competitive in the global market. As the authority mandated with overseeing the performance and running of the tourism industry in Ireland, Failte Ireland's numerous roles are statutorily governed. The agency has such duties as stating operational and service standards of the tourism sector, registration of service providers, ensuring that necessary insurance covers for tourists visiting Ireland are provided, and setting environmental standards to be adhered to by businesses in Ireland. From the view of it all, ...

Introduction

According to the presented case of Gregory and St. Ann's Hospital, there are several responsibilities that existed on the patient in question. It is clear that some of the responsibilities were breached by the hospital, Drs. Able, Braxton and Cameron. Any patient who consults a medical professional anticipates medical dealing with the entire skill and knowledge that the medical professional holds so as to bring liberation to his or her medical problem (Pandit & Pandit, 2009). The relationship between the patient and the doctor assumes the shape and attributes of a contract are thereby retaining the crucial elements of a ...

Introduction

A career in nursing seems fulfilling, but nurses encounter challenging situations every day. Regardless of their roles, nurses face ethical dilemmas that may affect them and the patient. Importantly, there is no right or wrong solution to a particular ethical dilemma. However, nurses rely on the legal papers related to nursing standard of health care practice according to legal aspects of nursing. This paper involves the standard and legal relation between nurses and their patient. Even with the nursing standard of health care practice literature, ethical dilemmas still occur in healthcare institutions. The aim of this paper is to ...

CHAPTER 4PART I4. How can critical thinkers counteract confirmation bias?

A critical thinker should seek information from different sources. An issue at hand is considered from different perspectives and using Six Thinking Hats technique.5 What is an expert? An expert is a person who can acquire evidence and information that are superior to those of an ordinary person. 6 What should be our attitude toward a claim that conflicts with the expert opinion? The claim that is inconsistent with the expert advice should not shut down the possibilities that the allegations are untrue. As the law may require we may be forced or use personal intuition to judge between ...

Introduction

The English legal system is based on elements of the Christian Bible and its tradition. This comes with some moral concepts like lying about other persons and spreading false information. Defamation is made up of libel and slander. Whereas libel is a false and damaging comment written down, slander refers to such a statement spoken orally. The purpose of this paper is to conduct a critical analysis of the concept of defamation and how it relates to media law.

Basically, every human being has a right to a reputation. Reputation is a kind of personal right that embodies a ...

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 ...

Under most circumstances the grocery store would not be liable if someone is a victim of a crime near the story but not actually on the store’s property or premises. The reason for this outcome is twofold. Unless the harm is the result of a grocery store employee, for example, if an employee was told by a manager to “mug” the customer when they left, then the harm cannot be considered an intentional tort related to the store. An intentional tort is one in which the defendant (the grocery store) commits an act whose results it intends accomplish. ...

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 ...

Business Torts and Ethics

Business Torts and Ethics

The intruder has attempted theft in the apartment that is located in University Heights Apartments and has caused physical injuries on the residents. The resident manager and resident are badly wounded by the intruder whereas, the intruder is not wounded or assaulted in any manner. The actions of the intruder are considered highly illicit because he entered the apartment by force, which was also a private property and accounts for trespassing. The intruder also attacked the residents and considering this situation, this attack could also have been lethal for the residents. Civil actions incorporate such ...

Research Paper Draft: The Hospitality Law and Privacy

Introduction Privacy, including information privacy, has become one of the great concerns of our modern information society. Each day, without much difficulty, one can find a news story or report concerning some question of privacy. The main focus of these questions, however, have centered around the age-old debate between what is the best balance between security and privacy. That is to say, very little public, media or government attention has focused on other equally important areas of privacy including privacy in the private sector, such as in the hospitality industry. Nowadays, the hospitality industry increasingly has access mountains of ...

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, ...

Business

Ethical Issues Ethical Issues in Marketing Ethical frameworks within the ambit of marketing would relate to practices that emphasize ‘transparent, trustworthy and responsible’ personal and organizational marketing policies and actions that exhibit ‘integrity and fairness’ to consumers and stakeholders (Parilti, Demïrgüne, & Özsaçmaci, 2014). Marketing ethics enjoins that a marketer should act in a way that he does not harm anyone and follows rules and regulations (Al-Nuemat, 2012). PharmaCARE circumvented the FDA’s scrutiny by creating a subsidiary, CompCARE, as a compounding pharmacy. PharmaCARE was aware of creating a fresh drug, and yet did not take FDA ...

Moore versus Regents of The University of California is considered a landmark case because it was the first time that a court was faced with the ethical issues associated with biotechnology research and practices, which until this point, had remained mostly theoretical. In 1976, John Moore, a businessman from Seattle was diagnosed with hairy-cell leukaemia at The University of California-Los Angeles Medical Center by a well-known oncologist at the time, David W. Golde. As part of his treatment, Moore’s enlarged spleen was surgically removed, after which his disease went into remission . It was when Moore became aware of ...

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 ...

The article 2 of the Human Rights Act of 1998 is a fundamental provision that is usually invoked to safeguard the right to life of individuals and that which imposes the legal obligation of contracting states to take appropriate steps not only in refraining from taking life intentionally, but also to take the appropriate steps to safeguard life. This provision has become the controversy in many cases involving human rights torts, by virtue of the section 6 of the Act that provides a statutory cause of action against the public authorities or bodies. In many occasions the article 2 ...

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. ...

Chapter 20: Agency

The law defines agency as a fiduciary relationship between two persons whereby one acts on behalf of the other with his or her consent.

Employer-Employee Relationships

Employees who deal with third parties are taken as agents. For instance, sale transactions carried out by sales people bind the principal to the customer.

The fact that some employees are considered to be agents leads to an overlap between employment and agency law.

However, agency law has a broader reach compared to legistlations that govern employment. Employer-Independent Contractor Relationship Relationships between principals and contractors do not always involve agency relationships. For Example, an agreement between a homeowner and a real estate agent is an agency relationship while an agreement between an insurance broker ...

Chapter Nine Questions

Question one The federal government has the vicarious liability for negligence of state employees engaged in forms of unintentional torts. This implies that the government is responsible for the negligence committed by its employees in the scope of their employment. However, for the employees in the private sector, most liability for negligence is bestowed on them meaning that the staff are personally responsible for their negligence.

Question two

Personal liability of those involved in federal activities are born by the government such that staff do not face the risk of consequences for unintentional tort. This is a major benefit for federal ...

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 ...

Legal Application Assignment 2

Agency Law and Business Formation The dumping of ship wastes just off the Florida coast within the United States water is in defiance of a number of federal and state laws. For example, companies are expected to acquire permits from the Environmental Protection Agency in order to release pollutants into the passable waters of the United States. It is the role of the permits holders to monitor their discharges and present a report to the authorities- companies that violate their permits are penalized by the Environmental Protection Agency. The company has been taking order from Sam Martin and this ...

The United States judicial system offers certain protections for criminal suspects who are at risk of arrest or a search without a warrant. One of the most important safeguards afforded under the U.S. Constitution is the 4th amendment, which prevents government officials from illegally searching individuals or seizing property without following standard procedure. The concept has evolved over time, and the exclusionary rule is now the primary way to defend people from illegal search and seizure by government officials. However, history has shown that this is an ineffective solution because it allows those who would have been convicted to ...

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 ...

Deepwater Horizon was an oil platform built in the Gulf of Mexico, approximately 50 miles from the Louisiana coast and the Mississippi River delta (Department of Justice). Deepwater Horizon was operated by the global petro-chemical giant British Petroleum. On April 20, 2010, the platform caught fire and exploded killing eleven workers on the platform. The explosion also significantly damaged the platform base and foundation. By April 22, the platform crumbed to the sea and sank. Consequently, the pipes the were pumping oil into the platform were severed and oil began flowing in the Gulf of Mexico. By the time ...

Business Torts and Ethics

Q1 Answer The intruder is liable for the damage caused in the premise to both Sharon and Darryl. Firstly, the forceful entry into the premises led to the premises by the intruder injured both Sharon and Darryl as they were trying to control the matter. This can be taken as a criminal act on the side of the intruder and is illegal in the eyes of the law. Although there is no clear understanding what the intruder wanted in the premises, his acts that led to the injury of the residents clearly indicate that the intruder was out to ...

Introduction

According to Beverly (2013, p. 1), parental alienation refers to the situation where one parent is irrationally rejected by their child, usually because the other parent has influenced the child negatively towards them. There are cases where the cases are severe that the case of Parental Alienation Syndrome (PAS) develops. In this scenario, the symptoms mentioned repeat themselves and the behavior are affected. The causes of this problem are usually triggered by both parents, especially those that provide the child with a hostile living environment. This environment could be triggered by parents who are undergoing a divorce or parents ...

In the Case of Dudley Lee v Minister for Correctional Services, the issue on causation and the unlimited liability of the state has been invoked in the arguments that led to the decision of the Constitutional Court to overturn the Supreme Court of Appeal ruling that discharges the respondent Minister for Correctional Services from tort liability. As can be gleaned from the facts of the case, plaintiff Lee was arrested for various charges that led to his detainment in prison for more than four years. He contracted pulmonary tuberculosis (TB) while confined in ...

Analyzing the case concerning causation

Tort law provides remedies to persons harmed by the actions of authorities or others. Ideally, tort claims are part of the state laws. Therefore, individuals are held responsible for their actions in case it causes injury to others. Tort law deals with cases such as the case concerning Mr. Dudley Lee, who contracted tuberculosis (TB) when in was in detention. Notably, the plaintiff got infected with TB while in jail because the authorities failed to take precautionary and preventive measures against communicable diseases (Lee v Minister for Correctional Services 10). The probable cause that made the applicant contract TB ...

Business Torts and Ethics

Business Torts and Ethics

In this particular case, the intruder is clearly liable for his actions. First, he has gained access to someone else’s property without permission. According to the laws of most jurisdictions, it is illegal to have an unauthorized access to private property. Another wrong that the bugler committed is that of having malicious intent. He gained access to the property and broke into a student’s apartment through breakage of the locks holding the sliding doors in place. Upon being noticed, Sharon, the resident gave an alarm. The caretaker then came to her rescue and ...

Introduction

Defamation is the publishing of a statement regarding a person’s reputation to the effect that the statement lowers the person in the estimation of right thinking members of the society. The offence is divided in two different torts; slander and Libel. The earlier distinction between the two indicated that libel involves publications made in printed form while slander is basically oral defamation. However, with recent technological advancement, the approach is that libel occurs when the defamatory statement is in permanent form while slander has to make statements which are not recorded or not in permanent form. In order ...

BUSINESS LAW QUESTIONS

Carlil v Carbolic Smoke Ball Company [1893] 1 QB 256; [1892] EWCA Civ 1 Carlil v Carbolic Smoke Ball Company is a leading case in Contract Law which discusses the salient elements of an offer, an invitation to treat and other relevant contractual concepts. The facts of this case are that Carbolic Smoke ball Company, while advertising the Carbolic Smoke Ball drug for influenza, advertised that; £100 would be rewarded to any person who contracted influenza having used the ball three times a day for two weeks. The Company added that £1000 was already deposited with Alliance Bank to ...

Legal research

Introduction Every business should abide by the business laws to remain competitive and relevant. Particularly, concepts surrounding the law of contracts, torts, and employment law guide most conflicts occurring in businesses today. However, businesses are faced with challenging situations that require precise understanding and interpretation of different commercial case laws and concepts. The lack of understanding of these basic concepts may cause businesses to suffer legal consequences arising from frequent litigations (Singh, 2007). The current paper analyses three events that happened at Wicked Theatres Group Ltd.’s theater. In doing so, the paper sheds light on the legal principles ...

While the common idea of a police-suspect encounter is that the suspect has done something wrong, there are a number of circumstance where it is the officer who will be found to have acted improperly or without appropriate legal authorization. Civil liability, is one of the two forms of legal redress that police officers may face when they fail to perform their assigned duties, act negligently, or abuse their authority (Kaci, 1998). Civil liability, as opposed to criminal liability, refers to the power of an injured party to sued a defendant for compensatory (monetary), equitable, and declaratory relief. In ...

Affiliate institution

The media greatly influences our perceptions about an event; it determines how we are likely to perceive the event. The media is the main channel through which the ordinary person gets all the facts about an event. Misleading information from the media is likely to lead a person astray. According to psychologists, first impressions about something really matter. Whatever we hear, see experience or feel during the first encounter with something solely determines how we perceive the rest of it. If the media draws attention to certain facts or details, it can change the prior information that we already ...

Question 1

The doctrine of respondeat respoir asserts that the employer is completely relived of any vicarious liability whatsoever in the case where the employee is found to have committed torts in a frolic engagement. This means that the employer is exempted from the liability when the employee admits to having made a major physical departure from the scope of practice as stated by the employer. The doctrine of frolic and detour provides for the employer to be declared free of any vicarious liability only when the employee is proved to have been acting beyond or out of the ...

This report is about a case study of Sunil v Xerox, in this case the plaintiff was injured in a supermarket after he slipped and fell. This was because water had been brought into the supermarket by other customers since it had been raining.

The paper focusses on the tort of negligence and the occupier’s liability. The three elements of the tort of negligence are discussed in detail. The elements are that the defendant owes a duty of care to the plaintiff, there is a breach of that duty and that the breach of that duty resulted in the injury of ...

Introduction

With respect to law of torts, any action carried out intentionally and that results in causing either physical or emotional injury to another person qualifies as an intentional tort. On the other hand, negligence tort entails causing harm or injury to a third party as a result of personal carelessness. According to Arthur and Barner (2007), civil law requires that every individual conduct his or her activities in a manner that induces no harm to surrounding persons. In this context, the need to conduct one’s affairs in a safe manner constitutes the element of duty. Failure to act safely and within expected ...

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 ...

Abstract

This paper discusses one of the prevalent ethical issues in our present criminal justice system which is police planting evidence on the suspect. The planting of evidence on a suspect or profiling of innocent people is considered police misconduct. The driving force for the police to commit such crime is due to corruption. During police investigations, the police abuse their power by fabricating or planting of evidence to obtain false conviction by taking money in exchange for favors. Police resort to corruption, engage in other illegal means to earn income and break departmental policies due ...

A contract is a binding legal agreement between two parties that is made with the intention to create a legal relationship. Contracts in the English legal tradition are made by the exchange of consideration between the parties.

Fox v. Mountain West Electric, Inc., 137 Idaho 703 (2002)

In this case, Lockheed Martin had a building project which Fox and MWE decided to do jointly as a way of winning the bid to complete it. They created a document that acted as the scope of the work they were to complete and in the process, Fox worked under the supervision of a manager of MWE. There were changes in the terms of the building contract terms ...

Introduction

Crime refers to wrong actions that cause injury to people or cause interference of their lives. However, these actions that interfere with other people lives cannot be classified only as a crime, but also as a tort. A tort is a wrongful action that causes injury or interferes with the other person life or property.

In the Pahler case, the court did not use the same reasoning used in Bailey vs. Eminem case. Pahler committed a crime by shooting and murdering actress Lana Clarkson. Crime can be defined as, wrongful act identified by a state as a crime, leading to hearing criminal case in the ...

The two companies in the case study present a clear situation where the False Claim Act is applicable. Indeed, it should, however, be noted that the issues emanating are far beyond the False Claim and border on even greater criminal offenses such as murder, causing grievous bodily harm and torts like negligence and strict liability. However, for purposes of this paper, the discussion shall be limited to the application of the False Claim Act, otherwise, known as the Lincoln Law. In the ensuing discussion, the paper shall capture the application of the Act, the mistakes committed by both companies, the ...

In the case of Nova Mink v Trans Canada Airlines , the High Court ruled that airplanes that are governed by the Air Traffic Rules which are ruled by competent authority shall be subject to common law duties of care, unless otherwise excluded by legislation that expressly provides for an exclusion. This is regardless of the fact that they cover a wider range of mobility, both in vertical and horizontal settings. In the case of aeroplanes, they cannot be analogous to railways since the latter is excused when operating in accordance with statutory rules including accidents which occurred in level crossings ...

The Career and Technical Education or CTE covers variety of subject areas that are designed for the students to prepare them for lifetime careers; the courses are formerly referred to as occupational education. The current documents and regulations of the State Education Department legislative language use all the CTE terminologies. However, the federal legislation and documents continue to position this curriculum as a vocational education. The Commissioner Regulations defined CTE as a kindergarten throughout adult area of study including precise academic contents that closely aligned in career and technical subjects. In grades nine to twelve, Career and Technical Education consists of ...

CITE: USA Today, Oct. 2, 2013, page 34.

FACTS: Katherine Jackson, mother to Michael Jackson brought a suit on negligence against AEG Live LLC. AEG Live LLC was a concert promotion company that produced Jackson’s comeback concerts. Katherine argued that AEG Live LLC acted negligently in hiring the physician responsible for administering the medication that killed Michael. Conrad Murray, the physician, was found guilty of involuntary manslaughter in November 2011 for administering a propofol overdose that lead to the death of the singer.

In their negligence claim, the family sought to show that AEG Live LLC was responsible for hiring the ...