Essays on Trespass

Perhaps one of the most commonly known rights guaranteed by the first ten amendments to the Constitution is the Fourth Amendment’s “right of the people to be secure in their persons, houses, papers and effects against unreasonable searches” (U.S. Const. amend IV). Interestingly, while the meaning of the term “unreasonable” might seem intuitive, the Framers of the Constitution did not provide a specific or detailed definition of it. However, after the Supreme Court; relying on the fact that Article III of the Constitution vested the Court with the judicial power to “all cases” that arise under the “Constitution, ...

12 Questions 1 - Environmental law is the set of laws and treaties which governs the limits to which the human actions affects the environment around us. We need environmental law because without it the worsening situation of our earth cannot be controlled and the state of our environment will worsen even more than the current state. Environmental lawyers are needed to uphold the environmental laws so that the prosecutors can be brought in front of the law and served the rightful justice. 2 - The environmental law was first formed in the year 1970. The section which is ...

Introduction

Differences between Sharia Law and Common Law Tradition Sharia Law and English Common law are two distinct sets of legal authorities which have striking similarities in many contexts despite the disparities in their geographical areas of application. Sharia Law is the foundation of Islamic Law and it borrows heavily from the instructions within the Quran as well as the famous teachings of Prophet Muhammad, also known as Sunnah (Kamali, 2008). On the other hand, Common law entails a set of regulations which were in force in the ancient English Kingdom. Since Common law is not codified, legal precedents are ...

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 ...

“The Earth Wants You” by Reverend Billy Talen is about mankind’s ignoring attitude towards clear messages from earth about its perils. The book tries to inspire earth activism or an eco-revolution that Talen feels is the need of the hour. Natural disasters (earth’s cries) kindle humanity, and when climate change impacts are personally experienced by many people they don’t remain just news (15). Personal confrontation with climate chaos initiates a desire to revolt against its cause, resource overexploitation (16). Just like other social revolutionist movements, earth saving movements also cannot be quiet and there is a ...

Introduction

Through their activities, commercial organizations generate waste that contributes to climate change. Although effort is being made to limit human impact on the environment, the commercial waste is still one of the major problems for the environment that results into climate change. Electric energy is an important resource that is wasted across most commercial organizations. Further on, the wasted resources facilitate climate change. This paper argues that commercial organizations’ wasted electric energy contributes to the climate change.

Body

Commercial organizations are the institutions that carry out activities that imply selling products or services. Their activities developed for satisfying market’s ...

Advertising plays a critical role in modern internet service provision. It is a source of revenue through which most websites are funded. This fundamental economic function of on-line advertising coupled with capitalism has seen the increase as well as an expansion of the scope of web content. Therefore, without online advertising, internet service providers and website operators will lose their mainstream revenue hence their ability and capacity to provide and sustain web content will be hampered (Schwabach 6). General forms of online adverts include pop-ups, sponsored search engine results, banner adverts, expanding and floating advertisements and adverts through emails ( ...

The chapter on Tort Liability and Air Commerce is focused on tort law and how it influences the aviation industry. It addresses intentional, negligence, wrongful death and strict product liability torts. The aviation industry has adopted commendable safety mechanisms but whenever accidents occur, there is always a high potential for occurrence of significant challenges. The paper will summarize the key torts that affect the aviation industry while also providing key insights into the operations of the aviation industry. From this chapter, the most important idea is that the understanding of torts in the aviation industry can play a critical ...

Business Torts and Ethics Paper

Introduction The element of tort and ethics is applicable in the case. Ethical responsibility anywhere is very vital in ensuring the well-being of individuals. In business, it is important for the investor always to provide due care to the consumer. This is possible if the investor act ethically in everything he does. The case involving both Darryl and Sharon indicates the failure to comply with ethical responsibility as well as the issue of trespass by the intruder.

Q1 Answer

The intruder is liable for the misfortune he caused to both Darryl and Sharon. The liability of the intruder takes two perspectives. ...

Business Writing

Response to Case Study One Mac should file the cases in the Colorado Federal Court. In the entire United States, trespass is guided by Tort Law, which provides rights to property owners to file Civil Suits in a Federal Court. The trespasser is usually required to pay or recover any damage that might have occurred. In the perspective of a Tort action, the plaintiff is usually required to provide proof that indeed the trespasser or the offender had intentionally violated their rights i.e. privacy rights et cetera. In Colorado, offenses committed in the dimension of trespass are guided by ...

Business Torts & Ethics

Standing alone, the intruder is liable for his or her actions. The intruder is liable for a number of crimes independent of the landowner’s liability. While the landowner may be held liable as well, the intruder is most definitely liable for his intentional torts committed against Darryl and Sharon. Simply because the intruder committed the torts on the landowner’s property does not excuse the intruder from personal liability. The intruder is potentially liable for a number of different torts. The intruder can be charged with burglary. While burglary is a tort, not a crime, the intruder has ...

The area covered by the lecture is Trots in Aviation Law. The various topics covered in the lecture for include Strict Liability in consideration with Civil Aviation regulations, duties of a pilot in flight and pre-flight, duties of the air traffic controller, duties of the maintenance engineer, the three categories of trespass, and nuisance. The elements of the lecture cover the duties of the pilot including responsibilities of a pilot in command of an aircraft, responsibilities before the actual commencement of the flight, analysis of pre-flight data, safety of passengers, safety of cargo, safety of crewmembers, keeping information on ...

One of the hallmarks of the US criminal law is the extent of protections afforded to criminal defendants. While a large body of criminal procedure has been developed and refined through case law, the US Constitution lays the foundation for procedural protections that are guaranteed to a criminal defendant. Law enforcement at all levels are required to adhere to such protections and guarantees. The reason that such projections and safeguards are so important for a criminal defendant is to prevent the government from abusing its power. In most cases, a criminal defendant will have considerably fewer resources and means ...

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 ...

Upon consideration of the facts as presented by Jenny, I would argue that are two causes of action; one in criminal law and one in civil law. Jenny can pursue both causes of action together or either one separately.

First, Jimmy’s actions are a violation of the criminal law; however not for the crime of rape. Rape is traditionally defined as the “unlawful carnal knowledge of a woman by a man, without her effective consent” (LaFave, 2000). Accordingly, under the law rape requires sexual intercourse. While the actions of Jimmy’s avatar are obscene they cannot be consider a rape of ...

Trespass is a legal term used to describe a wide range of offences against a property or persons. It refers to when a person or an individual or their property interfere with the property of others without their permission or pre existing terms of agreement. There exist two types of trespasses, criminal and civil trespass. Police, park rangers or sheriffs will enforce criminal trespass while in civil trespass the owner of the damaged property initiates enforcement action in a court to have any damages met for which the trespass may be held responsible. Traditionally some level of intent is required for any type of ...

Scenario One

Sebastian commits this offense when he dishonestly buys business class tickets with the intention to sell them. Evidence of further dishonesty is illustrated by his travelling in economy class while the company records indicate that he travelled in the business class. Though no harm results to the company, the case of Attorney General’s Reference (No.3 of 2003) held that the key determinant in the offense is the conduct, not the results. Accordingly, Sebastian has committed the offense regardless of the outcome of his conduct. However, it may be difficult to prosecute Sebastian; because his official capacity at ...

Arunabha Banerjee

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

I. Introduction Ever since National Security Agency (NSA) contractor Edward Snowden leaked a cache of documents detailing the NSA’s comprehensive electronic reconnaissance program in June 2013, mass electronic surveillance and the ability of the government to intercept and access communication around the world have been of the hottest public policy topics in the nation. The focus of the debate centers on the tension between privacy and security. On the one hand, privacy advocates argue that while the Founding Fathers had not explicitly stated that Americans had a “right to be left alone,” various rights at common law and provisions ...

Abstract

In many businesses, these days, there is use of technology in information sharing, advertisements, banking services and purchasing among others. The use of cyberspace is exponentially increasing; thus criminal activities are likewise exponentially on the rise. The major explanation for the rise in cyber threats is the fact that since the world web is intercepted, various web applications are getting popularity for data sharing as well as data storing regardless of the user. As time passes these web applications became more complex as a result of the increase in their faults in design. This creates a situation where surfing on the ...

When the founders of United States of America ratified the Bill of Rights in 1791, they could not have imagined the technology we use and rely on today. The 4th Amendment of the U.S. Constitution was intended to provide the American public with protections from unwarranted government intrusion into their most private property. While the language used in writing the 4th Amendment has been broad enough to function fairly well for more than two centuries, the rise of personal computers and internet technology has created a wave of questions and court cases about what data and communications receive 4th Amendment ...

- 2.2: Advice - (a). What it should do about the Timms Lease; While chase was making the purchase contract with the smiths, it was not informed of the additional two years of Timm’s lease. Chase has the mandate to sue Timm and prevent him from interfering with the property since they already owned the land, and while performing due diligence, the land had no complications and the process was clear. The reason the company performed due diligence was to avoid situations such as this. Timm being in an unwritten agreement is in no way able to ...

Tort means a civil wrong. In the given case, firstly, it is to be noted that mining is an underground activity. John is incorrect in claiming that he did not trespass Dana’s land, since while mining in his own property he went beyond the border beneath the surface of the earth thus encroaching Dana’s property; and, vide the maxim “cuius est solem, eius est usque ad coelum et ad infernos” meaning that whoever owns the land, owns it all the way to the heavens and to hell. John further claims to have unintentionally mined in Dana’s property ...

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

Introduction

The various concerns surrounding social networking sites are nothing new by any stretch of imagination; however, it appears that different people vary in expectations when the idea of social networks and privacy is coined. The question of privacy of internet users is something that majority of the advocates of technology are never aware of what they call private in their life. It pains many to bring into their attention that silicon icons including Mark Zuckerberg have publicly acknowledged that privacy is dead in the world we are living today. This is actually a casualty of the cult of the social. ...

Criminal Law

Question 1: The exclusionary rule remains to be relevant in our present legal environment. According to Slogobin (2013, p. 345), the Supreme Court’s decision in the case of Mapp v. Ohio stated that the exclusionary rule is derived from constitutional origin and stays completely undisturbed which means that the Fourth Amendment mandates the suppression of illegally seized evidence in spite of its effect on the police and an efficient means to prevent police misconduct. As an effect, any evidence that is illegally obtained and violates the Fourth Amendment for unreasonable searches and seizure is inadmissible in ...

Regarding Competitive Intelligence Practices

Regarding Competitive Intelligence Practices Upon my hire as Director of Security, a request was made for the review of the practices of the Competitive Intelligence Unit of the corporation. The present report provides the results of this review and recommendations for action related to its findings. A central component of this report is Table 1, which summarizes the competitive intelligence practices currently ongoing at the corporation. These practices are grouped into three categories: white, grey, and black. Any practice which is blatantly illegal has been automatically categorized as black. Action recommendations for each of the practices, ranging from continued ...

Distinguish between slander, libel, defamation, deceit, and trade slander, indicating the instances each would apply and the significance of the dissimilarity. For a statement to be actionable and considered to be defamation, it has to be published, false, and derogatory and must refer to a specific person. If it refers to a group of people, it is not defamation. A defaming statement cannot be complimentary even if not true. It must also have the effect of disadvantaging the individual, in that it has to be told to a third party possibly the media causing other people to avoid the plaintiff. Slander ...

The American Heritage Dictionary defines paparazzi as a freelance photographer who doggedly pursues celebrities to take candid pictures. Paparazzi make money by selling their photos and videos to reputed publications across the world. One single photo or a video clipping is simultaneously sold to several publications. The more famous the person is and the more embarrassing the photograph is to the celebrity, the bigger is the price. The most unique shots of famous personalities can even fetch millions of dollars. These includes situations where the celebrities are drunk, getting angry, tripping and falling or with undone hair. Given the money associated ...

United States v, Jones (2012)

United States v, Jones (2012) Background of the Case and Key Facts

In United States v. Jones, the US government had, without a warrant, installed a Global Positioning System (GPS) device onto the car belonging to the wife of a nightclub operator on suspicious of drug trafficking. The GPS system was used to tract the whereabouts of the nightclub operator for 28 days. Antoine Jones had come under suspicion of trafficking narcotics and had become a joint target for the Metropolitan Police Department and the FBI (Arcila, 2012). Several investigative techniques had been employed as part of an investigative procedure and this ...

Breach of the peace

The concept of breach of peace, which is a common law1 practice rooted in the English system of laws, exposes one to charge for the commission of absolutely anything. The mischief intended to be addressed by the originators of the term was that the peace of the Queen2 was to be protected and defended at any cost. From a legal perspective, it could be codified exactly what could cause the breach of the peace. The main qualm in the case was that the peace had been breached. Many common law countries have exported the law into their jurisdiction carefully omitting the ...

People from all cultures and all faiths advocate for forgiveness. However, there’s the question of how much one should forgive. If an offense is so grievous or repeatedly committed then it can make one question if continuing to forgive won’t cause further harm towards oneself. It’s true that nobody’s perfect and that even the people we love and who love us do things that hurt us, whether intentionally or unintentionally. However, although I believe that we should always find it in our hearts to forgive, I believe that we shouldn’t bestow the same level ...

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” The Fourth Amendment of the U.S. Constitution

Common Law Background of the Fourth Amendment

Semayne’s Case 5 Coke's Rep. 91a, 77 Eng. Rep. 194 (K.B. 1604)

Facts

Richard Gresham and George Berisford shared a home in London. Berisford died and left his belongings to Peter Semayne. Semayne had to sue Gresham to ...

An industrial chemical is one of the toxic wastes that need to be disposed of properly. However, before disposal the effects of the chemical on the environment and its inhabitants must be assessed as well as the legality of the chemical. Once a chemical is declared legal by government, it can be disposed of in but prescribed location by the local government. In this case before hand if the chemicals were legal at the time of disposal, the individuals concerned cannot be held responsible for the damage that there arise. Although the officers concerned, on the other hand, must ...

Introduction

Air rights are rights to develop the unfilled space situated above a physical property site. As with other categories of rights related to real estate, it is feasible to transfer these rights to other parties while preserving possession of the property itself. In extremely urbanized areas where the only potential course to construct is up, air rights are a burning topic of discussion and debate as developers tussle to expand their projects while still remaining inside the confinements of zoning law. In the past, property proprietors preserved fundamentally unlimited property rights. As human societies grew and began introducing zoning laws, individuals ...