... Brown Essay 1 Shannon taking the pain medication and operating a vehicle against the advice of her doctor caused her to hit a passenger in another vehicle, seriously injuring that person. In a court of law the Plaintiff in this case would be would be the passenger in the vehicle that was seriously injured and the defendant would be Shannon. Because of the passenger’s injury she would initiate a lawsuit, making her the plaintiff. Shannon in this case is the defendant, the reason for that is because she is the accused person in the lawsuit. This case would be held in a state court. Although federal courts are located in every state, they are not the only forum available to potential litigants. The vast majority of legal disputes in American courts are addressed in the separate state court systems. Federal courts are courts of "limited" jurisdiction because they may only decide certain types of cases as provided by Congress involving federal questions or diversity of citizenship as identified in the Constitution. Therefore Federal courts generally hear cases of constitutional nature or disputes between states. The Civil Court of original jurisdiction would have jurisdiction over this cause of action. Civil court is preponderance on the evidence as opposed to criminal court which is proof beyond a reasonable doubt. In addition, the party who brings the suit is the person who suffered harm in civil court. If the state was the party who brings the suit, the case would be...
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...Court v Civil Court; The Differences Jeff Eader Kaplan University Criminal Court v Civil Court; The Differences The American Court system was established to settle disagreements between parties that have disagreements that need to be settles. This system was created to involve two types of case proceedings, which include civil and criminal cases. There are differences between the types of cases that can be heard and tried in civil and criminal proceedings. This essay will examine differences between civil and criminal hearings in the areas of burden of proof, which party can start the case, the different types of punishment that can be handed down, and the types in each jurisdiction. Finally, the essay will examine criminal and civil case in a table format. Civil Court Hearings * Rulings * Types of Cases * Parties Involved * Burden of Proof The civil court system is a very different entity from a criminal court. This type of court hears proceedings that are about money, debts, property issues, injuries, divorce, child support, and housing issues, such as evictions and foreclosures. ("The Differences Between Civil and Criminal Court," n.d.) The judges in these types of cases have a different set of powers to enforce their findings in the case. The enforcement part of these proceedings can be as simple as a ruling, the awarding of money to one party of the case, or fining an individual. It is also important to note that an individual in a civil court...
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...Criminal vs. Civil Law Jennifer M. Martin Kaplan University Professor Hardgrave 9pm Criminal vs. Civil Law The American Legal System consist of two types of case laws. They are civil and criminal case laws. In Civil case, it begins when a person or entity (plaintiff) claims a person or entity (defendant) didn’t fulfill their legal obligation to the plaintiff. Whereas, Criminal case begins when a Government (United States Attorney or States Attorney) prosecutes a defendant if charged with a state or federal crime. In this essay, I will discuss the difference between the two case laws. (Cheeseman) The punishment in criminal law begins when anyone who is found guilty of a crime, whether misdemeanor or felony, will result in punishment by incarceration, fines, probation or even in some states death penalty if was results in deaths. For example, when someone is sentenced to so many years in jail for a felony robbery or murder. Whereas, Civil law the defendant is remanded by the court to pay restitution with no incarceration. For example, when Capital One takes a client to court for defaulting on his or her agreed contract to pay on the credit card. The court may have the defendant pay restitution to the plaintiff, which is Capital one. The standard proof of crimes must be proved beyond reasonable doubt. Meaning, when the accused is being prosecuted, the prosecutor has to prove whether or not the defendant is guilty or not. When there is beyond reasonable doubt between the...
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...longest Latino civil rights group emerged at the height of discrimination and segregation. LULAC as well as the American GI Forum, this two organizations helped propel other major Chicano movement’s years after that, which included assisting in the fight to end school segregation using legal challenges. “LULAC focused its energies on fighting discrimination through lawsuits and other kinds of political organization” (Bedolla 73). This in term led in a federal, state, national and local court decisions prohibiting separation based on Mexican ancestry that resulted in the many cases that fell in the hands of the Supreme Court. Mexican Americans were unable to serve as jury’s. “Hernandez deserves the honor of being recognized as the first civil rights decision of the...
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...TermPaperWarehouse.com - Free Term Papers, Essays and Research DocumentsThe Research Paper Factory Join Search Browse Saved Papers Search State Of Confusion Paper In: Business and Management State Of Confusion Paper State of Confusion Paper Many regulations are created in this country that limit people in doing certain things. These regulations and laws make this country safe, but it does not only apply to people they also apply to businesses and organizations within society as well. The case of Confusion versus Tanya Trucker scenario involves a trucking company and the state of Confusion. The main problem in this scenario is that the State of Confusion passed a law obligating all trucks and towing trailers that use its highways to use a specific truck hitch. This hitch has to be set up on every truck that wants to drive through Confusion. Any trucker that does not want to buy and set up this hitch has the option to drive around Confusion. Tanya the owner of the trucking company is unhappy about the new law that has been passed. Her trucks pass through Confusion many times, and one of her main beliefs is that this new hitch will become a very high addition to her company budget. Tanya has the alternative of driving around Confusion but the distance of travel is longer, would waste time and more expensive in gas. Tanya does not agree with this law and decides to file a lawsuit against the state of Confusion because the lawsuit is against a state law it will be held...
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...Ethics Essay By Christopher Matthews Business Law 210 May 14th, 2012 Professor Scott Bergstedt Stance on Merck/ Overview: It is the view of the author to discuss in detail why and how Merck caused gross negligence in its marketing and labeling practices. During this discussion, I will outline several instances where Merck has plead guilty to numerous law suits spanning from the United States to Great Britain (UK). In addition, I will define ethics and based on ethical business practices and attempt to identify what Merck may have done to prevent such unethical and in some cases immoral behavior. Brief History of case: In 2004, Vioxx (Rofecoxib), an anti inflammatory, pain-reliving medication, to treat such conditions as osteoarthritis and acute pain had been recalled by the Food and Drug Administration (FDA). Several reasons include illegal marketing and label practices, concealment of known side effects, intentionally misleading the general public, medical professionals and government officials. “Vioxx was taken by more than 80 million people worldwide before it was recalled in 2004 (Independent 2010). Merck, Sharpe & Dohme (Merck), Vioxx’s manufacturer vigorously denied any wrong doing and from 1994 thru 2011, several multi-national law suits were sought pertaining to the overall liability and health hazards that Merck had placed on the general public. United States v. Merck: In late November of 2011, the US Department of Justice...
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...objective questions (multiple choice, multiple answer, and matching—worth 5 points each and broken down by TCO), and the 7 essay questions (worth 20 points each and broken down by topic). The essay questions are all located at the end of the exam, so be sure to allow approximately one-half of your time for the essay questions. The essay questions can each be answered in 1-2 paragraphs. To prepare for the exam, review the following materials from each week’s material 1. Re-read the “Lecture” page, including the examples. 2. Read the instructor’s “wrap-up” to the two threaded discussion questions. 3. Review your graded answers to the weekly chapter-end homework problems. 4. Review your graded quizzes (Weeks 1-7). The objective questions are drawn largely from weekly quiz questions and chapter-end homework questions. In reviewing weekly quiz and homework answers, make sure you understand why the correct answers are correct. Re-read the relevant page(s) in the text, if necessary. The essay questions are drawn from issues raised in the threaded discussions, chapter-end homework questions, and material in the weekly “lectures.” Specifically, review the following topics in order to prepare the essay questions you might receive: * TCO 1—Negligence. The elements of “negligence,” the standard by which we judge a person’s conduct in a negligence case, and the concept of...
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...LEGAL OPINION A GUIDE FOR NEW LAW STUDENTS Orin S. Kerr† This essay is designed to help new law students prepare for the first few weeks of class. It explains what judicial opinions are, how they are structured, and what law students should look for when reading them. W I. WHAT’S IN A LEGAL OPINION? hen two people disagree and that disagreement leads to a lawsuit, the lawsuit will sometimes end with a ruling by a judge in favor of one side. The judge will explain the ruling in a written document referred to as an “opinion.” The opinion explains what the case is about, discusses the relevant legal principles, and then applies the law to the facts to reach a ruling in favor of one side and against the other. Modern judicial opinions reflect hundreds of years of history and practice. They usually follow a simple and predictable formula. This † Orin Kerr is a professor of law at the George Washington University Law School. This essay can be freely distributed for non-commercial uses under the Creative Commons AttributionNonCommercial-NoDerivs 3.0 Unported license. For the terms of the license, visit creativecommons.org/licenses/by-nc-nd/3.0/legalcode. 11 GREEN BAG 2D 51 Orin S. Kerr section takes you through the basic formula. It starts with the introductory materials at the top of an opinion and then moves on to the body of the opinion. The Caption The first part of the case is the title of the case, known as the “caption.” Examples include Brown v. Board of...
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...TermPaperWarehouse.com - Free Term Papers, Essays and Research DocumentsThe Research Paper Factory"">JoinSearchBrowseSaved Papers"">Home Page » Business and Management Court Observation In: Business and Management Court Observation Court Observation On Monday I visited the District Court. This was my second attempt at visiting a court room; on my first trip I was told the judge did not have a docket for that day. A docket is defined as a calendar of cases awaiting action in a court. Jurisdiction is what gives the courts the power to hear and apply the law to certain types of cases. District Court has original jurisdiction for the following actions; all Traffic and Ordinance violations, all criminal misdemeanors, preliminary exams on felonies, small claims suits, civil lawsuits (amounts up to $25,000), and all contract disputes between tenants and landlords. When I arrived there were a lot of people waiting and I noticed signs posted on the court room doors that stated "Do not to enter until your name is called". Although I know court rooms are generally open to the public, I did not want to be intrusive so I waited patiently in the Traffic/Cashier line hoping someone would be able to assist me. Soon, someone escorted me into the court room. I looked around and tried to get familiar with the surrounding seeing as how this was my first time being in a court room. I quickly learned that the docket schedule to be heard were criminal and traffic cases. There were a few people waiting...
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...Inequality, in other words is structural or socially patterned. In the past inequality often was justified through biology, it was argued that biological traits such as race and gender were relevant. But, this was only relevant because these traits are socially ranked and rewarded based on ones rank. From the mid-1960s to the early 1970s, black women were in a difficult position. Between the civil rights and feminist movements, where did they fit in? They had been the backbone of the civil rights movement, but their contributions were minimized. When black women assembled to the feminist movement, white women discriminated against them and gave little attention to the class issues that seriously affected black women, who also tended to be poor. Black women are plagued with this type of double-jeopardy problem they can not win on either side Review of literature:...
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...The good aspects of relying on precedent to decide current cases is that people will know what can happen if it is same type of case. It will lead to same outcome to all, with no exceptions. The bad aspects of relying on precedent are that if there is a wrong precedent it will keep for a very long time, making it very rigid and with no exceptions. In the case I chose as a landmark in previous assignment: Gideon vs. Wainwright. Gideon was an indigent and he was not given a counsel appointed by the court when he asked for it, because his case was a noncapital case. He was sued for robbery and as a result he got in jail. He took a long time until the Supreme Court saw the case, during his stay in jail. Finally the 9 judges allowed him to have a lawyer who defended him and had a fairer trial (equal conditions) where a lawyer defended him and set up a landmark and precedent for the future. During the new trial it was shown that he was not who commit the robbery. ADR means “Alternative Dispute Resolution”. These are: negotiation, arbitration, mediation, mini-trial, fact-finding and judicial referee. Usually litigation is more expensive because of the legal fees and expenses and also it can take years for the court system to resolve disputes. The elements of a negligence claim are: -Duty of care -Breach of duty -Injury to plaintiff -Actual cause -Proximate cause The difference between intentional tort and negligence is the intention. In negligence claims...
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...|Becker College | |FLSA | |Class V, Essay | |Jennifer Macduff | |12/15/2015 | The employee working at the upscale coffee shop was promoted from Barista to Manager. The manager was reclassified as exempt and will not be receiving overtime pay. The Manager, in addition to being responsible for managing and making sure the store runs smoothly, performed non-management type work; waiting on customers, checking supplies and cleaning bathrooms. The manager feels that although they are involved in interviewing that ultimately the District Manager makes the decision. The manager is thinking that they should be considered non-exempt and be paid for overtime work. Would this company be able to document that the store managers are exempt from the FLSA (not to mention similar state laws)? If the employer has not adequately maintained records the court could accept the Managers claim and give the employer the burden of disproving the allegations. Under FLSA the...
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...possible discrimination in the workforce of America. This essay reveals the difference in categories such as gender, age and race that are responsible for the stereotypes and various work envorinments. These actions that continue today in modern America need to be taken care of and even further action needs to take place in order to eliminate any relevance of such differences. AMERICAN WORKFORCE DISCRIMINATION 3 Table of Contents Introduction………………………………………………………………………………………4 Racial Discrimination……………………………………………………………………………4 Sex Discrimination……………………………………………………………………………….5 Age Discrimination………………………………………………………………………………6 Conclusion………………………………………………………………………………………. 7 Bibliography……………………………………………………………………………………. 8 AMERICAN WORKFORCE DISCRIMINATION 4 Minority groups and women, in particular, in the United States have gone through drastic changes in regarding employment over the past five decades. Mainly due to the Civil Rights Movement and its results difference in others skin color, family background and other stereotypes have become less relevant and more important in the American workforce today. Also, Constitutional ratifications have actually been put into place so that discrimination does not occur in an occupational setting. Despite all of these changes, employers on the hunt continue, intentionally or not, to discriminate in some way, shape or form. In order to protect these various classes, Civil Rights Act included the Equal Employment Opportunity...
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...Americans today enjoy many civil liberties regardless of race, sex, sexual orientation or ethnic background. The road to earning these civil liberties has been tainted with much pain, tears and suffering. It has not been easy for the different groups represented within the population of Americans to obtain and protect their rights. This essay will recount the bloody paths Americans of all colors had to follow in order to enjoy the civil liberties which so many take for granted today. The origins of civil liberties for the United States dates back to England. The United States has a clean start by including the Bill of Rights in the American Constitution. The Bill of rights at first were the symbolism of American ideals because there was no way of enforcing them until 1803 where in the case of Marbury v. Madison the Supreme Court took action in striking down laws for the first time that were considered unconstitutional. From that point on the Supreme Court established a precedent of wielding the power to strike down any unconstitutional legislation. Marbury v. Madison happened long before the Civil War and before any of the other cases mentioned. However its importance to civil liberties is essential to any civil liberty essays because it was the one case that allowed for the Supreme Court to take action and enforce the bill of rights along with any other law that is deemed unconstitutional. It was this case that brought about the exercise of judicial review in the United States...
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...Analyze a Specific Case to Understand Equal Employment Opportunity Laws and Their Impact on Human Resources Employment and Labor Law Jason Berning Presented in partial fulfillment of the requirements for a Bachelor of Business Administration Degree This essay highlights a Supreme Court case concerning discrimination in the workplace. Besides conveying important facts about the case, including its origins and prior rulings, analysis will take place on the Court’s decision and its effect on employers and human resource personnel. EEOC The plaintiff in this case was the Equal Employment Opportunity Commission (EEOC) filing in regard of Eric Baker, a former Waffle House employee (EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. WAFFLE HOUSE, INC, 2015). The EEOC is a federal entity charged with enforcing federal laws making discrimination illegal in the cases of race, color, religion, sex, national origin, genetic information, disability, and age (About the EEOC: overview, 2015). Further recognized as discrimination are action deemed negative against an individual and brought about from a person complaining about discrimination, filing a charge of discrimination, or being involved in an investigation or lawsuit involving discrimination (About the EEOC: overview, 2015). This law effects most employers with 15 or more employees including labor unions and employment agencies and applies to multiple work situations including hiring, promotions...
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