...Law of Torts Assignment draft This paper shall examine the current position of the Rescuer under Irish law, and critically examine how this position has developed under common law and statutes. This development can draw many of its origins from the 2009 Law Reform Commission consultation paper which essentially outlined a framework for the drafting of legislation. Furthermore analysing case law and statue from our jurisdiction and abroad, which was applied in the only real substantive case in Ireland to date, O’Neill v Dunnes Stores Ltd To determine the position of the rescuer in Ireland several factors were considered by the LRC such as the moral versus legal question of a duty to intervene, how intervention affects society and with an increasing level of litigation in modern Ireland, how the courts should view subsequent cases for and against Good Samaritans and Voluntary organisations. LRC Consultation Paper The recognition and protection of persons providing voluntary assistance has been addressed by the LRC Consultation Paper on Civil Liability of Good Samaritans and Volunteers, which proposes the introduction of a statute restricting the liability of such persons who intervene as rescuers. The recommendations in the paper essentially aimed to clarify the confusing position of rescuers in Ireland through the implementation of statute. Section 5.01 of the recommendations states “The Commission recommends that there should be no reform of the law to impose a duty...
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...1. Define civil and criminal law. Could these case facts give rise to a criminal, a civil case, or both? Explain your answer. Civil law is a system of law conerned with private relations between members of a community rather than criminal, military, or religious ethics. Criminal law is a system of law concerned with the punishment of those who committed the crimes. I believe in the Good Samaritan Case it is both a criminal and civil case. The case is criminal and civil case. The case is criminal because Broitzman and Larson where both charged for the crimes they committed. This case is also a civil law case because being a nursing home the actions of the girls charged also effected the community in more than just a criminal way. The residents of the nursing home had family members in and they themselves where members of the community. 2.What intentional torts do you think the nursing aides committed? Please give a definition for each intentional tort that you choose with an explination of why you chose that tort. The intentional tort Assault and Battery is the only one that seems to apply. As defined Assault is the threaten of harm, while battery is the actual harm to a person. The girls Broitzman and Larson both got charged with criminal abuse charges. Abuse falls under Assault and Battery with the actual harm to a person. The girls both recieved multiple counts of Abuse due to it being towards more than one resident in the nursing home. 3. Who is ultimately responsible...
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...Media Ethics -Ethics, in Greek word Ethos, mean moral value and quality. -Conrad C. Fink defined “ethics is a system principles, morality or code of conduct. It is the values and rules of life recognized by an individual, group or culture seeking guidelines to human conduct and what is good or bad and right or wrong.” -set of principle of right conduct or code of moral conduct for people to behave -reflects society’s views of what is right or wrong 3 branch of ethics -meta-ethics ( study of origin of ethical concepts) -normative ethics (concerned with developing general theories, rules or principles of moral conduct to distinguish right from wrong) -applied ethics (problem solving: use insight gained from meta-ethic, general principles and rules from normative ethics to apply ethical issue, or situation) Good Samaritan-Yes -origin from Whistle Blower -a generous people who is ready and willing to help people in distress without hesitation -Example: a good Samaritan pulls a person out of a burning car after an accident -religion taught us to help people No-good Samaritan (why people never help?-Genovese Syndrome) -bystander effect, large bystander increase the likelihood that people will step forward to help a victim, expect others to help the victim -diffusion of responsibility, social phenomenon occurs in groups where responsibility is not clearly assigned, thus rely on other. (Less than 3 people, everyone will take action; more than 10 people, no one...
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...| Good Samaritan Law Definition - A Good Samaritan in legal terms refers to someone who renders aid in an emergency to an injured person on a voluntary basis. What Is The Good Samaritan Law The "Good Samaritan Law" is the legal term that refers to someone who renders aid in an emergency to an injured person on a voluntary basis. The Good Samaritan laws offers legal protection to the person that gives reasonable assistance to another person who is injured, ill, or otherwise incapacitated. They made this law to encourage people to offer assistance without the fear of being sued or prosecuted for unintentional injury or wrongful death (Good Samaritan law, 2009). Most overdoses occur in the presence of other people and take several hours to cause death. However, research finds that in up to half of cases, no one calls for help. 911 calls are also often delayed as witnesses try ineffective methods of reviving people such as slapping them or dousing them with cold water. The most common reason given for not calling 911 or for delaying help seeking is fear of arrest and prosecution (Szalavitz, 2011). Who Does It Protected Most of the Good Samaritan laws are specifically made for the public and each law protects different individuals. A person will be protected under the Good Samaritan laws as long as he or she has good intentions to aid the victim to the best of his or her ability during a medical emergency. Under some Good Samaritan Laws, as long as medical...
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...Unit Two Assignment HS 101 November 18, 2015 Kaplan University Unit Two Assignment 1. Define civil and criminal law. Could these case facts give rise to a criminal case, a civil case, or both? a. “A criminal action is considered a wrong against society… A civil Action is considered a wrong between individuals” (Caldwell, Connor, 2012, p. 131). These case facts give rise to both criminal and civil cases. First, the teenagers abused the elderly verbally and physically, which should result in some fines paid to the family, making it a civil suit. Next, the teenagers were put in front of a jury, which found them guilty, some were sentenced to jail time, the other sentences varied in charges. The fact that they were put in front of a jury, is what made this case criminal, along with the negligence of the Good Samaritan Home employers and the abuse intended by the teenage nursing aides. 2. What intentional torts do you think the nursing aides committed? Please give a definition for each intentional tort that you choose with an explanation of why you chose that tort. b. I believe the nursing aides committed assault and battery. “Assault meaning the threat of harm, and battery meaning the actual physical harm to a person” (Caldwell, Connor, 2012, p. 132). I chose assault and battery the Case in Point mentioned that the nursing aides physically and verbally abused the elderly patients, meaning the must have laid their hands on the elderly patients which...
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...Team D CJS/211 October 12, 2015 Ethical Scrapbook Part 2 Team D created a scrapbook of ethics such as Good Samaritan conduct, acts of vigilantism and disobedience, and criminal acts committed by professionals in the course of their employment. We each learned about the topics and discovered several examples to better explain and help us have a better understanding of each ethical standpoint for the scrapbook. In this next part of the scrapbook, we will be discussing each ethical view by answering questions and relaying our own personal opinions as well. Good Samaritan Law According to the Good Samaritan Law, a person is protected if they give reasonable assistance to those who are, or who they believe to be, injured, ill, in peril, or otherwise incapacitated. This is dependent on the State. The protection is intended to reduce bystanders' hesitation to assist, for fear of being sued or prosecuted for unintentional injury or wrongful death. Many people have helped others, and some have even been sued for it. In December of 2004, a group of people were on their way home after a party, when they got into a car accident. One of the people pulled the other out of the car, because she feared it would catch on fire. Because of this, the women that were pulled out became a Paraplegic. She later sued her friend for pulling her out of the car. In California, a Good Samaritan can be sued. On March 11, 2009 in Ohio, two men Mark Kinkaid and David Kelley were driving, and they noticed...
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...Unit 3 Case Brief Jon E. Johnson Kaplan, University Unit 3 Case Brief Case: Mitchell v.Lovington Good Samaritan Center Inc., 555 P.2d 696 (N.M. 1976) Facts: On 6/4/1974 the Petitioner, Zelma Mitchell, was terminated from her employment at Lovington Good Samaritan Center, INC., for alleged misconduct. On 6/12/1974, Mitchell applied for unemployment compensation and was found ineligible due to her being terminated for misconduct. She was found to be ineligible by an Unemployment Security Commission Deputy. Mrs. Mitchell filed an appeal to the Appeal Tribunal, and the referee of the Tribunal, reversed the decision of the Unemployment Security Commission Deputy, and her benefits were reinstated. On September 13, 1974, the Good Samaritan Center INC., appealed the decision of the Appeal Tribunal, to the entire Commission pursuant to s 59-9-6(E), N.M.S.A. 1953, and the Appeals Tribunal’s decision was overruled, and Mrs. Mitchell was again disqualified from receiving unemployment benefits. Mrs. Mitchell then asked for and received a review of the Commission’s decision, from the District Court of Bernalillo County, pursuant to s 59-9-6(K), N.M.S.A. 1953. On 01/16/1976, the District Court overturned the Commission’s decision, and Mrs. Mitchell was again reinstated to receive her unemployment benefits. On June 4, 1974, the Petitioner, Mrs. Mitchell, was caught by Center’s director filling in her time sheet, prior to commencing her shift. When questioned about why she was doing...
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...Amy Nesburg Ms. Schraud, J.D. OST-149 NW1 September 5, 2015 Chapter 3 Discussion Questions 1. Yes, you are protected under the Good Samaritan Law. The law states that those who do volunteer must exercise reasonable care and skill in rendering such aid. This law does protect those professionals who do offer aid, outside of their work environment, in good faith, without gross negligence. “Good faith” is an abstract quality that is best defined as being faithful to one’s duty or obligation. According, to N.C.G.S §90-21.14, we are covered under the Good Samaritan law if we were perform CPR on a co-worker. If we administer CPR to a person, while performing CPR we break that persons rib, we cannot be sued because that is likely to happen when you perform CPR on a person. If you perform a medical act or help in an emergency situation, you cause an injury or death and it can be proven that it was caused by gross negligence, wanton conduct or intentional wrong doing then you can be sued. 2. When a physician moves to another state, he must obtain a license to practice in that state. The physician could be required to pass that state’s medical examination, or the physician could receive reciprocity or endorsement from that state. While medical practice acts vary from state to state, they generally, provide for the establishment of a medical examining board that has authority to license physicians, establish the baseline for the practice of medicine in that state, determine the prerequisites...
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...rules and regulations. They must have safe and secure door locks, fire-prevention measures, exit strategies and plans, pool safety, first aid, security guards and security cameras. 1. The occupational Safety and Health Act The mission of OSHA is to help employers and employees to reduce the number of job injuries, illnesses and death on the work place. OSHA regulations standards require the hotel industry to maintain conditions to adopt practices and to protect workers on the job. It ensures that employees should be familiar with and comply with standards applicable to their establishments. Moreover, OSHA ensures that employees have and use personal protective equipment when required for safety and health. OSHA promotes workplace safety and health by: * Implementing new safety and health management systems. * Inspects Hotels worksite. Hotels failing to adopt OSHA regulations may be cited or fined. * Establish rights and responsibilities of employees and employers. * Supporting Innovation in dealing with workplace hazards. * Establishing record keeping and reporting requirements for employers. * Developing training programs for occupational safety and health personnel. 2. Work Security – The labour Act It is the body of law that governs the employer and employee relationship, including individual’s contracts, the application of TORT and contract...
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...Mitchell v Lovington – Case Brief Melanie Brown Introduction to Legal Studies Robert Morse September 12, 2015 Citation: Mitchell v Lovington Good Samaritan Center, 555 N.M. P.2d 696 (1976) Brief Fact Summary. Mitchell (Appellee) was terminated by Lovington Good Samaritan Center (Appellant) for misconduct. Facts. Appellant terminated Appellee on the grounds of misconduct. Appellant alleges that the Appellee was insubordinate to her superior. Appellant further alleges that the Appellee appeared on at least two occasions out of uniform and refused to performed job duties for a day, which included dispensing medication to patients. On a separate occasion, Appellee again refused to perform duties as relief medication aid. Finally, Appellee was noted to be unethical and time consuming in performing job duties. Appellant denied unemployment on grounds of misconduct due to Appellee’s repeated disregard for rules and job responsibilities. Issue. Whether the Appellant had just cause to deny unemployment benefits to Appellee upon termination of employment after one year for repeated misconduct under § 59-9-5(b), N.M.S.A. 1953. Rule. The term “Misconduct” is not defined in the Unemployment Compensation Law [§ 59-9-5(b), N.M.S.A. 1953]. In Boynton Cab Co. v Neubeck, 237 Wis. 249, 259-60, 296 N.W. 636, 640 (1941), the Wisconsin Supreme Court defined misconduct as limited to conduct evincing such wilful wanton disregard of an employer’s interests as...
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...commitment to do what is right by any means necessary. Ethics is not just doing what an individual must do but also doing what an individual should do. Many individuals failed to realize when they perform unethical behaviors there is a price to pay and not taking the time to think things through before they act may cost them their livelihood as well as damage their credibility and character. However, practicing good ethics can result in one gaining respect integrity among the individuals one interacts with daily. Because all individuals are different and not one individual thinks or view things the same, it easy to determine that as it relates to ethics each individual may have different viewpoints. This ethical scrapbook explored 12 examples related to ethical and unethical values and morals as a team to determine what examples we agreed on and what examples we did not agree on as well as allowed the team to discuss what the disagreement reflected in terms of personal value systems. Additionally this scrapbook referred to Team A values by answering a series of questions. Ethics Scrapbook Team A Review First Team A reviewed three Good Samaritan conduct or random acts of kindness examples and as a team we all agreed 100 % that in each example the individual (s) made the best decision possible given the circumstances. We...
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...A Good Samaritan law is a law which compels a person to act for another if they are ill, in harm or other peril. The UK is one of the few European countries that have not criminalised failure to act, but instead the courts and some statutes have provided situations whereby liability will be imposed for a failure to act, or an ‘omission’. This assignment will discuss these circumstances and analyse why they exist. The law of England and Wales states that for someone to be found guilty of an offence there are two elements which must be found; these are actus reus and mens rea. Actus reus is a criminal act, and coupled with mens rea, ‘the guilty mind’, liability can often be imposed. However actus reus, deceivingly, does not have to be an ‘act’. There are certain circumstances where a failure to act, or an ‘omission’, is enough to place criminal liability. The general rule in English criminal law is that an omission will not result in criminal liability, for example if a by-passer witnesses someone being stabbed, but does not intervene, then the victim dies, they will not be liable, even though they may have reasonably been able to help. This is because there is no ‘constructed situation’ where it says there is a duty to act. However, there are certain situations where liability will be found, because it is expressed in statute, this is called direct liability; where a statute specifically states that there is a duty to act; for example the Road Traffic Act 1988 s.6 which provides...
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...Legislation Acts Interpretation Act 1901 (Cth) | Purposive approach- S 15AA (1) – have regard to objects and purposes that Parliament was seeking to achieve Use of extrinsic material- S 15AB – courts may look at extrinsic material such as Parliamentary debates, reports of law reform commissions etc Rules as to gender and number s 23 In any Act, unless the contrary intention appears: (a) words importing a gender include every other gender; and (b) words in the singular number include the plural and words in the plural number include the singular. Meaning of certain words S 22 (1) In any Act, unless the contrary intention appears: (a) expressions used to denote persons generally (such as “person”, “party”, “someone”, “anyone”, “noone”, “one”, “another” and “whoever”), include a body politic or corporate as well as an individual; (aa) individual means a natural person; (b) Month shall mean calendar month; … Similar: Legislation Act 2001(ACT) ss 139, 141-143 Interpretation Act 1987(NSW) ss 33 and 34. | Australia Acts 1986 | made Australia and the States fully independent in their law making powers. | Colonial Laws Validity Act 1865 | The purpose of the Act was to remove any apparent inconsistency between local (colonial) and British ("imperial") legislation. | Commonwealth Constitution (s109) | If there are inconsistent laws made by the Commonwealth and the States, the Commonwealth law will prevail | Free trade (S92) | The federation and free...
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...Kaplan University Tammy Landry Unit 3 Assignment Zelma M. Mitchell v. Lovington Good Samaritan Center, Inc. 555 P.2d 696 New Mexico Supreme Court (1976) CASE NAME: Zelma M. Mitchell v. Lovington Good Samaritan Center, Inc., 555 P.2d 696 New Mexico Supreme Court (1976) FACTS: Mrs. Zelma Mitchell started working at the Lovington Good Samaritan Center, Inc. as a nurse’s aide in 1972. Approximately one year on the job Mitchell began serving as a relief medications nurse two (2) days a week. Mitchell was terminated for misconduct. Mitchell’s testimony stated that she punctually arrived to work at 3:00 p.m. She stated that the Director of the Center questioned as to why she had filled out her time card. Mitchell responded that she would be working eight (8) hours for the day as long as she did not “break a leg or die.” The Director responded “Well, I’m not so sure about that.” Mitchell became defensive and made comments where the Director of Nursing overheard. This causing words to be exchanged between the three (3) parties in an open area where others could hear. The issue was taken for further discussion behind closed doors. The Director of the Center had to resolve the issue by putting Mitchell on two (2) week probation on the grounds that Mitchell had used the phrase to describe her employers “a birdbrain against another birdbrain” and stating “she can’t work with us”. Immediately, Mitchell demanded...
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...set in. In medieval times God determined the law. For kant, “laws” are human constructions arrived at by reasoned public debate, and since reason is the only faculty we have that is “infallible” ( or so Kant hoped), the laws would always be right and just and therefore worth of our obedience. Now that God couldn’t serve as our guide, at least for nonreligious people, Kant believed we needed to identify the fundamental principles of the human mind, on which we could base morality. He therefore proposes a philosophical system that distinguishes between different human faculties in order to identify the sole faculty, which can reliably serve a moral purpose. For him this is reason, and it must a separate category from all other faculties of the mind or heart, even positive ones like we saw in The Good Samaritan and Jumping Mouse such as love and empathy, or in Helen Keller such as passion, hope or good character. These and everything else about human nature was completely untrustworthy, anything to do with feelings or sensual desire was always ruled by self-interest and therefore unworthy of becoming a basis for morality. Reason alone is reliable and it is up to reason to act out of good will. Thus inclination, which falls outside reason is also unreliable. Just as the pursuit of happiness. Kant isn’t against Happiness per se, though, he’s simply believes one must be “worthy of happiness” by doing one’s duty to the public, e.g. making decision based on reason...
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