...with a neck hold. John ordered the man to release him, but Mr. McPhillen refused his request to release him. Mr. McPhillen then seated John firmly in a chair and ordered him to remain seated or he would punch him. It was after this that the woman informed Mr. McPhillen that John was her husband. ISSUE: (1) Which intentional torts were committed and (2) what are the defenses available to the tortfeasors? Short answer: John and Leroy are both guilty of committing intentional torts. However, both parties have arguable defenses. More information is needed in regards to the events that took place prior to the man assaulting the woman and the amount of time that John was confined by Mr. McPhliien. Prior to determining the appropriate statues and the defenses each party may present, each intentional tort committed must first be explained. Intentional Torts: The first intentional tort was committed by John when he began shouting at the woman, approaching her in an aggressive manner, and by grabbing her wrist. Regardless of his relationship to the woman, John committed Assault and Battery by grabbing the woman’s wrist. The three basic elements of this tort include...
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...Intentional Torts and Defenses of Leroy McPhillen and John Victoria Downie Kaplan University Professor Randee Breiter Torts and Personal Injury PA165 May 31, 2015 Intentional Torts and Defenses of Leroy McPhillen and John Human and animal nature is defined by the subconscious behavior of the fight or flight instincts. People have the ability to view situations and determine whether they need to fight for their life or run. What sets us apart from animals is that we also have the ability to determine whether other people need us to fight for them when they cannot fight for themselves, as seen in the case of Leroy McPhillen versus John. Leroy McPhillen was a frequent client of Bottom’s Up Pub. One Saturday night Leroy noticed an intoxicated man shouting obscenities at a woman seated at a table within close proximity to Leroy McPhillen’s table. While the woman ignored the man and continued to drink her beverage, Leroy asked the intoxicated man to join him for a beer at the bar. The man mumbled that “Leroy should mind his own business” and proceeded to grab the woman’s wrist. It was at this point that Leroy grabbed the man, later identified as John, by his other arm and neatly twisted behind his back while placing him in a neck hold. John began to protest violently. Leroy then place John in a chair and informed him not to move or he would “have to punch him”. It was at this time the woman, identified as Jane, informed Leroy that the man was in fact...
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...Breach of Confidentiality in the Professional Health Setting When it comes to the healthcare profession, patients expect the information they give to the receptionist, nurse or doctor be kept in complete privacy. A breach of confidentiality, in the medical field, for example, is when information about a patient is given to another individual without written or oral consent. Trust plays a very viable role in any physician/patient relationship. Without this trust, physicians, nurses, EMTs or any other health care provider is unable to provide the proper care each patient desires and deserves. A breach of confidentiality case occurred in Florida, March of 2000. A Dr. of Psychology breached the confidentiality of a married couple that was seeking his help with their marriage. In the state of Florida, the Supreme Courts follow the common law requirement of the Impact Rule. This rule states that, “physical contact must occur to allow damages for negligent infliction of emotional distress.” Florida has started making exceptions to this rule, like other states that still use the Impact Rule. One important exception to this rule is, the patient must suffer a physical injury caused by a psychological trauma. The trauma could be from seeing, witnessing or otherwise being invovled in an event causing negligent injurt to another. The plaintiff must also have a close personal relationship to the directly injured person. In 1993, Donna and Joseph Gracey rendered services from Dr...
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...A. Give 2 specific examples/ scenarios of each of the following intentional torts: 1. Invasion of Privacy a. Most retail places, they ask their customers at the checkout station for their phone number, email address, or home address. It said to be that there are third party organization who willing to pay for these information and start sending to these customers their product advertisements, or unnecessary information loads that the customers do not have control over. b. Every tax season, the IRS has been dealing with identity theft in their customers. In 2013, after filing my tax return, I found out that someone already filed tax under my name. I asked the IRS that how is this possible for someone to get my social security number,...
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...Introduction to Torts Victor M. Salas-Pellot PA165-01 – Unit 3 Professor Laurence Mraz Kaplan University February 19, 2013 FACTS: Leroy McPhillen was a regular patron of The Bottom’s Up Pub, an intoxicated man named John, began shouting obscenities at a woman seated at a table near Mr. McPhillen. As the woman ignored the man’s ranting, the man approached the woman in a threatening manner. Before the man reached the woman, Mr. McPhillen invited the man to join him at his table. The man refused and grabbed the woman’s wrist. Mr. McPhillen then carefully twisted the man’s arm behind his back and restrained him with a neck hold. Mr. McPhillen refused the man’s request to release him, and firmly seated the man and threatened to punch him if he moved. The woman then informed Mr. McPhillen that the man was her husband. ISSUE: The questions presented are which intentional torts were committed, and what defenses are available to the tortfeasors? Both John and Leroy are guilty of committing intentional torts. Both parties have debatable defenses. Though the fact remains that more information is needed regarding the events that occurred prior to the assault and battery to the woman, and the time of how long the intoxicated man was confined. Before determining...
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...carefully twisted the man’s arm behind his back and restrained him with a neck hold. Mr. McPhillen refused the man’s request to release him, and firmly seated the man and threatened to punch him if he moved. The woman then informed Mr. McPhillen that the man was her husband. Issue / Questions presented: The questions presented are (1) which intentional torts were committed, and (2) what defenses are available to the tortfeasors? Short Answer: In this case, both the intoxicated man and Mr. McPhillen are in fact guilty of committing intentional torts. Both parties do have arguable defenses available. However, more information is needed regarding (1) events occurring prior to the Assault and Battery on the woman, and (2) the duration of the intoxicated man’s confinement. In order to determine which applicable statutes apply, and each party’s available defenses, we must first define each intentional tort committed. PA165-01 (Unit 3) 2 Intentional Torts Committed: 1A. The first intentional tort was the intoxicated man’s shouting obscenities at the woman, approaching her in a threatening manner, and finally grabbing her wrist. Regardless of her relationship to him, his actions are considered an Assault and Battery. All elements necessary to constitute this offense are present, as...
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...Tort Law p2 * The difference between contract law and trot law is that: （这个可以不用写下来） At the core of contracts, we have agreed with specific others to do or not to do things. With Tort law, it’s much broader than that. In the agreements that we make, are not necessarily so specific and identifiable. They are much more general. * Contract law is the law that enforces agreements that I reach with individual people. There are parties to a contract. 例：I agree not to build on my property. I agree to sell you my automobile. I agree to tutor your child. Whatever your agreement might be, I agree to cater your daughter’s wedding. ---That’s contract law. It’s specific between identified parties. * A contract is an agreement between two or more individual identified parties. * Tort law is where in essence I enter into an obligation, a contract if you will with society. 例： I will act with reasonable care. I will not pollute the water of your town. I will not spread false information about you as harmful and wrong and damage your reputation. I will drive my car in a reasonable manner. If I am preparing a meal, I will take all the reasonable steps necessary to make sure that the meal is prepared in accordance with all health and safe regulations. If I operate a store, I will use all reasonable means that I have available at my disposal to make sure that the aisle ways are safe. * A tort is a “Civil Wrong”. --- That’s how we define a tort. * As...
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...Bank of America Name Professor’s Name Institution Date How administrative agencies like the Securities and Exchange Commission (SEC) or the Commodities Futures Trading Commission (CFTC) take action in order to be effective in preventing high-risk gambles in securities / banking, a foundation of the economy. Securities and Exchange Commission ha s the role of looking after United States investors against possible loss of profits. This is by keeping a reasonable and organized practice that promotes resources markets. The commission necessitates businesses to reveal important information regarding securities that they put up for sale in order for investors to make well-versed decisions. Securities and Exchange Commission forbids purchases of stock without enough finances to pay for them. The commission controls registration and supervision of the securities markets and agents. The commission makes up rules and regulations for solicitation of alternatives. It also provides advice to courts in economic failure matters (Chatain, 2009). Proper management is the only way that can assist in avoiding threats and gambling matters. All organizations need to posses tools that will help in assessment of threats posed because of activities that take place in that organization. In order for an organization to become successful, activities about information on security issues need to be clear. Securities and Exchange Commission has the role of enforcing major economic...
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...deserving of the reward expected. Tort law can be misused and in most cases it is. At times that tort law includes the protective barrier over criminals, and in many cases it is used as exactly that. This paper examines the lives of varied individual in four different cases in which tort law is used, and quite possibly abused. The Scenario Paper In any courtroom across the country, and more than likely, across the globe, a person can find the use of tort. Over the years, the governing bodies in tort law have transformed it from its common law origins. Tort, as with any law, is forever changing and evolving by the use of lawyers and judges, alike. Despite certain efforts for the reform of tort, it is still difficult to overlook the use of modern torts and fail to see the convoluted system of rules and laws covering the main purpose of tort law. According to the Cornell University Law School website (2010, para. 4), “torts fall into three general categories: intentional torts (e.g., intentionally hitting a person); negligent torts (e.g., causing an accident by failing to obey traffic rules); and strict liability torts (e.g., liability for making and selling defective products).” This paper will examine a few of these types of torts and their possible outcomes. Scenario One In scenario one, there are several intentional and unintentional tort actions that are displayed. The torts that clearly stand out are battery and intentional infliction of emotional distress...
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...Torts are civil wrongs recognized by law as grounds for a lawsuit. These wrongs result in an injury or harm constituting the basis for a claim by the injured party. While some torts are also crimes punishable with imprisonment, the primary aim of tort law is to provide relief for the damages incurred and deter others from committing the same harms. The injured person may sue for an injunction to prevent the continuation of the tortious conduct or for monetary damages.(See Damages) Among the types of damages the injured party may recover are: loss of earnings capacity, pain and suffering, and reasonable medical expenses. They include both present and future expected losses. There are numerous specific torts including trespass, assault, battery, negligence, products liability, and intentional infliction of emotional distress. Torts fall into three general categories: intentional torts (e.g., intentionally hitting a person); negligent torts (e.g., causing an accident by failing to obey traffic rules); and strict liability torts(e.g., liability for making and selling defective products - See Products Liability). Intentional torts are those wrongs which the defendant knew or should have known would occur through their actions or inactions. Negligent torts occur when the defendant's actions were unreasonably unsafe. Strict liability wrongs do not depend on the degree of carefulness by the defendant, but are established when a particular action causes damage. There are also...
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...Synopsis of Tort Cases In this paper, you will find synopsizes of four tort cases. Each scenario will include the type of tort actions in the case, potential plaintiffs and defendants, elements of the tort claim that constitute the plaintiff’s claim as well as any defenses that the defendant may assert. Additionally, you will find the writer opinion as to how they believe the claim will be resolved along with the legal reasons for their belief. Scenario One The torts actions, elements, potential plaintiffs, defendants, and claim resolution arise from a series of actions that took place at a football game. Daniel and his son Ruben, age 8, go to a football game. The quarterback drops back to throw a pass, and is hit by an opposing player, breaking the quarterback’s arm, and sending the ball into the stands, injuring a fan. Malik jumps up to yell at the referee, spilling his cold beer on Ruben. Daniel is upset to see Ruben’s enjoyment spoiled this way, and shoves Malik. As Malik falls, he grabs onto the railing, which gives way under his weight. Malik’s face hits the aisle steps, knocking out two of his front teeth. On their way out, Daniel stops at the concession stand to buy two diet soft drinks. A lady standing in line at the concession stand smells the beer on Ruben, and she starts yelling at Daniel, accusing him of giving beer to a child. She makes a huge scene, and several customers cast disgusted glances toward Daniel. One of them is Daniel’s boss...
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...CHAPTER 16---THE LEGAL AND REGULATORY ENVIRONMENT OF BUSINESS………….50 things! 16.1 LAW AND THE LEGAL SYSTEM 1. How does law differ from the legal system? * The legal system evolves to respond to changes in social norms and commercial activities. . Legal system is remarkably fair. The legal system establishes the rules of the game, adopting and enforcing them in a reasonably predictable manner. One U.S. law that creates unique challenges for American firms operating overseas is the Foreign Corrupt. Practices Act, which prohibits the distribution of bribes and other favors in the conduct of business. 2. Should laws be flexible? * Rules and Regulations provide a framework to any system. I believe that Laws should never be bounded by situations they should be equal for everyone under any circumstances. Flexibility would only make the system vulnerable. 3. Are our laws fair? * There are, of course, abuses and mistakes by judges and juries, and procedural mishaps occasionally tip the scales of justice in the wrong direction. Sometimes—as in George McGovern’s case—innocent parties are forced to bear the cost of defending themselves in court. On the whole, however, the U.S. legal system is remarkably fair. 4. Do people consider laws fair? * I think most of the people consider that a United States law is not fair. 5. In the United States legal decisions are based on the rule of law. What is the rule of law? * Predictability and Fairness. How do we...
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...Tort Reform All humans on this earth, whether they live in a crowded city, a sparsely populated farming community, a developed or developing nation or a small tribe in the rainforests of the Amazon, have some way by which their civilization is led and regulated for the safety and comfort of its inhabitants. People living together in near proximity need some sort of social control to regulate conduct and relations be it by laws or morals or both. Ivan Nuy, an author who developed the Social Control Theory in 1958, proposed that there are four types of social control: Internal, Indirect, Control with Needs Satisfaction and Direct. Social Control Theory proposes that people's relationships, commitments, values, norms, and moral beliefs encourage them not to break the law. Thus, if moral codes are internalized and individuals are tied into, (their) community, they will voluntarily limit their propensity to commit deviant acts. [ (Nuy, 1958) ] Law is needed for when comfort, morals and disapproval fail to prevent undesirable acts against people in a society. In our country’s system, we have two main types of classifications for justice, civil law and criminal law. Criminal law, under public law, covers laws and regulations that aim to protect all members of the society. Its emphasis is on punishment. Criminal offenders are prosecuted by government officials, who must provide “the burden of proof” to prove the guilt of the defendant beyond a reasonable, doubt, usually a district...
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...JPMORGAN CHASE RADEGUNDA MOSHA BUSINESS LAW 1 PROF. AALIYAH MOHAMAD AUGUST 25, 2013. REFERENCE Constance E. Bagley. Seventh Edition. www.stimmel-laws.com/articles/torts.html www.cftc.gov Administrative agencies are agencies created by the legislative branch of government to administer laws pertaining to specific areas such as taxes, transportation and labor. The Securities Exchange Commission and the Commodities Future Trading Commission are independent agencies that are legally charged with regulating and providing guidelines for the trading and exchange of the goods, services within their respective jurisdictions. The security act of 1934 has fully empowered the Security exchange commission the power to discipline individuals and entities that are regulated in breach of industry rules and regulation. The Commodities Future Trading Commission on the other hand was created in 1974 to protect individuals, the public and industry players from manipulating, fraud and potentially abusive practices. The mission of Securities and Exchange Commissions is to protect investors, maintain fair, orderly and efficient markets and facilitate capital formation. Requiring public companies to disclose meaningful financial information to the public is an effective approach of the Security Exchange Commission takes in order to assure the security of...
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...Synopsis of Tort Cases Team C will analyze the synopsis of four scenarios. The team will identify tort actions, potential plaintiffs, potential defendants, and which elements of the tort claim constitutes the plaintiffs claim. Team C will also identify any defenses the defendant may use in each scenario. Each synopsis is evaluated on how the claim will be resolved with team C stating legal reasons for the resolution. Football Game Scenario A potential lawsuit is torts of past and future medical expenses, pain and suffering, and mental distress from the plaintiff quarterback whose arm was broken. The defendant in this case is the opposing player. The defense here will be there was no breach of duty or evidence of intentional assault. This case may be dismissed because football contracts will state the possibility of various injuries for football players. Malik a plaintiff against the stadium was injured when the railing could not support his weight. Daniel is a potential defendant for pushing Malik resulting in assault and battery. The defense in this situation is the random act of getting pushed made the railing support more wait than it normally bears. This case could result in damages paid to Malik by the stadium and by Daniel. Ruben, a minor, had beer unintentionally poured on him is a plaintiff against Malik for mental distress. Ruben may also seek damages for future medical expenses, pain and suffering, and mental distress against the concession...
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