Premium Essay

Law Homework

In:

Submitted By fvariath
Words 394
Pages 2
1. Explain each of the elements that are necessary to prove a case of "negligence".
There are four elements that are necessary to prove a case of “negligence”. The first is to establish a legal duty of care. The plaintiff must prove that the defendant owed them a legal duty of care. The second element is to prove that the legal duty of care was breached. After providing evidence of how the defendant owed the plaintiff a legal duty of care they must then prove how that duty of care was breached by the defendant. The third element is causation. At this juncture the plaintiff must prove that the defendant either directly or indirectly caused the injuries and damages suffered by the plaintiff because of the breach of duty of care. The fourth and final element is proof of damages. At this point the plaintiff must prove that he or she has suffered damages as a result of the breach of duty of care. The damages can cover medical expenses, lost income, as well as pain and suffering. 2. Explain the difference between the defense of contributory and comparative negligence and how applied.
Contributory negligence is a defense claim that applies to cases wherein the plaintiff, through his own negligence, contributed to the harm he suffered and for which he is seeking damages. Comparative negligence differs in that it is a partial legal defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim.
3. Explain the elements of a defamation case and why you think someone might be reluctant to bring one?
The elements of a defamation case are when a false and defamatory statement has been made about a person. The unprivileged publication of the statement is sent to a third party. The defamatory matter is of public concern. And damage is done to the plaintiff. 4. What are punitive damages and when are they applicable?
Punitive damages are

Similar Documents

Premium Essay

Tort Law Homework

...NEGLIGENCE Tort Law is a field that encompasses material of considerable breadth and diversity and whose existence, as a reflected in individual actions seeking civil redress for injuries nor arising out of contractual relations can be traced can be traced back to primitive societies. (White, 2003 p.23) A ‘tort’ is a Norman word for a ‘wrong’ but ‘torts’ have typically been distinguished from crimes and from ‘wrongs’ identified with contractual relations. Tort Law is concerned with civil wrongs not arising from contracts. We can see the shifting character of Tort Law in nineteenth and twentieth century America as deriving from the shifting ideas of legal scholars and judges particularly ideas about the civil responsibilities of a person to his or her neighbors in society and about the manner in which society should respond to injuries and injured people. An independent identity for Torts late in the nineteenth century is the affection of tort doctrines, especially negligence, to the problems produced by industrialization. Industrialization has played a part in creating the climate of intellectual legal opinion and it affected torts as an independent category of law. Some certain lawyer-intellectuals in the development of legal doctrine in America, who were academicians after 1870, significantly affected the content of tort rules and doctrines and also affected the changing state of tort law in America. There are many categories of Torts. It...

Words: 1851 - Pages: 8

Premium Essay

Law/421 Version 1/ Homework-Aid

...LAW/421 Version 1 Contemporary Business Law Click Here To Download Week One: Introduction to Law Participation Participate in class discussions and respond to weekly discussion questions. DQs due days 2, 4 and 5 7 Individual Role and Functions of Law Paper Resource: Case Brief Cipollone v. Liggett Group, Inc., et al. in Ch. 2, section 2-6, “Commerce Powers,” of the text Write a 700- to 1,050-word paper in which you define the functions and role of law in business and society. The Cipollone case merely illustrates some of the functions and roles of law in business; your paper should not be a discussion of that case. You can cite to that case only as needed to exemplify some point you are making. Discuss the functions and role of law in your past or present job or industry. What is the most important Constitutional provision to business law? Properly cite at least two references from two different sources. Format your paper consistent with APA guidelines. Day 7 11 Individual Bio Post your bio in the body of a message in the chat room. Week Two: Torts Participation Participate in class discussion and respond to weekly discussion questions. DQs due days 2, 4 and 5 7 Individual Addressing International Legal and Ethical Issues Simulation Summary Complete the Addressing International Legal and Ethical Issues simulation located on the student website. Write a 350-word summary. In your paper, answer the following...

Words: 761 - Pages: 4

Premium Essay

Laws 310 Week 1 Homework

...process where a civil court, after the initial restraint, and after all the interested parties have had a chance to make their case, orders that ownership of the property changes. The new owner could be a victim, a group of victims, or the provincial government (who will pay the revenue to victims programs). This action is not part of the criminal process and is independent of that. It is not another form of criminal punishment. Page 13 Questions 1. Law is the system of rules that regulates the actions of people and may enforce by imposition of penalties. 2. The Civil Law legal system originated in Europe which is based on the Roman Law. Civil law is a group of legal ideas and systems ultimately derived from the Code of Justinian. 3. England is the origin of the common law that exists in the U.S..  The English common law originated in the early middle ages in the King’s Court (Curia Regis) and eventually led to the formulation of various viable principles through which it continues to operate.  The common law has its roots in the U.S continent with the first...

Words: 556 - Pages: 3

Premium Essay

Gm597 Business Law Week 4 Homework

...Homework week 4 Question 47.1 In this case Buder v. Sartore, for 12 years, Theodore Alexander Buder’s father made substantial gifts to his minor grandchildren. During the period Buder and Sartore were going through divorce. Money was given to Buder to safeguard for his kids with the understanding that he would safeguard the money and invest it on behalf of the children. Buder invested money in “blue chip” stock and penny stock on his name as custodian for the children, as required by the Uniform Gifts to Minors Act (UGMA).This stocks suffered a major loss except one Buder’s ex-wife, Sartore, sued him, alleging that he had breached his fiduciary duty owed to the children under the UGMA. She sought to recover the funds lost by Buder’s investment of the children’s funds in penny stocks. Sartore wins the case on behalf of her children; Buder must make up for the losses suffered by the children’s accounts because of his investment of their funds in penny stocks. The court held that a custodian of children’s funds subject to the Uniform Gift to Minors Act (UGMA) owes a duty of care when investing the minor’s money. According to the Business Law textbook by Cheeseman, these laws establish procedures for adults to make irrevocable gifts of money and securities to minors. Gifts of money can be made by depositing the money in an account in a financial institution, with the donor or another trustee (e.g., another adult or bank) as custodian for the minor. Gifts of securities can be...

Words: 1321 - Pages: 6

Premium Essay

Business Law Homework

...16-1 Ethics Questions I don’t think Brandt have a reasonable case against the health center. What he want to do is trying to sue everyone possible and see if there’s any chance he might get more compensation. Health center cannot recover its layers’ fees in this case as also the court decision call out that the case is provision of services and not the sale of goods but the sling was still sold to Brandt by health center. Ethically, health center should recover Brandt’s complications and not asking to recover its lawyers’ fees in this case as health center already win the case 17-1 Ethics Questions In this case, Malmberg act unethically. Lindholm authorized Malmberg the possession of Red Elvis to loan this art to the museum, however, Malmberg sold this art instead of loan it. He breach the agreement, violate the professional ethics as well as involved in fraud criminal. Lindholm do have some responsibility for her loss, she trust Malmberg too much based on their 30 year collaboration, so that she directly give Malmberg the permission to obtain possession of the art instead of adding more detailed rules to protect herself within the agreement. P315 Ethics I do think the concept of good faith promoter ethical behavior. Good faith requires the contract parties to be more apt to perform properly, which can more or less help in ethical behavior as there’s a standard comes out. I think the vagueness of the terms can help in determining the legality as not every case...

Words: 365 - Pages: 2

Premium Essay

Health Informatics News

...The low understanding level accompanied by discouraging achievements of the students has become cause of great concern of our country and has bothered badly the educationists, parents and government. The educationists have made a number of systematic efforts to find out the causes of deterioration and suggested remedies thereof. Almost all the commissions and education policies The quality of a nation depends on the quality of its citizens. Also qualities of citizens depend on the quality of the education they achieved and quality of the education besides other factors depends upon study habits and attitude of students. The quality of education is reflected academic achievement which is a function of study habits and attitudes of students. Thus, to enhance the quality of education, it is necessary to improve the study habits and study attitudes of students. To improve study habits, those factors which hinder its effectiveness must be addressed. Identification of these factors may lead towards remedial measures. No two people study the same way, and there is little doubt that what works for one person may not work for another. However, there are some general techniques that seem to produce good results. No one would argue that every subject that you have to take is going to be so interesting that studying it is not work but pleasure. We can only wish. Everyone is different, and for some students, studying and being motivated to learn comes naturally. If you are reading this...

Words: 2371 - Pages: 10

Free Essay

Apology Admission of Ignorance

..."Either I do not corrupt the young or, if I do, it is unwillingly," (Socrates)4) "You are wrong, sir, if you think that a man who is any good at all should take into account the risk of life or death; he should look to this only in his actions, whether what he does is right or wrong, whether he is acting like a good or a bad man." (Socrates)5) "To fear death, gentlemen, is no other than to think oneself wise when one is not, to think one knows what one does not know." (Socrates)6) "I will not yield to any man contrary to what is right, for fear of death, even if I should die at once for not yielding." (Socrates)7) "It is not the purpose of a juryman's office to give justice as a favor to whoever seems good to him, but to judge according to law, and this he has sworn to do." (Socrates)8) "Since I am convinced that I wrong no one, I am not likely to wrong myself," (Socrates)9) "Neither I nor any other man should, on trial or in way, contrive to avoid death at any cost." (Socrates)10) "Let us...

Words: 1604 - Pages: 7

Premium Essay

Abseenteism

...Using Student Self-Reflections to Improve Student Study Habits in the Mathematics Classroom A Capstone Project Submitted in Partial Fulfillment of the Requirements for the Degree of Master of Arts in Teaching: Mathematics Nancy Daly Department of Mathematics and Computer Science College of Arts and Sciences Graduate School Minot State University Minot, North Dakota Summer 2011 ii This capstone project was submitted by Nancy Daly Graduate Committee: Dr. Laurie Geller, Chairperson Dr. Cheryl Nilsen Dr. Rebecca Anhorn Dean of Graduate School Dr. Linda Cresap Date of defense: Month day, year iii Abstract Type the abstract here. Do not indent. It should be one block paragraph. The abstract is a summary of your paper. iv Acknowledgements Type your acknowledgements here. Indent each paragraph 0.5 inch. You can thank whomever you choose. v Table of Contents Page Abstract .................................................................................................................. iii Acknowledgements ................................................................................................ iv List of Tables ....................................................................................................... viii List of Figures ........................................................................................................ ix Chapter One: Introduction ................................................................

Words: 7903 - Pages: 32

Free Essay

Accounting

...Poly Pomona Catalog. Course Objectives: This course is aimed primarily towards those who will be providers of financial information for external use—those who will be primarily responsible for observing, selecting, measuring, and reporting financial information for external decision making. The main objective is to develop skills of APPLICATION AND ANALYSIS, i.e., to demonstrate the use of appropriate concepts, standards, and techniques after having considered the needs of financial statement users and how the behavior of the users may be influenced by financial accounting information. Achieving this objective requires that the student synthesize his/her basic knowledge and understanding of economics, general business, contemporary laws and regulations, and “generally accepted accounting principles”. "Generally accepted accounting principles" include various professional publications, i.e., Accounting Principles Board Opinions and Interpretations, Financial Accounting...

Words: 1881 - Pages: 8

Premium Essay

Case

...implications of management accounting information 5. Work in groups. Objectives 1, 2 and 3 will be assessed through successful completion of homework and two exams. Objectives 4 and 5 will be assessed through an evaluation of class participation. Class Policies: The class policies on attendance, grades, and withdrawals will follow the rules and regulations set forth in the current UTA graduate catalog. Students are expected to behave in a professional manner. The instructor reserves the right to dismiss anyone from the class who is violating the right of the other students to receive the full benefit of the class instruction. Attendance and participation in class discussions of the material are important aspects of the course. You must participate in classroom discussions to receive credit for class participation. A sign-in sheet will be passed around during each class period. This is the only record of attendance, and failure to sign in will result in being marked absent for the class period. More than three unexcused absences will result in zero credit for class participation. The instructor reserves the right to reseat students before or during exams. Homework Policy: Homework is assigned on the attached homework assignment sheet. The dates are...

Words: 2895 - Pages: 12

Premium Essay

Future to Past

...Back to the Classroom Parents who went to school in the past were taught differently than the way we are taught today. Many were impecunious in the past; the students were pushed harder, helping them gain scholarships for college. There weren’t many distractions technologically speaking. History has been evolving; curriculum wasn’t as simple as it is now as it was back then. Teachers taught students with discipline and respect. Students in the past weren’t wealthy which caused them to work and be pushed even harder. For example, my mother had a rough childhood, because my grandparents weren’t wealthy at the time. She had to work really hard to keep her grades up. Students were expected by their parents to do well in school; gain scholarships and hopefully attend college. Students didn’t have the proper supplies to complete their course work such as pens and pencils. In the 1900s; students were not very motivated, the only motivation received was from pushing themselves to do better. Quandom students were way more disciplined then the minds of today. Whenever they caused problems they got whacked across the face for misbehaving. If they were to utter words during a lesson or during a time of silence they also got disciplined. When spoken to many students answered “yes and no mam”. When looking at how money and discipline worked in the past and comparing them to now and days we can obviously see a huge difference. Now in the 21st Century we as a generation don’t...

Words: 1109 - Pages: 5

Premium Essay

Master Syllabus - Devr 0320 Hybrid– Spring 2012

...MASTER SYLLABUS - DEVR 0320 Hybrid– Spring 2012 DEVR 0320: College Reading Strategies Instructor: Andrea Clark Course Name and Number: College Reading Strategies--DEVR 0320 Section: 053 Synonym: 45460 Monday 9:00am- 10:20am CYP 2221 Section: 054 Synonym: 45463 Wednesday 9:00am- 10:20am CYP 2221 Please note that I teach two sections of the DEVR 0320 hybrid. If you are unable to attend your regular class, you are welcome to attend the other section during the same week. (If you miss a Wednesday class, you must attend class on the previous Monday because we will be covering different material on Monday of the next week.) How to Reach the Instructor Email: andreac@austincc.edu Please send all emails to me from your ACCmail account. Office Location and Number: CYP 1103.11 (Near the student lounge in the one-story building) Phone: 512-223-2018 Posted Office Hours: Monday: 12:00 noon – 3:30 p.m. Wednesday: 12:00 noon – 2:20 p.m. Appointments: Appointments may be scheduled to accommodate students who are unable to meet with the instructor during posted office hours. Required Text Textcerpts, 2nd edition, compiled by Gene Wintner This text will be supplemented with required online learning activities and handouts the instructor distributes in class. Course Description: DEVR 0320 College Reading Strategies Emphasis on increased proficiency of comprehension skills, vocabulary development, and...

Words: 4292 - Pages: 18

Free Essay

Short Story

...Lindsay Smith ENCV – 0027-01C Topic 1 22, April 2015 881 Words Challenges Encountered on My First Semester Back at College When I first decided to return to college for spring semester, I didn’t realize how difficult it would be. The last time I stepped foot on this campus was eight years ago and I didn’t have any responsibilities. I wasn’t a mom or a wife back then. I was 18 years old and full of ambition and the desire to make something of myself. But things changed once I met with my now ex-boyfriend Michael; he had money and owned an online marketing company. It was exciting to learn new things and Michael helped me create my own online marketing company. That seemed like an amazing feat at the age of 19. I didn’t have a care in the world or any desire to go back to college after seeing the amount of money I was making. Unfortunately, being young and not smart with my money, I blew it all on stupid stuff and lived in the moment I didn’t save any money or even think about my future. After three years of having my own online marketing company and working with Michael, we decided to merge our companies into a larger company, but that was a mistake. Michael had plenty of money but he turned to drugs and started to become violent towards me. Before I knew it, I had been with him for five years, through the good and the bad. Unfortunately, it became apparent that he wasn’t going to change when he became so physically and mentally abusive I had to leave...

Words: 894 - Pages: 4

Premium Essay

Perceptual Blocks

...wrong. Ex. Not trying out for a sport team because you’re afraid of not making the team. Lack of appetite for chaos- problem solvers must learn to live with confusion. The best solution may seem contradictory. Ex. When solving math problems using equations, you just have to accept it. Judging rather than generating ideas- problems can stem from approaching problem with negative attitudes. Ex. When trying to learn how to do geometry you have a hard time because you keep telling yourself “it’s too hard” and “I can’t do it”. Lack of challenge- sometimes problem solvers don’t want to get started because they perceive the problem as being too trivial and easily solved. Ex. Someone who thinks they know everything may not start on homework until last minute because they think it’s so easy they’ll get it done in no time. Inability to incubate- rushing to solve a problem just to get it off your mind can create blocks. Ex. You might have a big paper do and you’re having a hard time getting it done so you just jump into it and end up stuck...

Words: 721 - Pages: 3

Premium Essay

Nutrition

...My personal responsibility essay Corey Leverette GEN-200 september. 30, 2012 Personal responsibility essay Even though I have been responsible in the past, how to be a more responsible person because I haven't been responsible in the past and I need to do better about being responsible. As a student I am responsible for my own educational future. I always fail to do certain things like staying positive. Staying positive and keeping a positive attitude is essential in order to everyone to accomplish their goals . All students will have to have a positive attitude when it comes down to constructive criticism. For example (he or she is not pulling their weight in the group).Some people live up to what goals and expectations they set and others choose to go another path. However not everyone is perfect. The driver of this degree plan is me I am the person behind the wheel that is accountable for making mistakes. The first way to achieve my academic success is to maintain my attendance. Attendance is something that a student must take seriously to be academically successful. There are ways that as a student I can be successful in maintaining a good attendance. First step is to take the time out to review the schools attendance policies and guidelines; this can help remind me of my responsibility. According to Green’s article “Every teacher is looking for students who are serious about the subject at hand, who work hard in the classroom and who show progress...

Words: 1263 - Pages: 6