...Do Your Passengers in The Backseat Use Seatbelts? Seatbelts save lives! Even though there have been numerous studies showing that wearing a seatbelt reduces the risk of serious injury and death in a car accident, many people still do not wear their seatbelts. According to Chris Caruso from Automotive Safety Counseling, the United States has the lowest rate of seatbelt use in the developed world. From 1975 through 2014, wearing seatbelts saved 330,507 lives; however, if every person had been wearing a seatbelt, another 378,983 lives would have been saved. One contributing factor to the number of lives lost is the fact that many passengers in the back seat do not wear seatbelts. Approximately 22 percent of passengers riding in the back seat do not buckle up. Fifty-five percent of the backseat passengers who died in motor vehicle accidents in 2013 were not wearing their seatbelts. The US DOT estimates that people who do not wear seatbelts are 30 times more likely to be ejected from the vehicle in a collision....
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...are of direct concern to the society.” The criminal law exist to punish a person that who have committed criminal offenses. In order to punish criminals and deter crime and others they remain stable state and society. "In public law, mandatory rules prevail. Laws concerning relationships between individuals belong to private law. ” (Elizabeth A. Martin ,2003) Civil law is private law. “In England and Wales, civil law means non-criminal law. The law relating to civil wrongs and quasi-contracts is part of the civil law. “Civil law deals with the disputes between a person, organizations, or between the two, in which compensation is awarded to the victim. The main purpose of the civil law is to compensate individuals who have suffered loss or injury by the wrongful actions of other person. Civil law is different from criminal law, because it emphasises more upon punishment than on dispute resolution. (Glanville Williams,1982) The essence of the distinction of criminal and civil law is different aims. "The difference between civil law and criminal law turns on the difference between two different objects which law seeks to pursue - redress or punishment. The object of civil law is the redress of wrongs by compelling compensation or restitution: the wrongdoer is not punished; he only suffers so much harm as is necessary to make good the wrong he has done. The...
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...you have a personal injury claim, in which case you might be able to hire a lawyer on a contingency-fee basis, you cannot afford the thirty to forty thousand dollars that it could easily cost in legal fees to take your case to court. Once the middle class finally figure out that it has lost almost all access to our justice system, is will stop supporting that justice system and our government. How do we make legal services, and the right to a court trial affordable for the middle class, and restore the middle class’s access to our legal system, before it is too late to save entire system? Most Americans would say trials are essential for American society because it has a functional role in keeping the society stable, and if the trial system were to collapse, the society would be full of crime. However, there is a question whether a trial is really for every citizen or just for the rich in America. I’ll show first how expensive to sue someone or a company, and then, suggest that the American government should make the cost to sue much lower, and, at the same time, the American law system should quit the pay-per-success model. The process of taking a case through the civil court system costs us a lot. The breakdown of the costs is below according to AllLaw.com. First, you have to pay legal fees that come along with taking a case to court and fighting it out: the cost of attorneys. The second cost is expert witness fees. Experts don’t come cheap, and some injury cases can involve...
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...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 attorney or attorney general, and can be punished with fines, imprisonment or even death. Civil law, under private law, covers the rights and duties of individuals among themselves. [ (Roberts, 1998) ] Civil law deals with disputes between individuals or organizations where compensation for the injury or wrongdoing may be awarded to the victim. The purpose of civil law is to...
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...Brian Ardizzoni Michael Neil English 1301, Composition 1 25 November 2012 Medical Malpractice For nearly forty years, tort reform constantly becomes an increasingly controversial issue affecting the medical community, the legal community and most of all, the victims of some very unfortunate accidents. Tort reform refers to laws passed on a state-by-state basis which place limits or caps on the type or amount of damages awarded in personal injury lawsuits. Those who advocate medical malpractice tort reform believe limitations should be set on the amount of damages a plaintiff or injured party can be rewarded by the court. These advocates usually include medical professionals and insurance companies. Their argument is that too many frivolous lawsuits lead to high malpractice insurance, the increasing cost of medical care and a burden on the taxpayers whose tax dollars absorb the extravagant litigation costs for these claims. They believe doctors will eventually be unable to practice medicine due to costly malpractice insurance premiums which may leave many Americans unable to obtain much-needed healthcare. In the past, as the rate of malpractice suits began to grow, so did the rate of malpractice insurance. This ended up having a dire impact on the medical profession. For one thing, many qualified doctors ended up leaving their practices and focusing more on preventative medicine. In other words, they...
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...days at ______ I was eager and determined to fight injustices the law had created. I wanted to serve and protect the wrongfully accused, and those that suffered gross violations of their rights. As ambitious as I was, I knew that being a lawyer would not only be a career for me, but it would also be a passion to help those who could not afford to or know how to help themselves. It dawned on me that every day the law was used and abused against those that did not understand it. These victims would willingly succumb to the process of the system, not realizing ‘due process’ is supposed to be freely given and not earned. Five years later as a practicing attorney I still feel this way and practice accordingly. In the personal injury field one needs to be very aggressive in order to seek the best compensations and the best outcome for the client. It is my obligation to give the best advice to my client before seeking any other legal alternatives. As attorneys we must acknowledge that we represent a ‘person’ who is a victim of some sort of incident. Whether they are the victim or the accused we are hired because they need our legal help. Once the facts have been established and the case has been processed (disclosure/ evidence obtained), mediation can be the best course of action. The reasons mediation are favourable are: 1. Negative consequences from litigation; 2. Time and legal costs of litigation; and 3. Mediation is a...
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...Prior to founding the legal firm of Teddy Meekins & Talbert, PLLC, in Shelby, North Carolina, in 1994, Ralph W. Meekins litigated cases throughout North Carolina as an attorney with Young, Moore, Henderson P.A., in Raleigh, North Carolina. Most of Mr. Meekins' clients are residents of the North Carolina cities of Rutherfordton, Lincolnton or Shelby. He devotes his practice to assisting individuals in cases involving personal injury litigation, including workers' compensation and Social Security Disability matters. The National Board of Trial Advocacy has certified Mr. Meekins in civil trial advocacy, and he is board- certified as a mediator as well. He is admitted to practice before the U.S. District Court for the Western, Middle and Eastern Districts of North Carolina as well as the North Carolina Supreme Court....
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...is an interesting day to him. In addition, Mr.Lewyn works for the insurance company at CNA for the last fourteen years, those who have an accident will be represented by Mr.Lewyn and his fellow attorneys. Being lawyer consists of attending court, representing a client and, of course, lots of paperwork, but to Fred Lewyn everyday's an adventure. Fred Lewyn grew up in a family full of lawyers. His grandfather,uncle and even his father were lawyers, “it ran in the family” says Mr.Lewyn. Mr.Lewyn grew up a shy kid, being a shy kid in high school didn’t really set him on the path to being a lawyer. Although, since he took part in court many times and speaking in front of a judge really made him more comfortable when it came to awkward situations. When he was in high school he liked study and work on political campaigns and he...
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...phone calls and texts. During an inspection, when the driver is informed that their airbag is defaulted they should order a new air bag and during the waiting time frame try to use a different transportation, and if there is no other source of transportation, then be extra careful when driving. Such as no texting, no speeding, no answering calls. 2. What the airbag company should do is get affiliated with well build car mechanics and have them change the airbag for them instead of the company doing it itself. So, when the company is informed about a deflated airbag they should immediately send an airbag to the closest mechanic next to the customer. There the mechanic changes the airbag and his fees will be paid by the company. “The Lawyer Who Became DuPont’s Worst Nightmare” 1. What is PFOA and how did DuPont use it? Is PFOA a danger to the environment? How? If PFOA was/is a danger to the environment, why didn’t DuPont stop using it? PFOA is short for perfluorooctanoic acid. DuPont started purchasing PFOA from 3M for use in the manufacturing of Teflon. 3M invented PFOA just four years earlier; it was used to keep coatings like Teflon from clumping during production. PFOA’s chemical structure made it uncannily resistant to degradation. It also bound to plasma proteins in the blood, traveling through each organ in the body. An internal safety limit for PFOA concentration in drinking water: one part per billion. The same year, DuPont found that water in one local district...
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...will deal with the cases and why, which legal personnel's will be involved with the case and why and also the role that each person will play in the proceedings and their responsibilities. Explain the role of civil law – concerned, deals with what Civil court the lowest court is civil structure county court County court deals with what Who is applicant, defendant The roles and responsibilities What track the case is on which track – fast, multi Alternative methods Case study 1: Sam buys a second hand car from a local garage for £5000. Within a month the brakes fail. He takes the car back to the garage 3 times for a repair but the brakes are still not fixed and the garage shop refuses to refund him. Sam wants his money back. The role of the Civil law helps and deals with disputes between 2 private parties of disputes which can cause harm to others. The lowest court of the Civil Court is the Civil Structure County Court. This case is one of many Civil Courts Cases and is left to the County Court for a solution. This Court will be the right one for dealing with this case as it is a widely used court which deals with civil. It is used for mainly tenant disputes, rent arrears, eviction disputes and consumer disputes such as faulty goods and services. This court deals and specializes with financial jurisdiction therefore because this case is about Sam claiming his £5000 back from the defendant this court is perfect for him and is also a fast track case because this claim...
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...The founder of Tacopina & Seigel in New York, New York, Joseph Tacopina devotes most of his practice to criminal defense, but he also represents clients in business litigation matters and plaintiffs in personal injury suits. As a criminal defense attorney, he represents clients charged with felonies and misdemeanors as well as juvenile offenders. Examples of the types of cases he handles include white collar crimes, racketeering, assault and drug crimes. He also represents clients in matters related to discrimination, driving while intoxicated, securities law, police misconduct, expungements and civil rights. Mr. Tacopina completed his undergraduate studies at Skidmore College in 1988. Three years later, he earned his Juris Doctor from Quinnipiac...
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...power and control over significant other, which is very typical for our men. Any trifle can trigger violence: a wife said, looked or did something wrong Victims of domestic violence can call to hot lines in Moscow crisis center ANN ( Association against violence), where psychologists provide psychological aid and work out personal safety plan for victims. Indeed, most of those who turned to helpline, desperate enough, they can’t find way-out from situation without help. That's when psychologists from the center come to help. First of all, they help women to decide how to behave with their husbands. It is advisable, in case husband will lock down a wife at home - to give the spare keys to the relatives or ask neighbors immediately to call the police, when they will hear noise in the apartment. Personal visit to the local police department is also possible. Unfortunately, this move in Russia is associated with a serious problem, so you need to prepare for a long fight. Quite common husbands give bribes, or sloppiness by the police in performing their duties also possible. Police consider domestic assault to be less serious and more personal. There are cases, when policemen offered a woman to handcuff their husbands-troublemakers without charges in order to beat him up in the department. Or cynically declared: "It is not by chance that he beats you, it seems impossible to live with you!" There are, of course, Articles on spousal battering in the Criminal Code, but it is hard...
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...whenever we turn on the news there is a new high profile case of malpractice lawsuits and individuals are being sued left and right. We live in a lawsuit happy society that only continues to intensify as the economy continues to recover and citizens continue to seek employment. Often the main bulk of the law suits that make the news and that occur in today’s society are medical malpractice suits. One can find themselves hard pressed to watch T.V. without seeing a commercial or advertisement from an attorney offering to sue someone for something. In the realm of medical law suits the possibilities are seemingly endless. Patients are willing to sue anyone over anything including drug manufacturers, doctors, pharmacists, anesthesiologist and so forth. Malpractice insurance has reached an alarming high and physicians continue to fight for a cap to be placed on money awarded to plaintiffs. Physicians fear their jobs and lives may be in jeopardy if something is not done about these outrageous costs while patients worry that their medical care will suffer if such limits are awarded. In the 1990s there was a famous lawsuit that awarded a woman several million dollars in a law suit against McDonalds when she spilled hot coffee on her lap. Many of the details of the case were not given national attention. When reading the details of the court case it is easier to sympathize and even agree with what the woman was awarded. This case, whether justified or not, was the start of a new...
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...1. How do employer priorities affect claim adjudication and management in workers’ compensation systems? The number one priority for all companies is to be successful and that means being profitable. As the global market becomes more competitive, many businesses must cut costs and adopt strategies to ensure that their doors remain open. When an employee injures themselves on the job the potential costs of an injury claim can significantly impact the WCB premiums for a company (Barnetson, 2010). Workers’ Compensation Boards use its experience rating system to adjust an employer’s premiums based on its injury prevention performance compared to the industry average. Performance compared to that average determines if employers are awarded a rebate or presented with a surcharge (Barnetson, 2010). The system is designed to provide an incentive to employers in hopes they will improve safety performance and prevent injuries, but it also can create pressure to minimize claim costs (Barnetson, 2010). Instead of making safety improvements to the operation, employers may attempt to game the system through the adoption of aggressive claim management and adjudication strategies (Barnetson, 2010). These strategies are designed to do three things; get workers back to work as soon as possible; dispute and appeal claims where feasible; and lower premium rates without having to make significant changes to work processes. More and more employers are recognizing that an early return to work...
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...According to the readings done throughout this course, the most popular model for a professional-client relationship is the fiduciary; however, in some instances a paternalistic approach is regarded as the appropriate model. I hope to explain exactly what each type of relationship is as well as the benefits and shortcomings of each relationship type throughout the course of this paper. Next, I will show why the fiduciary is thought to be the best type of relationship model. As well as, how and when the paternalistic approach should be considered. In life, not all things are black and white. When it comes time to deal with situations in a gray area, having knowledge of these two types of professional-client relationships will certainly reveal themselves as being necessary. Each model follows specific guidelines that allow for both the client and the professional to firmly understand what role they play in a professional-client relationship. Starting with the fiduciary, Bayles (1981: p. 68) says it is a relationship, “in which the professional’s superior knowledge is recognized, but the client remains a significant authority in the decision making process.” In this relationship, trust becomes a huge factor. The client, lacking the knowledge of professionals, is less capable of making a good decision on their own. He or she must be willing to trust that the professional has done everything within his or her power and knowledge to present only the best options to the client. This...
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