...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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...Code) = Civil Law System US has the common law (common law will only be found in former British states) Sare Decisis (Case Precedent) Chapter 1 Sources 1. Constitution (s) – 51 (States and Federal) 1.5 -- Treaty 2. Case Law 3. Legislature (s) – 51 4. Administrative – help in regulation (Federal, State, and Local level) Chapter 2 State Top Level – Supreme Court Middle Lever – Court of Appeals Lowest Level – Superior Court The only state where the Supreme Court is the lowest is New York Federal Top Level – Supreme Court Middle Level – Circuit Court Lowest Level – District Court Jurisdiction – the power of a court to hear a case The two bottom courts are trial courts and have original jurisdiction Top two have appellate jurisdiction. State jurisdiction 1. Subject –matter jurisdiction (apply to the CT) + (2-5 apply to the person you are suing) 2. Personal jurisdiction – domicile 3and4 relate to property 3. In Rem – dispute is about the property itself 4. Quasi in Rem – breach of contract (attach the prop to the dispute) 5. Long arm statute – minimum contact rule. Revenue 15% Example: purchased a toy from a biz in Indiana. Child got hurt and wants to sue the person. You can use the 5th rule. The judge will order and accounting and if the rev is equal to or higher than 15% the trail is heard in Cali if lower than the trail is heard in Indiana. Federal 1. Federal question – is a federal law an issue? Is a federal law violate? Federal...
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...Federal Court vs. NC State Court Danielle Paul CJS/220 06/05/13 Reginald Anthony Federal Court vs. NC State Court The NC state court system structure is as follows: the highest court is the Supreme Court, then the Court of Appeals, Superior Court and District Court. The Supreme Court hears mandatory jurisdiction in civil, capital criminal, criminal, administrative agency, juvenile and disciplinary cases, as well as discretionary jurisdiction in civil, criminal, administrative agency, juvenile, advisory opinions for the executive and legislature. The court of Appeals hears mandatory jurisdiction in civil, noncapital criminal, administrative agency, juvenile, disciplinary, original and interlocutory proceeding cases, Superior court hears tort, contract, real property rights, miscellaneous civil cases, exclusive estate, administration agency appeals jurisdiction, felony, misdemeanor and criminal appeals. District Court hears tort, contract, real property rights, small claims, mental health, civil jurisdiction, domestic relations, misdemeanor, DWI/DUI, traffic violations, juvenile jurisdictions and preliminary hearings. The Federal Court system consists of the Supreme Court, being the highest, District Court, and Appellate Courts. The U.S. Supreme Court hears a limited number of cases that usually start in the federal or state courts and are usually concerning questions about the Constitution or federal law. The District Courts are the trail courts of the federal...
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...BUS 393 – Final Review Chapter 2 – TORTS: * Tort: (private wrong = not criminal) an act that causes harm such as physical harm, harm to property or reputation, & gives the right to sue and to seek remedies (damages to compensate for loss) * Intent: it is not the intent to injure or harm but whether you deliberately intended the conduct or act that caused the injury (damages greater if can prove intent – includes punitive damages) * Vicarious Liability: you did not intend the harm but is responsible for someone else who did the harm – intentional or not (ex. Employers) * INTENTIONAL TORTS: * Battery: form of trespass to person – intentional physical interference – actual physical contact * Assault: threat to harm another (immediate & possible to carry out) * Defense: consent or self-defense * False imprisonment: complete restraint (physical or no physical = handcuffs) without authority – wrongdoer must have been caught committing a crime then private citizen can arrest. No false imprisonment where authority to arrest (ex. police) * Trespass: voluntary conduct without authority (ex. On land, someone throws something on land, building structure) * Nuisance: person using their property in a way to interfere with a neighbor’s use of property (ex. Fumes, noise, water) – must be reasonably foreseeable * Defamation: derogatory false statement – must clearly refer to the person suing – must be published (heard or read...
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...Business law assignment Business Law Assignment Common law and stare decisis Common law is all that law that is made by judges. It is initiated by citizens when they file cases in courts. Stare decisis is a term used in the common law to mean that decisions made in court cases should be based on previous decisions. It simply means that the decision should stand. It therefore means that in business, this is a principle that can assure a business person of the ruling of a case that is similar to the previous. Rulings in business cases are hence made predictable. Bailment It is where a person delivers his personals to someone else for safety keeping. Bailor is the one delivering property while the one receiving is the bailee. It involves delivery of goods to somebody else in trust creating a contract either express or implied. The bailee must be willing to possess the property physically but is not entitled to use it. In business transactions, the bailee has both the duty of care and responsibility to re-deliver the property. Statute of frauds This is a requirement that certain contracts like sale of goods that exceeds a certain value, land sale or a guarantee of debt be made in writing and then signed to prevent perjury and fraud. Two sophisticated business corporations may enter into a joint venture say of about 10 years. There are different negotiations that they engage in and one party promises that it will join the negotiations in time. In case the party fails to...
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...Criminal Law vs. Civil Law There are numerous differences between criminal and civil law. Criminal law is defined as a body of rules and statutes that defines conduct prohibited by the government because it threatens and harms public safety and welfare and that establishes punishment to be imposed for the commission of such acts. (The Free Dictionary by Farlex) Civil law is defined as the body of laws of a state or nation dealing with the rights of private citizens. (The Free Dictionary by Farlex) In an attempt to explain the difference, you must first understand criminal law. Criminal laws are substantive and divided into categories of misdemeanors and felonies. The primary difference between misdemeanor and felony is the distinct punishments and issues regarding severity. In general, a misdemeanor is a violation of a meager crime. Misdemeanors typically do not involve violent actions or crimes that cause great harm to a society. Common forms of misdemeanors include: resisting arrest, simple battery, shoplifting, public intoxication, and in some states possession and use of marijuana. In contrast, a felony is a serious crime, such as rape, murder, kidnapping, grand theft auto, or assault with a deadly weapon. Convicted felons will undoubtedly face jail time. The Federal Government states that a felony is any act that carries a minimum one-year prison sentence (Difference Between a Misdemeanor and Felony). In criminal law and with criminal court the prosecution is always...
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...Whoville Vs. The Grinch 1) STATEMENT OF FACTS: The Grinch’s main goal was to sabotage Christmas, as the story begins with the Grinch saying "I must find some way to keep Christmas from coming!”. This was just the start of the Grinch’s conspiracy to trespass and commit burglary on the homes of the people in Whoville. The Grinch committed his act of conspiracy when he spoke of his plan to max, “"I know just what to do!" The Grinch laughed in his throat. "I'll make a quick Santa Claus hat and a coat."” With the intentions of pretending to be Santa as he broke into the Whoville homes. This is when The Grinch’s Burglary began. The Grinch then committed his first act of Larceny by stealing the Christmas stockings, “"These stockings," he grinched, "are the first things to go!"”. It didn’t stop there, the Grinch continued to fill his sack with more and more items from the Whoville homes. The Grinch made this statement about his bag “Packed it up with their presents, their ribbons, their wrappings, their snoof and their fuzzles, their tringlers and trappings!”. 2) ISSUE PRESENTED: Under Criminal Law, is the defendant “The Grinch” guilty of Larceny Conspiracy to Trespass and Burglary? Under Tort Law, can the plaintiff People of Whoville sue for Intentional Infliction of Emotional Distress? 3) ARGUMENTS: Under criminal law a defendant is guilty of conspiracy if an agreement between two or more persons to engage jointly in an unlawful or criminal act, or an act that is innocent...
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...Week 1- Law 122 : Why study law 1. Business decisions have legal consequences which affect profits and losses: * Some decisions impose liability, others create opportunities * Negative: dumping pollutants into environment * Positive: binding contractual party to promise 2. Risk mgmt. tool: Law sets the framework for risk, it gives you tools to manage the risk * Ex. Insurance, exclusion and limitation clauses, incorporation Dimensions of course 1. 2. Risk mgmt. 3. Legal reasoning: rules and analysis 4. Law/ moral dimensions What is law? * A set of principle and rules that courts will enforce * A way of thinking (or reasoning) about these principles and rules better description. Process determines legal reasoning * It is not just the result of a case that matters. The reasons for the result are where law happens. Law is bound up in the reasoning. So it is important to ask “why” and “how” not just “who won”. Law vs. Mortality Law: formally sanctioned, illegal behaviour Morality: informally sanctioned, moral behaviour 1. 2. Immoral but not illegal * Lying to friends 3. Immoral and illegal * murder 4. Moral but illegal Ethical perspective 1.1 pg.6 Can I watch someone drop without incurring legal liability? If I can legally do it,should i? Ethically is it okay? Ethical reasoning: * Focus on why something is ethically right or wrong...
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...duties, and privileges that are consistent with the values and beliefs of a society or its ruling group. 2. Primary sources of the Law include: The U.s. Constitution of the various states. Statues, or laws, passed by Congress and by state legislatures. Regulations created by administrative agencies, such as the Federal Trade Commission and the U.S. Food and Drug Administration. Case law (court decisions) 3. Common Law: the body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to a legislature. Precedent: a court decision that furnished an example or authority for deciding subsequent cases involving identical or similar legal principles or facts. 5. State decisis( two aspects: Decisions made by a higher court are binding on lower courts A court should not overturn its own precedents unless there is a strong reason to do so *Precendents may be dropped because of social or technological changes. *Brown vs. Board of Education: white and blacks did not have equal education opportunities. Separate educational facilities- conclusion 10. preemption: Congress chooses to act exclusively in a concurrent area. 11. federal forms of government: national government and states share sovereign power. *Police powers-fire and building codes, antidiscrimination laws, parking regulations, zoning regulations, licensing requirements 12. Article I, Section 8 of the U.S. Constitution permits Congress...
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...Classification of Law 1. Civil law and Criminal law……………………………………………………….. 2 2. Sources of Law ……………………………………………………………… 3-8 I. Common Law ……………………………………………………… 3-5 II. Common Law and Equity ……………………………………………… 5-7 III. Statute Law ……………………………………………………………… 7-8 Conclusion ……………………………………………………………………………… 8-9 Bibliography …………………………………………………………………………….... 10 Introduction According to the statement on p.25 in Antoine’s book, Commonwealth Caribbean Law and Legal Systems, there is no general agreement as to how legal systems should be classified. Some writers emphasize a socialist legal tradition; others are concerned with technical differences while some also place more importance on the sources or origins of the law and its structure and methods. Source The socialist legal tradition has its historical origin in the Bolshevist Revolution of 1917 initiating the international and economic order known as Socialism or communism. The main legal distinguishing feature between socialist tradition and the common law or Romano- Germanic tradition is ideology. The socialist argue that law cannot be isolated from the social political and economic order within which it operates, making these elements fundamentally important in determining the type of legal system in existence. The Socialist legal tradition therefore embodies its original meaning aimed at achieving a communist state Rose-Marie Belle Antoine Commonwealth Caribbean Law and legal system...
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...Bernsen vs. Innovative Legal Marketing, LLC Final Project BUS 115 YMN1 Addie Stepp Hall Overview Actor Corbin Bernsen has filed a lawsuit against a Virginia Beach Company that has cancelled an agreement the two parties have made. Corbin Bernsen played Arnie Becker in the famous sitcom “L.A. Law”. Because of his acting success within the legal industry he was hired by Innovative Legal Marketing, LLC to perform some promotional work. However, Innovative Legal Marketing cancelled the one million dollar contract after one year due to the promotion only being successful in New York. The contract was supposed to be valid for five years. However, after the contract was cancelled, Innovative Legal Marketing continued to use Bernsen’s image on its website and even aired commercials that featured Bernsen. Even though Innovative Legal Marketing cancelled the contract, they were practicing illegal practices by continuing to use Bernsen’s image without his knowledge, consent and compensating him. Introduction There are many steps to take when it comes to the process of a contract and then having to sue someone if they act illegally within the contract. The first process in this case is determining the judicial process, what court to use. The second is determining if this case is part of the criminal law, or the tort law. The next step is looking into the contract to decide which side acted illegally and what should be awarded to those that were affected by the illegal...
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...Harry Fryman 11/14/2012 BUSINESS LAW I, SECTION 321A Evaluating Punitive Damages America’s society operates in a way in which crimes and torts are inevitable. The means in which society assimilates this nature is through the use of our legal system. It is commonly known that in civil litigation, the purpose punitive of damages is to punish the tortfeasor and to prevent him or her from performing such conduct. Punitive damages are to be paid by the tortfeasor to the victim. Aspects of punitive damages can vary from state to state, such as the amounts in which the tortfeasor owes to the victim. The purpose of punitive damages may be just in nature, it is however susceptible to exploitation and deception through instigation and other means by the victim. The notion of exploitation and deception in society is not just at all, it is in fact the source of corruption. In order to avoid corruption in society, it would be best to remove the source of this corruption, by altering the law in which the victim does not receive punitive damages. According to Victor E Schwartz, “In their origins, punitive damages were a helpful auxiliary to state criminal Law.” The very nature of punitive damages appears to be an incomplete method of judging as it may punish the guilty at hand; it also fails to recycle the damage in a proper manner. The first issue at hand with punitive damages being rewarded to the victim of a certain case is figuring out how much is being rewarded. Drastic...
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...employer. After getting news about the penalty, Murray’s employer dismissed him from the organization and made an effort to prevent Murray from being able to work for any other employer. He later sued the company, and was compensated an award for “damages to his personal and professional reputation and for his mental suffering.” Murray defines his awarded damages as a recovery of his human capital and not part of his adjusted gross income. Murray is now concerned whether the Internal Revenue Service has the power to tax the award. In addition to receiving his award, Murray’s award categorizes as a “whistleblower award” according to Code Sec. 7624 under IRS: 63,060.05, “Informants provide leads upon which the Criminal Investigation Division (CID) may base a criminal investigation. The most common informants are former spouses and fired employees.” (Fed. Cl. 2006). ISSUES: Whether Murray, who was fired by his employer due to retaliation of him reporting illegal chemical dumping, and later was compensated for damages to his personal and professional reputation and for his mental suffering, would need to pay taxes for his compensation? Can Murray avoid reporting his award as Adjusted Gross Income? What portion, if any, can he deduct from his Adjusted Gross Income? These are all issues that arise when Murray was awarded his compensation for damages caused by his employer after being released. ANALYSIS: This case concerns what gross income is, accordingly gross income as...
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...TITLE: FALSE IMPRISONMENT AS A TORT AND ITS REMEDIES BY: HARI PRIYA NALSAR UNIVERSITY OF LAW, SHAMIRPET, R.R. District, HYDERABAD-500 078. HARI PRIYA NALSAR TABLE OF CONTENTS TABLE OF CASES: ............................................................................ 2 Chapter 1: INTRODUCTION.............................................................. 3 1.1 RESEARCH METHODOLOGY ............................................. 3 1.2 RESEARCH PLAN .................................................................. 3 1.3 AIMS AND OBJECTIVES OF THE PROJECT ..................... 4 Chapter 2: PREAMBLE ...................................................................... 5 1.1 WHAT IS FALSE IMPRISONMENT ..................................... 5 1.2 WHO IS LIABLE FOR FALSE IMPRISONMENT ............... 8 Chapter 2: FALSE IMPRISONMENT AS A TORT ........................... 9 Chapter 3: INGREDIENTS OF TORT OF FALSE IMPRISONMENT ............................................................................. 15 Chapter 4: REMEDIES ..................................................................... 17 Chapter 5: CONCLUSION ............................................................... 20 Chapter 6: BIBLIOGRAPHY ........................................................... 22 1 haripriya91@gmail.com HARI PRIYA NALSAR TABLE OF CASES: A. K. Gopalan v. State of Madras .................................................................... 10 Altken vs Badwell (1827) Mood & M 68...
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...logan 2e 00 fmt 2004-1-6 12.38p Page i North Carolina Torts logan 2e 00 fmt 2004-1-6 12.38p Page ii logan 2e 00 fmt 2004-1-6 12.38p Page iii North Carolina Torts second edition David A. Logan Roger Williams University Ralph R. Papitto School of Law Wayne A. Logan William Mitchell College of Law Carolina Academic Press Durham, North Carolina logan 2e 00 fmt 2004-1-6 12.38p Page iv Copyright © 2004 David A. Logan Wayne A. Logan All Rights Reserved ISBN 0-89089-847-2 LCCN 2003115021 Carolina Academic Press 700 Kent Street Durham, North Carolina 27701 Telephone (919) 489-7486 Fax (919) 493-5668 www.cap-press.com Printed in the United States of America logan 2e 00 fmt 2004-1-6 12.38p Page v To our students, who keep us learning. logan 2e 00 fmt 2004-1-6 12.38p Page vi logan 2e 00 fmt 2004-1-6 12.38p Page vii Contents Preface Acknowledgments Part I The Basic Negligence Cause of Action xix xxi 1 3 5 8 15 15 19 22 25 27 27 33 Chapter 1 Duty 1.10 Duty 1.20 Misfeasance and Nonfeasance [1] Special Applications of the Misfeasance Rule [a] Negligent Entrustment of Chattel [b] “Negligent Entrustment” and Alcohol [c] Spoliation of Evidence Chapter 2 Duty Despite Nonfeasance: The Special Relationship Exceptions 2.10 Duty Despite Nonfeasance 2.20 Duty Because of a Special Relationship between the Plaintiff and the Defendant 2.30 Duty to Control Another for the Benefit...
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