...feature that tort occupies in private international law is that if the tortious act has been committed entirely locally, then lex loci delicti governs it, irrespective of the fact that whether it has or has not some foreign element, such as, both or one of the parties is domiciled or resident abroad or national of another country. The foreign law is applicable only in some very exceptional situations. Torts in Common Law countries mean civil wrongs to a person, to property, or to a person’s reputation. Common examples are negligent acts causing injury or deaths, conversion, trespass to property and defamation. 1.2 Research Methodology: In making this project report the doctrinal method of research has been used. 1.3 Focus area: This project report focuses on the tort under private international law. 1.4 Scope of the study: In this project report the meaning of tort and law applicable to tort under private international law has been explained. CHAPTER 2 Conceptual Analysis 2.1 TORT AND CONFLICT OF LAWS: Torts in Common Law countries mean civil wrongs to a person, to property, or to a person’s reputation. Common examples are negligent acts causing injury or deaths, conversion, trespass to property and defamation. The same act may be both a tort and crime: assault can be a cause of action in tort and may also be a criminal offence. That is also true in some other situations, for example, misappropriation of property and (in India) defamation. Conflict of laws...
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...traditional rule of lex loci delictus in determining which state’s substantive law is applicable to actions sounding in tort[i]. Lex loci delictus holds that the substantive law of the place where the tort occurs applies. It is a recognized principle of the law of the conflict of laws that the law of the state where an alleged tort is completed controls the liability[ii]. Where a tort is committed in one state and sued on in another, the lex loci delicti principle controls[iii]. In Williams v. State Farm Mut. Auto. Ins. Co., 229 Conn. 359 (Conn. 1994), the court held that the substantive rights and obligations arising out of a tort controversy are determined by the law of the place of injury, or lex loci delicti. Thus, under the principle of Lex Loci Delicti, a court will determine the substantive rights of an injured party according to the law of the state where the injury occurred[iv]. The lex loci rule is derived from the vested rights doctrine[v]. According to the vested rights doctrine, a plaintiff’s cause of action owes its creation to the law of the jurisdiction where the injury occurred and depends for its existence and extent solely on such law. Thus, where the tortious act and the resulting injury occur in different states, the rule is that the substantive law of the state where the injury occur controls. Under the provision of the Federal Tort Claims Act which renders the U.S. liable for the torts of its employees, under circumstances where the U.S., if a private person...
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...Traditional Approaches to Horizontal Choice of Law (introduction/Class 1 = Keeton v Hustler) Keeton v Hustler Discusses procedural v substantive inquiry Mentions 5 CoL considerations: predictability; relationships among the states; simplification; forum interests; sounder rule approach I. What are we looking for in a CoL system? Examples a. Predictability [for litigants] b. Uniformity c. Ease of application d. Respect for state sovereignty (vested rights largely looks to this) e. Respect for state policy f. Justice for parties g. Party expectations h. Better law II. Domicile a. Def: includes mutual obligation between state and individual b. State of domicile at death is controlling law i. Standard: Mined + left behind → 1. Abandoned (physical travel to new domicile) + manifested intent to remain 2. Note: objective + subjective elements c. Test established in White v Tennant (WV 1888) i. Family farm extends over WV/PA borders; husband went to WV on same property to care for wife, planned on going back on the same day ii. H: PA law controls iii. Note: siblings still live in WV, may be favoring forum even though the court doesn’t seem to be….still is room to play d. Test maintained in Maksym v Board of Election Comm’rs of City of Chicago (BB…Rahm Emanuel Case) i. *Once a domicile is established, presumption that you retain it until you create a new domicile ii. Rejects interpretation of “actually lived” iii. Intent is unclear (including...
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...Explanation of intentional conflict of law that may affect potential civil liability of Steve and WIRETAP will be discussed along with additional legal issues that may also affect BUG. The six different issues will reveal several torts violated and damages that may be awarded from BUG. Introduction The purpose of this paper is to explain specific, hypothetical scenarios dealing with several legal issues. Bug Inc. electronic products are assembled in foreign countries, currently the products are only distributed in U.S. mainly for the use in surveillance. BUG Inc. is planning to expand the electronic device distribution to international markets. Team C has provided detailed answers and feedback to the six scenarios and different types of legal protections BUG must have for its intellectual property, employment laws, international laws, imprisonment rights, internet law, responsibilities, and manufacturing problems associated with the company’s business dealing in domestic and international courts. These protections are elemental strategic plans allowing the organization to minimize any risks in the international distribution. The Trade Secrets Act has been adopted by many states to protect company’s trade secrets or intellectual property. BUG’s company as designer and manufacturer of electronic devices and own software is protected under the law. However, “severe precautions are necessary to avoid misuse of a trade secret crime. In addition to state law, the Economic Espionage...
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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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...Ryan Paytes BLS 342 Causes of Action and Hoebel’s Law The causes of action for tort, criminal, and property law can be dated back to the Elizabethan Age. Under the reign of the Tutors, there original way to file a lawsuit, and the only way to file a lawsuit was by use of a writ. There were multiple types of writs within in this system. This “writ system” is still in tact today and it actually helped to form our different types of law, i.e. tort, criminal, and property. Within this writ system during the Elizabethan Age, the idea of clear and convincing evidence was created. If 75% or more of the evidence was on your side, there was clear and convincing evidence for the judge. Under this civil law, both law judges and civil judges were created. Equity often involved non-money remedies, real estate, and other lawsuits with no adequate remedy of law. With equity, we use the presumption of innocence. The burden of proof needed has to be beyond reasonable doubt. In other words, it needs to be 95% or greater. These Equitable issues are decided strictly by the judge and are based on fact. This form of law was adapted by the United States and it has a direct influence in tort law, property, and criminal law. However, In the United States, Equity and Law have been combined. These different causes of action are related together and they also relate to Hoebel’s Functions of law. In each of these, it is the plaintiff that must prove with clear and convincing evidence. The benefit of...
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...CARRIERS’ Responsibilities to the Disabled—The Ninth Circuit Establishes Criteria for Federal Preemption Under the ACAA to Give Discrimination Victim Her Day in Court Kelsey M. Taylor I. Introduction In Gilstrap v. United Air Lines, Inc., the Ninth Circuit saved a discrimination victim’s suit from dismissal when it held that state-law tort claims against an air carrier were not preempted by federal law. The panel did agree with the lower court that an airline terminal is not a “place of public accommodation” governed by the Americans with Disabilities Act (ADA). Nevertheless, the court concluded that the plaintiff could sustain her action against the airline under state law for injuries she allegedly received due to the carrier’s violations of the Airline Carrier Access Act (ACAA)—despite the fact that the ACAA itself does not provide for a private right of action. II. Background: ADA v. ACAA In 1990, Congress enacted the ADA “to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.” Title III of the ADA specifically prohibits discrimination in “public accommodations,” i.e., publicly accessible yet privately owned businesses. Examples of these “public accommodations” include “terminal[s], depot[s], or other station[s] used for specified public transportation.” Notably, however, transportation by aircraft is expressly excluded from the definition of “public transportation,” and therefore...
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...Legal and Ethical Issues for Health Professionals Student’s Name Institutional Affiliation Legal and Ethical Issues for Health Professionals Public Law and Private Law The law is a set of rules and regulations that are formulated by an authority and are applicable to a given community. According to Pozgar (2012), “the law is rooted in tradition, culture, customs, and beliefs” (p. 180). The primary difference between these two laws is based on who the act affects. If the action affects the society as a whole, then it is a public law but if the act only affects an individual or groups of persons, then it is a private law. Various Sources of Common Law Common law is regulated by customs and existing general principles (Shalhope, 2004). Common law can be derived from previous judicial decisions, statutory law, and administrative law (Pozgar, 2012). The common law that applies to the U.S. has its source in England. The law originated from the King’s court during the early middle ages. The common law has its root in the moral law. The U.S. has most of its common laws originate from the Ten Commandments. Res Judicata and Stare Decisis The Res Judicata principle states that once you file a case, you can not file a subsequent case (Morton, 2014). In the case where a plaintiff prosecutes a defendant for negligence and ends up getting a fair judgment may be barred by the principle from suing the same defendant for another action. According to Pozgar (2012), the Stare Decisis...
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...Business Law: Principles, Cases, and Policy (Seventh Edition 2011) by Mark E. Roszkowski (Selected Chapters, Custom Edition, Stipes Publishing L.L.C.) Business Administration 300 – Legal Environment of Business – Lecture Outlines (2013-2014) by Mark E. Roszkowski, Stipes Publishing L.L.C. COVERAGE DATE Tu Th Tu Th Tu Th Tu Th Tu Th Tu Th Tu Th Tu Th Tu Th Tu Th Tu Th TOPIC INTRODUCTION INTRODUCTION INTRODUCTION INTRODUCTION INTRODUCTION INTRODUCTION INTRODUCTION INTRODUCTION INTRODUCTION INTRODUCTION INTRODUCTION INTRODUCTION TORT LAW FIRST EXAM TORT LAW TORT LAW TORT LAW PRODUCTS LIABILITY PRODUCTS LIABILITY PRODUCTS LIABILITY PRODUCTS LIABILITY SECOND EXAM ASSIGNED READING Jan. Feb. Mar. Apr. 21 23 28 30 4 6 11 13 18 20 25 27 4 6 11 13 18 20 1 3 8 10 Chapters 1-2, Chapter 3 (58) Chapter 5 (91-92, 98-110) Chapter 19 (361-364, 365-367, 372-373) Chapter 20 Copyright 2014 Mark E. Roszkowski, all rights reserved. 2 DATE Tu Th Tu Th Tu Th Tu TOPIC 15 17 22 24 29 1 6 AGENCY AGENCY AGENCY AGENCY AGENCY AGENCY THIRD EXAM ASSIGNED READING Apr. Chapter 40 (729-743, 749-750) Chapter 41 May GRADING 1. The grading system is as follows. All examinations will be given in class. Points First Examination Second Examination Third Examination TOTAL Extra Credit Attendance: 333 333 334 1000 Up to 66 Points Coverage Chapters 1, 2, 3 (58) Chapters 5 (91-92, 98-110), 19 (361-364, 365-367, 372-373), 20 Chapters 40 (729-743, 749-750), 41 2. Conflicts: All conflicts...
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...University of Phoenix BUS 415 CC08BAM08 Hedy Zhang December 02, 2008 Introduction BUG, Inc., a company based in Los Angeles, California, invented an electronic recording device, which can intercept and record sounds and voices through the walls of a house, using a remote microphone. The company designs, manufactures, and sells these devices exclusively to state and federal law enforcement in various plants throughout the United States, Canada, and other foreign countries. BUG being the owner of this intellectual property will require legal protection from unauthorized user, identify any international conflict of law issues that could affect the normal day to day operation of the company, and identify torts that Officer Sally may pursue against BUG Company and types of damages she can request. Legal Protection of Intellectual Property The definition of intellectual property is any invention, innovation, or discovery such as copyrights, patent, and trademark. For examples, a book or article of an author’s is a copyright with a unique logo or a soft drink design which represent a company and its products. Another example would be a website design. Physical properties is not the basis for intellectual property but the ownership and the rights to manufacture, use as well as to promote an idea which is consider a priceless benefit. Three types of legal protection that are essential to protect intellectual property are identified as trademark, patent, and copyright...
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...Synopsis of Tort of Cases Paper Synopsis of Tort Cases A tort is the French word for wrong. There are three categories of torts which are intentional torts, unintentional torts, and strict liability. Tort law is basically what protects different types of injuries that arise from the different torts. Many lawsuits that are done use many of the different torts to look for monetary gain, or tort damages. Tort damages are basically monetary damages that are sought from the offending party (Cheese man, p. 95.para.2). There have been many scenarios that have brought up different tort damages. Sometimes there are just one specific situation tha starts the tort cases. As the following scenario is reviewed that different tort actions are described, the potential plaintiffs are identified, and the elements of the tort claim that constitute the plaintiff’s claim and how the facts conform to those elements are described. Tort laws provide remedial compensation for damages. Segments of tort laws included intentional torts against persons, negligence found under unintentional torts, special negligence doctrines for professionals, and strict liability and product liability for manufactures (Cheeseman, 2010). Under each tort segment are violations with descriptive terms to provide details of offenses. I an individual believe a wrongful event has occurred; the individual has the right to file a civil lawsuit against the wrongdoer. This type of lawsuit can be some with or without the aid of an...
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...McGill Law Journal ~ Revue de droit de McGill JUSTIFYING FIDUCIARY DUTIES Paul B. Miller* Fiduciary duties are critical to the integrity of a remarkable variety of relationships, including those between trustee and beneficiary, director and corporation, agent and principal, lawyer and client, doctor and patient, parent and child, and guardian and ward. Notwithstanding their variety, all fiduciary relationships are presumed to enjoy common characteristics and to attract a core set of demanding legal duties, most notably a duty of loyalty. Surprisingly, however, the justification for fiduciary duties is an enigma in private law theory. It is unclear what makes a relationship fiduciary and why fiduciary relationships attract fiduciary duties. This article takes up the enigma. It assesses leading reductivist and instrumentalist analyses of the justification for fiduciary duties. Finding them wanting, it offers an alternative account of the juridical justification for fiduciary duties. The author contends that the fiduciary relationship is a distinctive kind of legal relationship in which one person (the fiduciary) exercises power over practical interests of another (the beneficiary). Fiduciary power is a form of authority derived from the legal capacity of the beneficiary or a benefactor. The duty of loyalty is justified on the basis that it secures the exclusivity of the beneficiary’s claim over fiduciary power so understood. Les obligations fiduciaires sont essentielles pour...
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...Intro to law Chapter 1 Business law is divided into: - Tort law – injury - Contract law - Business (sole, partner, corporation) - Real estate - Intellectual - Environmental 3 functions of the law 1. Settling disputes 2. Establishment of rules 3. Protection Sources of law - Case law – from recorded judgement – precedent - Statues – passed by government - Statue law – judicial understanding and application Stare decisis: to let a decision stand 1. From the judges own 2. From a court of equal rank 3. From a court of higher rank Equity - Rules originally based on decisions of the king Charter of rights - Notwithstanding clause o Permits the government to pass a legislation that conflicts or overrides charter - Right to due process o Informed of rights o Right to a lawyer Classification of laws - Substantive law o Law that sets out rights and duties o Individual right enforceable at law - Procedural o Procedures taken to enforce the law - Public o Relates to the relationship between governments and persons - Private law o Relates to relationships between individuals Chapter 2 Jurisdiction 1. Court of original jurisdiction 2. Court of appeal Criminal court procedure 1. Plaintiff – party bringing the action 2. Defendant – party defending an action 3. Discovery a. Examination and questions Class action - Group of individual represented by one attorney in a suit Chapter 3 Administrative law - Includes laws, rules, decisions...
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...Abstract: The Alien Tort Statute and the Torture Victim Protection Act both deal with individuals who infringe on the rights of others by torture or extrajudicial killing. These statutes have been explained to juries who have to argue their differences while others have explained both statutes are similar hence they should be used simultaneously. The idea of using both statutes simultaneously gets its origins from the House of Representatives and the Senate. The legislative branch has never explained the relationship between the Alien Tort Statute and the Torture Victim Protection Act. The only guidance in attempting to understand the two statutes and any possible relationship with one another is the Torture Victim Protection Act was codified...
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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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