A complaint may be dismissed on motion if clearly without any merit; and this want of merit may consist in an absence of law to support a claim of the sort made, or a fact sufficient to make a good claim, or in the disclosure of some fact which will necessarily defeat the claim, but a complaint should not be dismissed for insufficiency unless it appears to a certainty that plaintiff is entitled to no relief under any state of facts which could be proved in support of the claim. Despite the
Words: 2340 - Pages: 10
termination of an employment contract where the termination breaches one or more terms of the contract of employment 4. Entitlement: An individual's right to receive a value or benefit provided by law. 5. Tort (defamation): Defamation is a statement that injures a third party's reputation. The tort of defamation includes both libel (written statements) and slander (spoken statements). 6. Reasonable notice: An employee is entitled to a certain amount of notice (or pay in lieu ofnotice) when their employment
Words: 474 - Pages: 2
Apply the tort of negligence to a given fact situation |Level |5 | |Credits |3 | Purpose People credited with this unit standard are able to explain the law of torts, and apply the tort of negligence to a given fact situation
Words: 503 - Pages: 3
A "tort" is an injury one person or entity inflicts upon another. When one person commits a tort upon another, the injured person is entitled to remedies under the law. Generally, these remedies can include monetary compensation and restraining orders There are a number of different types of torts such as: Automobile Accidents: when one driver causes an accident which injures (or sometimes kills) others Malpractice: Normally involves injuries one can receive due to the mistake of a licensed
Words: 319 - Pages: 2
Regulatory Issues in Health Care Fremgen (2009) defines medical laws or actions set by the federal government and the court system that have binding legal force that address legal rights and obligations affecting patients and protecting the individual rights of patients and health care employees. 50 state have statutes for medical practice acts which apply to precisely to the way that medicine is practiced in a particular state. Laws begin as act acts which define the meaning of “practice of medicine”
Words: 1950 - Pages: 8
system'. Executive members are drawn from elected members of Parliament (the legislature) to form the administrative arm of the Government. Which of the following categories of law will apply if Johnny is accused of breaching copyright? Intellectual property law. Chapter 1, 'Law and life'. Intellectual Property Law protects copyright by recognising the right to copy an original work that belongs to the author. According to the doctrine of responsible government: The Executive Council is comprised
Words: 1605 - Pages: 7
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,
Words: 3434 - Pages: 14
Synopsis of Tort Cases Paper BUS/415 Business Law Scenario 1: There are two tort actions found in the first scenario. The first tort action is Ruben for pushing Daniel and knocking out two of his teeth. The second tort action is owner of the ball field for poor maintenance and improper weight restriction limits on the railings of the stands. The potential plaintiffs in this case are the injured fan, Malik and Daniel. The stadium owners would be potential defendants in cases brought on
Words: 1524 - Pages: 7
Businesses in Canada should not be able to sue for defamation because a corporation is not a person. Defamation is easy to allege but hard to defend, and there are effective alternatives to respond to it. Corporations may be designed and operated by people, but corporations are not human beings. John Paul Stevens, a retired associate justice of the Supreme Court of the United States can provide support stating: Corporations have no consciences, no beliefs, no feelings, no thoughts, no desires
Words: 696 - Pages: 3
* Describe the natural law and positivist law schools. (100 word guideline). | Selected Answer: | Legal positivism and the natural law theory are rival views about what law is and its relation to justice and morality. Natural law is the set of truths of morality and justice and rejects ethical subjectivism and affirms ethical objectivism. Positive laws are commanded by political superiors. The consentrate of legal positivism is the "separation thesis" which can be defined as someone having
Words: 8648 - Pages: 35
