...Private Police and Civil Liability Dan Seemann SEC/350 August 4, 2014 Darrin Waters Civil Liability and Private Police Private police and security continue to grow at a rapid pace because of reduced Constitutional restrictions, but employers must also understand the increased civil liabilities associated with employing private security. This paper will help to evaluate civil liability and how these liabilities are applied to private police forces. Another key element will be to identify and recommend certain measures that can be implemented to help mitigate organizational and institutional liability. Mitigating these liabilities will enable a larger return on investment for the business using these private security forces. Potential for Civil Liability Civil liability is considered the potential responsibility for payment to be assessed to an individual or organization that has incurred damages based on a lawsuit. There are several different factors that can determine the potential for liability based on certain tort laws that may be applied. A tort is considered to be a wrongful act that was committed that may result in compensation based on varying levels of proof and damages that are present. Rules, evidence, precedent, and judicial discretion all help to determine which category or tort law will be applicable. The elements and burden of evidence and proof can also vary from state to state, and can focus on different...
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...Between Criminal And Civil Law Introduction The structure of the paper is as follows.Firstly,discuss the difference between criminal and civil law,and then analyse the overlap of the two systems.finally,give some advice to a victim of a civil wrong and a crime. Body 1. distinction between criminal and civil law Criminal Law is a kind of public law, which “governs relationships between individuals and the government, and those relationships between individuals which 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...
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...Criminal law, also known as penal law, refers to different jurisdictions of various bodies of rules whose general characteristic is incomparable and often impose punishment for failure to comply. Criminal punishment includes execution, loss of liberty, government supervision (either parole or probation), or fines depending on the offense and jurisdiction. Murder is one example of some of the archetypal crimes, but the acts that are prohibited are not entirely consistent between different criminal codes, and even among a particular code lines may be confused as civil infractions give rise to criminal consequences. Criminal law is typically enforced by the government. Civil law, or branch of law, deals with disputes between organizations and/or individuals, in which compensation may be given to the victim. Civil courts provide a confabulation for deciding disputes involving torts (such as libel, accidents and negligence), contract disputes, property disputes, the probate of wills, trusts, commercial law, administrative law, and other private matters that involve private parties and organizations. An action by an individual against the attorney general is a civil matter, but if the state is represented by the attorney general or other agent from the state and takes action against an individual, this is no longer civil law but instead this is now public law. The objective of civil law differs from other law. Civil law attempts to right a wrong, settle a dispute, or honor an...
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...Q1: Describe: Private Members Bills Individual Member of Parliaments (MPs) is sometimes referred to as private members. They are allowed to introduce or make proposals for new laws that aren't necessarily supported or planned by the government. These proposals are called Private Members' Bills. Basically, Private Members' Bills give MPs a chance to introduce new laws. There are three ways to introduce a Private Members' Bill in the House of Commons: the balloted bill, the ten minute rule and the presentation bill. i) The Balloted bill - Each year a ballot is held at the start of the Parliamentary session to choose 20 MPs who will be allowed to introduce their proposal for a new law. Only seven MPs at the top of the list will be allocated time in the House of Commons for their bill to be discussed and debated. Should the House of Commons approve the proposal, it could go through the whole law-making process and become a real law. If fact, the best chance of getting a new law made is through a balloted bill. (ii) The Ten Minute rule - Ten minutes isn't very long when you're trying to convince hundreds of MPs that your proposal for a law is a good one. The MP only has ten minutes to present in favour of the proposal they've put forward. Once the ten minutes is up, no further debate or discussion will be allowed. (iii) Ordinary Presentation - The MP only gets to present the idea without any time allotted to talk on it. The MP is not allowed to give arguments or...
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...German Law system Public Law * Public law rules the relations between a citizen or private person and an official entity or between two official entities, e.g. a law which determines taxes * Public law was formerly based on the so-called "superiority inferiority relationship", means that a public authority may define what is to be done, without the approval of the citizen. * E.g., if the authority orders a citizen to pay taxes, the citizen has to pay, even without an agreement. * In return, the authority has to abide by the law and may only order, if empowered by a law. * The newer theory to determine, whether a regulation is public or civil law, is the modified theory of subjects: if at least one of the subjects is part of the state or is legally empowered to act on behalf of any part of the state. Constitutional law * The constitution is called the Grundgesetz (Basic Law) because the drafters saw this legal part as a provisional document, to be replaced by the constitution of a future united Germany. * In reaction to National Socialism, the basic law shows mistrust towards its own people and its own government and was created as a reaction to the problems of the Weimar Constitution. * The constitutional law (Verfassungsrecht) deals mostly with Germany’s constitution and the rights and duties of the various institutions. * A major part are the Civil rights which are first in the basic law (Grundgesetz) and from which everything...
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...Classifications of Law There are four different classifications of law that are found around the world. In this brief article I will explain the differences that make up the four classifications of law. 1. Substantive of laws vs. Procedures of laws- Substantive of law is the substance that makes up a law. It is the meaning of a law that explains what you can and cannot do. For example the law states that you cannot murder another human being unless it was in self defense, you were under duress, or if you were drugged by another person. Unlike substantive of law, procedures of laws are just the steps that must take place when filing a lawsuit against another party. 2. Public vs. Private Law- Public law simply means that the government is involved. Public law is any law that has to do with the constitution and the public. This type of law normally involves a criminal suit were the government is prosecuting a citizen for a crime they allegedly committed. Private laws are laws that do not involve the government, and are laws that allow one private entity to sue another private entity in a civil lawsuit. 3. Criminal vs. Civil Law- Criminal law was created to protect the public from the government or from themselves. Criminal laws were created so that the government could not prosecute individuals without due process and so that the public could protect themselves from each other. Civil law are cases where one or both parties are looking for compensation instead of jail time. Civil law covers anything...
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...Slaughter House Cases, the Civil Rights Cases of 1883, and the 1896 case of Plessy V. Ferguson. II. Body A. The 1873 ruling of the Slaughter House Cases. 1. A Louisiana law of 1869 created a state corporation for the slaughtering of livestock. The corporation was given exclusive power to slaughter livestock, and all other private slaughterhouses were required to close. Independent butchers could use the corporation’s facilities for a charge, but could not conduct independent operations. 2. The butchers not included in the monopoly claimed that the law deprived them of their right to "exercise their trade" and challenged it under the 13th and 14th amendments. The highest state court sustained the law. 3. The states have the proper police power to limit slaughter house operations for the health and safety of their residents. The meaning of the 13th and 14th amendments must be derived from the historical context of the problems they were designed to remedy, namely African slavery. The Congress, after the end of the Civil War, sought to strengthen the freedom of the former slaves by passing these amendments. 4. Specifically, they only were meant to guarantee federal privileges, not state privileges, whatever they may be. The "privileges and immunities" clause did not create additional rights; it merely required states to apply its laws equally to non-state residents as well as state residents. B. The Civil Rights cases of 1883. 1. The Civil Rights Cases consolidated...
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...Cornell Search About LII / Get the law / Lawyer Directory / Get Legal Forms / Legal Encyclopedia / Help Out • • Wex • all pages • articles • español • Inbox Project • search • FAQ Legal systems Introduction: profusion and variety There are hundreds of legal systems in the world. At the global level, international law is of great importance, whether created by the practice of sovereign states or by agreement among them in the form of treaties and other accords. Some transnational entities such as the European Union have created their own legal structures. At the national level there are over 180 sovereign states in the United Nations Organization. Many of these are federal or confederal, and their constituent parts may well have their own law. But, despite this great variety, it is important to begin by emphasizing one great division: that into religious and secular legal systems. Each side of this split holds quite different views as to law, in its source, scope, sanctions, and function. The source of religious law is the deity, legislating through the prophets. Secular law is made by human beings, and one of its most famous examples begins with the words 'We, the people'. It follows from this difference in their source that religious laws are perceived to be eternal and immutable, while secular rules can be changed by their makers. Religious law tells people what to believe as well as how to behave, whereas secular law deals with our external actions as they...
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...known as law. Although the rules might be different from one nation or society with another one, but it is important and necessary in regulating human’s behaviour. Law tells us what we should do and should not do. In every nation or society, there are different type forms of rules and laws. Rule is form through morality or customs while law is enforced by the state or courts. If one break the law, you need to be punished either by fine or go to prison. English law has been in existences for a very long time nearly a millennium year. Before the Norman Conquest, different area of England is governed by their own set of laws which is different with other state or area. After Noman Conquest during year 1066, William the conqueror, forms a strong central government and standardize the law and applies to all over the England. In the English legal system, we can distinguish law into two, which are public law and private law. Public law concerns about the relationship between the states and citizens. It contains of constitutional law, administrative law and criminal law. On the other hand, private law or known as the civil law concerns about the private...
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...Classifications of Law The classification of law starts with the understanding of the two major legal systems, common law and civil law. Common Law is the legal system that emphasizes the role of judges in deciding the meaning of laws and how they apply as a whole. Civil law is relies more on legislation than judicial decisions to determine what the law is. Like common law nations decide the facts in a disputed case, but civil law courts are not obligated to follow recent judicial decisions or presidents. (O. Lee Reed, 2013) The famous trial of MacPherson v. Buick Motor Co. in 1916 in which Judge Benjamin Cardozo based his decision on a similar case that was tried about a year earlier against the makers of Cadillac. These cases involved a wheel that was defective that was not made with their own manufacturer but bought from another. This would be an example of common law because Buick sold a defective product that could cause harm and the judge decided that Buick was at fault with not using there said manufacturer (Strauss, 2007). An example of Civil Law would be if you lived in Kansas and purchases a car, in this state you must car insurance in order to get that car titled. One day your car catches on fire and totals the car out. You have a contract with your insurance company where they will pay for the damage as long as you pay the premiums and do not commit fraud and file false accident reports. This would be a type of civil law called Contract Law; it is the insurance...
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...house. The bank cannot go after you personally and your credit score will be unaffected. I’ve been dealing with this issue for years and I’m telling you that this is the Ohio law on the matter. Unfortunately, it turns out that Dan was incorrect. When Mary defaults on her loan the next year, her credit is badly hurt. Mildred has engaged our firm to evaluate the possibility of filing a suit against Dan based on his statement to her and her reliance on it. She met with attorney, Joe, who immediately ruled out the possibility of suing him for fraud or misrepresentation, because Dan sincerely believed that what he was saying was true. Instead, Mary said to Joe, “Well, Dan isn’t a lawyer. Isn’t it wrong for him to tell me what the Ohio law is when he’s not even a lawyer?” Joe advised Mildred that this firm would research whether a person could be sued for unauthorized practice of law. Issue Based upon Ohio law, can a private cause of action exists against a non lawyer who committed the unauthorized practice of law thereby hurting the plaintiff's case? Rule Ohio Statute ORC 4705.07(A)(3) & (C)(2) A) No person who is not licensed to practice law in this state shall do any of the following: (3) Commit any act that is prohibited by the supreme court as being the unauthorized practice of law. (C) (2) Any person who is damaged by another person who commits a violation of division (A)(3) of this section may...
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...Role and Functions of Law Kristen Edwards LAW 421 September 10, 2012 Thomas Glenz Role and Functions of Law What are laws and how does it pertain to the people’s lives? According to Merriam-Webster’s collegiate dictionary, law means, “a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority.” It is a system of rules set by the Legislative branch of the government. This branch consists of the Congress that which is separated into two houses: the House and the Senate. The members of the Congress are responsible for passing the laws. The executive branch is composed of the President and the Cabinet. This branch is responsible for carrying out the tasks that had been set forth by Congress. The law serves many roles in our society and businesses for our protection. There is three main classifications of laws that pertain to our society and businesses such as Criminal and Civil law, Substantive and Procedural law, and Public and Private law. Criminal law is “prosecution by the government of a person for an act that has been classified as a crime” (Legal Information Institute, 2010). Civil law refers to the body of laws in dispute between individuals instead of offenses that relate to the government that which is criminal law. With criminal law, a person who commits a crime, such as murder or rape is prosecuted by the government with either fines or imprisonment or both. Civil law will pertain to individuals...
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...* International law * The new millennium * International vs. national * Codification * Natural law * Sovereignty * International conflict Sources of international law * Judicial decisions and the teachings of the most qualified publicists in the various nations * International conventions * International customs as evidence of a general practice accepted as law * General principles recognized by civilized nations International treaties and conventions Treaties | Conventions | Considered more serious in scope and function than conventions (for example, peace treaties and border treaties) | Sponsored by an international organization | Must be ratified by the states involved | Negotiated issues are often included in the title | International customs General practices are accepted as law: * Majority of world states recognize the authority of international customs * Must provide evidence of general practice * Accepted as law even if they are not codified (if practiced consistently over time by a majority of world states and if the custom is based in universal morality) General principles of law * What general principles are recognized by all legal systems? * Natural justice * Due process Subsidiary and other sources of international law * Subsidiary Sources * Judicial decisions * Juristic writings * Other Sources * Arbitration * Acts of international...
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...Role and Functions of Law In this report, it will discuss and define the functions and role of law in business and society. We will also discuss the functions and role of law in our past or present job or industry. We will go off the bases of what is law and how it is use. In society as well as a business, law plays a significant role in their daily operation. For a society to be efficient and effective, laws have to put into place to regulate social behavior. Law, defined as a body of rules of conduct of binding legal force and effect, prescribed, recognized, and enforced by controlling authority. Our system of societal life could not exist without a set of rules that govern human behavior or business interactions. Law plays a significant role in the successful operation of business and society. Laws regulate social behavior, which leads to a society that runs efficiently. Laws also supply ethical standards and expectations, while providing rules of conduct, measures to enforce those rules, and a means for settling disputes. Other functions of law include: peacekeeping; checking government power and promoting personal freedom; facilitating planning and the realization of reasonable expectations; promoting economic growth through free competition; promoting social justice; and protecting the environment (Mallor, Barnes, Bowers, and Langvardt). It is important to note that without laws to govern the actions of people and businesses, society would not be able to function effectively...
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...The Classification and Sources of Law The word law can be defined in many ways, because its purpose or function is defined by the way in which it is viewed. When the expression law is used in terms of the land it is considered strict and stern. The law is put in place to have rule in the lad, Guide the human population on how to conduct oneself and give justice to those wronged. Law can be categorized in many categories, but is Classified into three main categories: * Criminal and Civil Law * Public and Private Law * Substantive and Procedural Law Civil Law According to Canadian Superior Courts Judges Association (CSCJA) civil law deals with disputes between parties, or negligent acts that cause harm to others. There is not much evidence needed to uphold a civil claim, but balance of probabilities. Civil law is classified in several groups: The Law of Tort- a tort is defined as a civil wrong; a tort is a remedy to individuals who have been wronged or harmed by obstructive actions of others. Torts laws are separated into main components Nuisance, Negligence, Defamation and Trespass. There are two types of nuisance, public nuisance and private nuisance. Legal institute states that “A public nuisance is when a person unreasonably interferes with a right that the general public shares in common” and “A private nuisance is when the plaintiff's use and enjoyment of her land is interfered with substantially and unreasonably through a thing or activity.” Negligence...
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