...Synopsis of Tort Cases Paper Matt Howze, Kim Woodard, Anthony Fennell, Mario Hauser, Mike Anson BUS/415 Mrs. Pamela Weddell June 12, 2011 Introduction Throughout this reading, we have evaluated several scenarios and made legal decisions based on the information that we know and the information that we have learned in the previous chapters. Our goal is to determine the tort actions seen in the scenarios identify potential plaintiffs, identify potential defendants, why they are defendants, the elements of the tort claims that constitute the plaintiffs’ claims, any defenses that the defendants may assert, and how the case will be resolved with legal reasoning. Scenario 1 What tort actions do you see? Intentional: Assault is the threat of immediate harm or offensive contact or any action that arouses reasonable apprehension of eminent of harm. Battery an unauthorized and harmful or offensive physical contact with another person Duress/distress a person whose extreme an outrageous conduct intentionally or recklessly cause severe emotional distress to another person is liable for that emotional distress. Defamation false statement made by one person about another in court the plaintiff must prove that the defendant made an untrue statement of fact about the plaintiff. Also the statement was intentionally or accidentally published to a third party. Slander oral defamation of character Unintentional torts: Negligence a doctrine that says a person is liable for...
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...Synopsis of Tort Cases Paper Team A BUS/415 10 de octubre de 2011 University of Phoenix Profesor: Jesús Rivera Delgado Synopsis of Tort Cases Paper En este trabajo grupal, se encuentra cuatro casos de responsabilidad civil. Cada escenario tiene un tipo de acción de responsabilidad, los demandantes potenciales y los acusados, los elementos de las reclamaciones por agravio que constituyen la demanda del demandante, así como todas las defensas que el demandado puede hacer valer. Además, se encuentra la opinión de escritor en cuanto a cómo ellos creen que la reclamación se resolverá junto con los motivos legales de su creencia. Escenario uno Las acciones de responsabilidad civil, los elementos, los demandantes potenciales, los acusados, de resolución de reclamaciones surgen de una serie de acciones que tuvieron lugar de un partido de fútbol. Daniel y su hijo Rubén, de 8 años, fueron a un partido de fútbol. El mariscal de campo va a lanzar un pase, y es golpeado por un jugador contrario, y rompen el brazo del mariscal de campo, y enviando el balón a las gradas, golpeando un fanático. Malik salta a gritar al árbitro, derramando su cerveza fría encima de Rubén. Daniel se siente mal al ver el disfrute de Rubén echado a perder de esta manera, y empuja a Malik. Como Malik cae, se agarra del pasamano, que cede con su peso y Malik se golpea, dos de sus dientes frontales. Al salir, Daniel se detiene a comprar dos refrescos. Una señora en la fila le da el olor de cerveza...
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...Synopsis of Tort Cases Team C: Michael Colschen, Christina Thomason, and Shawn Glover BUS/415 April 5, 2011 Carol De Muth, Facilitator Torts and Liability Torts arise when negligent activity by one individual to another individual results in injury or liability from the action. The negligent party owes a duty of responsibility to provide recourse in the form of reimbursement through monies or other court appointed determinations as restitution for the negligent act. Tort cases are mostly negligent acts that involve suits heard in civil court. Tort cases are brought forth by private citizens, whereas criminal acts involve prosecution by the government. The tort acts demonstrated in this scenario involve bodily harm from negligent acts, defamation of character, and negligence for safety, medical malpractice, and broken promissory note. Scenario One Synopsis The scenario one contains several torts that involve damage, injury, and wrongful acts that involve potential civil lawsuits for strict liability. The scenario begins with a Daniel and his eight year old son Reuben attending a football game. The quarterback receives an injury from a player on the opposing team. The quarterback could file a lawsuit against the opposing team member for the injury as an act of bodily harm but the defendants defense states a circumstance that comes with the occupation of playing football. The quarterback can file a workman’s compensation claim against...
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...Synopsis of Tort Cases Paper Introduction Monica Bertrand The purpose of this paper will be for Team B to analysis two scenarios and decide what tort actions were found in the two scenarios that we chose. The scenario’s that were chosen by team B is scenario two and four. Within this paper we will discuss what tort actions were found in each scenario, and decide who are the plaintiffs, and defendants. In this paper we will discuss the elements of the tort claim and how it constitutes the plaintiff’s claim and how it can be resolved. My portion for team paper bullets one through three Monica Bertrand In scenario two the setting is in an Italian restaurant where the owner will be sued for negligence. The tort action for starters would be negligence. Tort is a word that means wrong done, that an individual has committed knowingly or not or by strict liability. The plaintiff has a right to monetary gain for damages inflicted while the tort was committed. According to Cheese man 2010, “Tort laws provide remedial compensation for damages. Segment of tort laws includes intentional torts against persons, negligence found under unintentional torts, special negligence doctrines for professionals, and strict liability and product liability for manufacturers”. Within scenario two Anna along with the old lady and the customers that were trying to leave the restaurant are the plaintiff’s. Anna can sue the restaurant owner for negligence, because glass was found in her...
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...Synopsis of Tort Cases Paper A synopsis is a summary of the text or subject, and in each scenario there are tort actions that need to be identify, and to make out who are the plaintiffs and defendants in these scenario cases. We will explain which claim got resolved by taking legal actions for the reason’s they were put in these different dangerous situations that could have been avoided. Scenario One Scenario one deals with intentional tort, unintentional torts and strict liability tort. The first intentional tort is the battery by Daniel on Malik for accidently spilling cold beer on his son Ruben. Daniel shoved Malik which caused him to fall. Malik tried to break his fall and grabs the railing which didn’t support the weight of Malik. The railing broke and Malik hit the steps and knocked out two of his front teeth. This will fall under strict liability tort. Malik can file a law suit against the owners of the football stadium for not ensuring the railing was safe for everyone in the stadium. This fall under product liability “The liability of manufacturers, sellers, and others for the injuries caused by defective products.” Cheeseman (2010). “Defamation of character false statement(s) made by one person about another. In court, the plaintiff must prove that (1) the defendant made an untrue statement of fact about the plaintiff and (2) the statement was intentionally” Cheesesman (2010). Daniel can suit the woman in court for intentionally making...
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...SWFOUN86 Course Start Date: 5/14/2012 Course End Date: 6/18/2012 Day & Time: Monday, 6:00pm PST Course Schedule________________________________________________________ Workshop 1 – May 14, 2012 Workshop 2 – May 21, 2012 Workshop 3 – June 4, 2012 Workshop 4 – June 11, 2012 Workshop 5 – June 18, 2012 Course Description This course examines, analyzes, and applies to the morn business environment the nature, formation and system of law in the United States. Course Topics & Objectives 1. Legal Environment Explain the relationship between business and the legal environment. Evaluate the social responsibility of business practices. Describe the stages of a civil case. 2. Torts Assess business situations for tort liability and defenses. 3. Contracts and Commerce Describe the elements of a valid contract. Explain the application of the Uniform Commercial Code to commercial transactions. Differentiate between types of interests in property. 4. Business Organizations Differentiate business entities by their advantages and disadvantages. Explain the actions which may result in the piercing of the corporate veil. Describe the formation and dissolution of a corporation. 5. Employment Law Government Regulation Describe the evolution of employment law. Explain government regulation of employer-employee relationships. Describe laws protecting intellectual property, environment, and consumer rights. Distinguish...
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...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 by the fan injured from the football, by Malik for the faulty railing, and by Daniel for the diabetic coma (University of Phoenix, 2011). Daniel could be a potential defendant for assaulting Malik after spilling the beer on Daniel’s son. Daniel’s boss could be a potential defendant because he wrongfully fired Daniel. Daniel might be a potential defendant for shooting Malik, but being this was in self-defense (if Daniel did not know the gun was not loaded) the case would probably be decided in Daniel’s favor. The elements of the tort claim that constitute the plaintiff’s claim Daniel could say he was trying to protect his son Ruben’s pride for Malik spilling the beer on him. So he shoved Malik to let him know this type of behavior was not acceptable. Daniel defense against the woman he could sue her for defamation of character. The woman did not see the incident so to jump to conclusion was wrong. Daniel defense against the boss is wrongful termination. He was going on hearsay and...
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...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, elements, potential plaintiffs, defendants, and claim resolution arise from a series of actions that took place at a football game. Daniel and his son Ruben, age 8, go to a football game. The quarterback drops back to throw a pass, and is hit by an opposing player, breaking the quarterback’s arm, and sending the ball into the stands, injuring a fan. Malik jumps up to yell at the referee, spilling his cold beer on Ruben. Daniel is upset to see Ruben’s enjoyment spoiled this way, and shoves Malik. As Malik falls, he grabs onto the railing, which gives way under his weight. Malik’s face hits the aisle steps, knocking out two of his front teeth. On their way out, Daniel stops at the concession stand to buy two diet soft drinks. A lady standing in line at the concession stand smells the beer on Ruben, and she starts yelling at Daniel, accusing him of giving beer to a child. She makes a huge scene, and several customers cast disgusted glances toward Daniel. One of them is Daniel’s boss...
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...provide them with the necessary steps they need to finish their degree. The purpose of this paper is to provide evidence from the CNSA and Mabel, a student at the CNSA and how Mabel was provided with misrepresented information. If there was negligence and if fiduciary duty was required by the student advisor, Ima. Purpose is to convey how misrepresentation can mislead and cause damages and how negligence can occur even when it wasn’t attended. Mable Hardluck is the plaintiff and CNSA are the defendants in this case. Mabel has to waste another year finishing her courses and took courses that were irrelevant. Mabel wants to reclaim her tuition from CNSA so she could pay for the qualifying year at USNA. She is seeking damages and will portray how tort of negligence was violated and was provided with misrepresentation of information. Duty of care should be owed to every student that turns to an advisor for guidance, students can’t afford to be misrepresented and have advisors be negligent when providing them with information. Synopsis Negligent misrepresentation The advisor should have known before providing the student with information, even if Ima was mistaken and believed it was true, negligence was still characterized by the advisor. Referring to the case, “Liu v. Wantell Business Networks Corp,” the plaintiff, Jun Liu is in a similar situation as our plaintiff Mable. In this case, the allegations that were made against CNS were also about false information about education...
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...Business Law ------------------------------------------------- Business Law Students’ Manual ------------------------------------------------- 2014 Edition This Manual contains materials essential for all students undertaking Business Law, including: * ------------------------------------------------- Course Guide for Business Law; * ------------------------------------------------- Unit of Study Syllabus for Business Law: * ------------------------------------------------- Lecture Program for the Unit of Study; * ------------------------------------------------- Tutorial Programs and Questions; * ------------------------------------------------- Past Examination Papers; and * ------------------------------------------------- Other essential data regarding the Unit of Study. Manual and Tutorial Program compiled by Darren Parker (College of Law and Justice) VICTORIA LAW SCHOOL College of Law and Justice Unit Coordinator – Robert Alvarez Robert.Alvarez@vu.edu.au TABLE OF CONTENTS ------------------------------------------------- ITEM DESCRIPTION PAGE/S NUMBER 1. Table of Contents 2 2. Introduction 3 3. Assessment 4 4. Assignment instructions 4 -17 5. Assignment Topics for 2014 18-21 6. Tutorial attendance and Participation 22 7. Final Examination 22 ...
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...Answers to Review Questions Chapter 1: Introduction to a New Career in Law 1.1. Eighty million lawsuits are filed every year. 1.2. The five major players in the development of paralegalism are: National Federation of Paralegal Associations National Association of Legal Assistants American Bar Association Your state bar association Your local paralegal association 1.3. CLE is continuing legal education or training in the law, usually short term, received after one’s formal training. 1.4. Meaning of abbreviations: (a) NFPA—National Federation of Paralegal Associations (b) NALA—National Association of Legal Assistants (c) SCOP—American Bar Association Standing Committee on Paralegals (d) NALS—The Association for Legal Professionals (Note: NALS no longer says that its name stands for National Association of Legal Secretaries) (e) AAPI—American Alliance of Paralegals (f) IPMA—International Paralegal Management Association (g) ALA—Association of Legal Administrators 1.5. Web Sites: (a) NFPA: www.paralegals.org (b) NALA: www.nala.org (c) IMPA: www.paralegalmanagement.org 1.6. Certification examinations: (a) NFPA—The PACE exam. It is an advanced exam; paralegal experience is required to take it. (b) NALA—The CLA exam. It is an entry-level exam. No paralegal experience is required to take it. (Note: NALA also has an advanced examination that does require paralegal experience to take it.) 1.7. Fourteen categories of paralegal associations: ...
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...able to fast track the project although not all aspects of the construction are complete, there is greater certainty of price and the contractor is involved from the earliest stage in planning design and programming. In consequence, the principal will need to accept a higher price for the contractor to take on this additional risk compared to more traditional construct only contracts. This paper will identify some issues for principals to consider when allocating design responsibility to contractors within a D&C project. These issues arise as the design and construct process involves a fundamental conflict of interest. Principals desire to have constructed a product of the best quality for the lowest possibly price. The contractor on the other hand is more likely to make a higher profit if the product is of a lower quality (and therefore cost) and a higher price (as opposed to costs). In addition, although a greater proportion of design risk is placed on the contractor, this passing of risk is often accompanied by the abrogation of responsibility and loss of control. The paper will refer to the approaches of 3 standard form contracts - AS 4300-95, AS 4902-00 and PC1-98 in dealing with these issues focussing on: 1 content of the design duty (this may be duty to achieve a specified result or satisfy particular criteria) and role of the principal’s project requirements (PPR); 2 level of design responsibility (such as an absolute duty or a lower duty of reasonable...
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...Table of Contents 1. Title Page………………………………………………………………………..1 2. Table of Contents………………………………………………………………..2 3. Abstract of Paper………………………………………………………...............3 4. Introduction……………………………………………………………………...4 5. Historical Development and Context by Rachel Ocampo………………………4 6. Political & Legal Influences by Crystal Osborne………………………………12 7. Economic Questions & Considerations by Kim Payne………………………...18 8. Psychological Considerations & Sociological Effects by Rebecca Pistillo…….26 9. Implications for the Environment by Michael Plesnarski………………………33 10. Moral & Ethical Implications by Karen Quaderer…………………………… 39 11. Bibliography…………………………………………………………………….47 Abstract In this research paper our team will look at the use of Robotic Technology in the medical field, more specifically in the surgical field as well as discuss the issues and implications surrounding the topic. Our discussion will include topics ranging from the history and development of robots that can be found in surgical rooms, political concerns regarding the Food and Drug Administration and their requirements to approve use of these robots, the legal aspect of robotic technology on how to determine which party is held liable in case of accidents or malfunctions that can lead to injury and a legal case that shows the difficulty to prove fault against a manufacturer. Also discussed will be the economic ramifications on our society, psychological, sociological, cultural,...
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...Name: Mashell Chapeyama Institution: University of the People Short essays on Organizational Behavior This is a compilation of essays on Organizational behavior. The essays vary in their length and scope but they are all essential. Those essays entitled Reflections are based on the writer’s evaluations of material learned during the particular period. The essays were written as assignments to meet the requirements of the course: Organizational Behavior, at the University of the People. The University of the People is a new initiative on the global scene. It is the first tuition free University in the world, yet it has high quality education. It has various levels of assignments. Some of the questions require shorter answers, whereas the others require longer ones. Organizational Behavior is one of the courses at University of the People, in the Bachelor of Science in Business Administration. The inadequacies in the answers must be attributed to the writer and not to the institution. This publication has nothing to do with the requirements of the university. It is my personal interest to preserve my assignments and that these may assist other learners. Any comments must be sent to the writer at the email: mchapeyama@gmail.com Diversity Program Most modern organizations have knowledge on how to tap on diversity to get a competitive business advantage. Managing of diversity is now put alongside issues such as corporate social responsibility and ethics as an appeal...
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...Civil Procedure Outline Chapter 1: An Introduction to American Courts Chapter 2: A Description of the Litigation Process and Sources of Procedural Law Chapter 3: Diversity Jurisdiction in the Federal Courts I. Introduction: II. State Citizenship of Individuals: The Domicile Test 1. Common Law concept of Domicile: a. Residence with the intent to remain “indefinitely.” b. Has been used for several purposes. For example: to determine the power to exercise personal jurisdiction over a person, to grant a divorce, to impose a tax or to determine the persons entitled to inherit property. 2. Losing and gaining a domicile: a person does not lose her old domicile until she acquires a new one, that is, until she hoes to another state wit the intent to reside indefinitely in the new state. (Examples on pg 45-46). 3. Meaning of “indefinite intent: often, courts state that it is enough that the party “intends to make the new state his home and that he has no present intention of going elsewhere [to live].” 4. Alternative formulation of the domicile test: to establish a domicile of choice a person generally must be physically present at the location and intend to make that place his home “for the time at least.” 5. The date for determining diversity: parties must be diverse on the day the complaint is filed, even if the parties were not diverse at the time of the events giving rise to the claim. ...
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