...Compensation culture and tort reform ‘Compensation culture’bhas been described as ‘an amorphous term’ by Morris.b It is generally used to connote a society in which there is a propensity for anyone who has suffered a personal injury to seek punitive damages through litigation from someone connected to the injury, whether or not anyone was actually at fault, thus implying unreasonable willingness to seek legal redress when things go wrong. Commentators such as Morris, Robins and Williams have debated the existence of a compensation culture yet, in 2005, the House of Commons Constitutional Affairs Committee created a new session to investigate whether this compensation culture truly exists.bThe third report of this session is particularly illustrative, unequivocally stating that such a culture does not existband its existence is not a possibility in the near future.bThis report followed a publication by the Better Regulation Task Force (BRTF), which concluded that there is not a compensation culture, but that action was required to counter the popular perception that there is. Evidence from the Compensation Recovery Unit (CRU) supports this view as shown below. The CRU holds the most comprehensive and reliable data on the number of current personal injury claims as ‘all compensators must provide prompt notification to CRU of any claim for personal injury made against them.’ ...
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...CHAPTER 16---THE LEGAL AND REGULATORY ENVIRONMENT OF BUSINESS………….50 things! 16.1 LAW AND THE LEGAL SYSTEM 1. How does law differ from the legal system? * The legal system evolves to respond to changes in social norms and commercial activities. . Legal system is remarkably fair. The legal system establishes the rules of the game, adopting and enforcing them in a reasonably predictable manner. One U.S. law that creates unique challenges for American firms operating overseas is the Foreign Corrupt. Practices Act, which prohibits the distribution of bribes and other favors in the conduct of business. 2. Should laws be flexible? * Rules and Regulations provide a framework to any system. I believe that Laws should never be bounded by situations they should be equal for everyone under any circumstances. Flexibility would only make the system vulnerable. 3. Are our laws fair? * There are, of course, abuses and mistakes by judges and juries, and procedural mishaps occasionally tip the scales of justice in the wrong direction. Sometimes—as in George McGovern’s case—innocent parties are forced to bear the cost of defending themselves in court. On the whole, however, the U.S. legal system is remarkably fair. 4. Do people consider laws fair? * I think most of the people consider that a United States law is not fair. 5. In the United States legal decisions are based on the rule of law. What is the rule of law? * Predictability and Fairness. How do we...
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...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 “to regulate Commerce with foreign Nations and among the several states, and with the Indian Tribes”. 13. To prevent states from establishing laws and regulations that would interfere with trade and commerce among the state, the Constitution expressly delegated to the...
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...lancehomework@gmail.com LSTD 207 Final Exam Part 1 of 1 – 100.0 Points Question 1 of 30 2.5 Points A defendant should always raise any objections to personal jurisdiction in the first response to the plaintiff’s complaint or the issue is waived and may not be reconsidered. True False Feedback: See pages 118, 120-121. A defendant must raise objections to venue, personal jurisdiction, and form and method of service of process in their first response to the complaint (pre-answer or answer) or the issue is waived and may not be reconsidered at a later time. Question 2 of 30 2.5 Points A defendant can remove a case from state court to federal court even if the federal court could not have heard the case initially. True False Feedback: See page 27- “FAQ”. Removal jurisdiction is available to defendants only in cases that the plaintiff could have commenced in federal court. Question 3 of 30 2.5 Points Is it possible for a defendant to file a motion to dismiss for personal jurisdiction and a motion for summary judgment simultaneously? A.Yes B.No Feedback: A motion to dismiss is asserted prior to the answer (as an alternative to an answer) or in the answer to the complaint. A motion for summary judgment is made after the filing of the complaint and answer. Question 4 of 30 2.5 Points John Doe (Arizona) sues Jane Smith (California) and Joe Johnson (California) in federal district court in California...
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...Persuasive authorities 2) Equity * Remedy, courts of law(king’s courts), remedies at law(legal remedies) * Equity, chancellor, courts of equity(chancery courts), remedies in equity(equitable remedies) * Plaintiffs, defendant * Action at law, action in equity * Merging * Equitable principles and maxims 3) Schools of legal though Jurisprudence * The natural law school * Legal positivism * The historical school * Legal realism, sociological school 4. Classifications of law 1) Substantive law & Procedural law 2) Civil law & Criminal law 3) National law & International law Chapter Two: Constitutional Law 1. The constitutional powers of government 1) Federal form of government: national government and the states share sovereign power. 2) Separation of powers: a system of checks and balances * Legislative branch * Executive branch * Judicial branch 3) The commerce clause * State regulatory power – police power * “dormant” commerce clause – negative aspect of commerce clause: the states do not have the authority to regulate interstate commerce (positive aspect: national government has the exclusive authority to regulate commerce that substantially affects trade and...
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...SEMINAR ON LEGAL CONSIDERATIONS Submitted by, TANIA M. JAMES Submitted on, 01- 11-2012 INDEX S.NO | TOPICS | PAGE.NO | 1. | OBJECTIVES | | 2 | INTRODUCTION | | 3 | DEFINITION OF LAW | | 4. | SOURCES OF LAW | | 5 | TYPES OF LAW | | 6 | SELECTED CATEGORIES OF LAW AFFECTING NURSES | | 7 | SELECTED LEGAL ASPECTS OF NURSING PRACTICE | | | COMPONENTS AND CHARACTERISTICS OF THE LEGAL PROCESS | | 8 | LEGAL PROTECTIONS IN NURSING PRACTICE | | 9 | | | 10 | NURSING PRACTICE AND THE LAW | | 11 | LEGAL ISSUES IN PRACTICE | | 12 | NURSE–CLIENT RELATIONSHIP | | 13 | LEGAL ROLES OF NURSES | | | SUMMARY | | | CONCLUSION | | | RESEARCH ABSTRACT | | 14 | BIBLIOGRAPHY | | OBJECTIVES * To introduce legal considerations * To define law * To understand sources of law * To list out the types of law * To explain the selected legal aspects of nursing practice * To understand the components and characteristics of the legal process * To explain the regulation of nursing practice * To enumerate standards of nursing care * To describeselected legal aspects of nursing practice * To explainlegal protections in nursing practice * To describe nursing practice and the law * To describe legal issues in practice * To explain nurse–client relationship * To list out the guidelines for safe nursing practice * To formulatelegal...
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...“A tort is a civil wrong for which the remedy is an action for unliquidated damages and which is not exclusively the breach of a contract, or the breach of a trust, or the breach of other merely equitable obligation”- Salmond The words ‘tort’ has originated from the Medieval Latin word ‘tortum’ which literally means injustice. But to be more specific, torts law is a vast branch of law which deals with civil wrongs like negligence (of different sorts), battery, harassment and trespass among others. In common parlance, torts may be described as the wing under which all claims pertaining to civil rights are brought and monetary compensation is awarded to right the people who have been hurt or their property damaged. Entering a property without...
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...Tort Law – Trespass to Land Tort Law - Definition A body of rights, obligations, and remedies that is applied by courts in civil proceedings to provide relief for persons who have suffered harm from the wrongful acts of others. The person who sustains injury or suffers pecuniary damage as the result of tortious conduct is known as the plaintiff, and the person who is responsible for inflicting the injury and incurs liability for the damage is known as the defendant or tortfeasor. Trespass to Land –Definition In modern law the word trespass is used most commonly to describe the intentional and wrongful invasion of another's real property. An action for trespass can be maintained by the owner or anyone else who has a lawful right to occupy the real property, such as the owner of an apartment building, a tenant, or a member of the tenant's family. The action can be maintained against anyone who interferes with the right of ownership or possession, whether the invasion is by a person or by something that a person has set in motion. For example, a hunter who enters fields where hunting is forbidden is a trespasser, and so is a company that throws rocks onto neighboring land when it is blasting. Every unlawful entry onto another's property is trespass, even if no harm is done to the property. A person who has a right to come onto the land may become a trespasser by committing wrongful acts after entry. For example, a mail carrier has a privilege to walk up the sidewalk...
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...Jimmy’s mom, John, Jimmy’s Poor-Man’s Bar (partnership owned by 5 partners), and the jewelry store sued Software Inc. for the damages caused by their employee. There are some questions or problems arising from this situation. First of all, Software Inc. needed to give Coleman the final interview upon as establish on Software Inc. employee’s contract. Can Coleman win this termination sue? Also if the incidents happened during the time that Coleman was supposed to be doing duties related to his job, Is Software Inc. liable for anything that happened in reference to Jimmy’s bar partners including his mom? The same law should be applied to both cases? About the incidents occurred with John at his dinner; John sued Software Inc. for the injuries suffered. Will John win his lawsuit? As CEO or head of HR, what...
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...McDonald onto her lap and sustained a series of third degree burns, and was awarded millions of dollars from her lawsuit against McDonalds. The coffee was not only hot, but it was scalding, capable of immediate damage to the skin, flesh and muscle (Letric Law, 2011). In addition to the above case, the Pearson v. Chung case, also known as the “pants lawsuit”, was also a well known case in America in 2005 (Lexis-Nexis, 2008). This is a case where an administrative law judge in the District of Columbia had taken a pair of pants to the cleaners for alteration and dry cleaning; and sued the cleaners for $67 million dollars for the loss of his pants. The case was considered frivolous and became a flashpoint in the debate in the United States over tort reform (Lexis-Nexis, 2008). The major focus of this paper will be to critically analyze these two cases on the stated facts, the issues, the applicable laws, and the decision of the judge and the jury. What are the facts? There are some facts associated with Liebeck v. McDonald’s case. The woman involved in this case was 79-year old Stella Liebeck of Albuquerque, New Mexico, who earned $5,000.00 a year as a sales clerk (Cain, 2008). On February 29, 1992, Stella, who was a passenger in Chris, her grandson’s car, a Ford Probe, ordered a cup of coffee at a drive-thru window at a local McDonald restaurant; and the coffee was served in a styrofoam cup (Letric Law, 2011). Furthermore, Chris drove away from the drive-thru window, stopped...
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...Tort Law in Health Care Administration: Examination of Negligence LaJuanda Williams LaTonya Reed John Hill Rita Ignatius Public Health Policy, Law & Ethics, PHS 512 Professor Green-Alexander April 11, 2007 Introduction to the Law of Torts A tort is a civil wrong, other than a breach of contract, committed against a person or property (real or personal) for which a court provides a remedy in the form of an action for damages. Tort includes both an individual personal and professional level which involves the healthcare field. A person who commits a tort is called a tortfeasor which can be held accountable for his or her actions in court (Pozgar 2004). Tort law is an important part of the common law and evolves on a case-by-case basis. Therefore, tort law is still predominately court-created law but legislatures are playing an increasingly active role. One example of this is legislators placing limits on the amount of damages that can be awarded in certain types of court cases (Lipthrott 2005). Although state and federal statutes define some aspects of tort law, contemporary tort law remains defined by judicial decisions. Tort can be an excellent vehicle for viewing the nature of the common law, and for observing how a given body of law evolves daily. The basic objectives of tort law are preservation of peace between individual by providing a substitute...
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...Law 252 Business Torts — Week One Course Reading Assignment 1 Part One: The "borderland" between tort and contract. Sommer v, Federal Signal Corp., 79 N.Y.2d 540 (1992); IKEA North American Services, Inc. v. Northeast Graphics, Inc., 56 F.Supp.2d 340 (S.D.N.Y. 1999). Part Two: Introduction to the economic loss doctrine. Grams v. Milk Products, Inc., 283 Wis.2d 511 (2005). ' I have edited the cases in this attachment. Le • ' 593 N.E.2d 1365 79 N.Y.2d 540, 593 N.E.2d 1365, 583 N.Y.S2d 957 • (Cite as: 79 N.Y.2d 540, 593 N.E.2d 1365, 583 N.Y.S.2d 957) Page I .'Sommer v. Federal Signal Corp. N.Y.,1992. Court of Appeals of New York. Beverly SOMMER et al., Respondents-Appellants, v. FEDERAL SIGNAL CORPORATION et Respondents-Appellants, andHohnes Protection, Inc., Appellant-Respondent, et al, Defendant (And a Third-Party Action and All Related Consolidated Actions.) May 12,1992. OPINION OF THE COURT KAYE, Judge. substitute-initially understood that 810 wanted normal service restored. But as the brief conversation proceeded, the dispatcher became confused by the caller's repeated insistence that he would "activate" the system and the dispatcher concluded-without attempting to elicit greater clarification from the caller, or any other confirmation-that 810 wanted its system taken out ofservice. Seven to nine minutes later, Holmes began receiving fire signals from the building. However, consistent with his mistaken impression that the system was to be taken out...
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...doctor must not in violate of duty of his service that is as a medical professional is not guilty of negligence. If he has acted in accordance with his service and with a proper responsible medical person experience is a special art. In this aspect the doctor is not a negligent. 2. Tort law Tort law covers in various areas like a claims of passenger insured in a road accident, a patient issue by doctor negligence. People arrested by police wrongly, and landowner land has been trespassed on. The tort law comes when there is a violation of general responsible duty fixed by civil law . Normally tort law is committed and allows the victim to claim towards financial due to damage of this personal so that it is a compensate for the commission of the tort. Basically the Tort Law involves violation of the duty that is fixed by the law. According to the above Bolam medical case as I mentioned above will comes under this law because the doctor negligence due to violating of his duty and responsibility to identify the patient treatment requirements. For example the duty of the doctor responsible as per the contract is a violate on his responsibilities is a issue in this situation. The tort main...
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...The Strict Liability Theory Introduction Strict Liability in simplistic terms can imply an individual or company being liable for their deeds, conducts and outcomes that result in damages to others. A personal complaint of injury for a strict liability case is not as a consequence of a foreplanned action or careless deed (Boatright, 2012). The respondent's action should have triggered strict liability and that the complainant suffered harm. In fact, one cannot understand what strict liability in the criminal law means, in the same token understand why it is considered unorthodox and morally dyslogistic. The respondent's responsibility and blameworthiness, or mental fault should be evaluated and, more particularly, the usual relevance of a respondent's mistakes in determining this error. Furthermore, strict liability is a form of responsibility that may occur in either a criminal or a civil context. Equally important to note, strict liability causes an individual to legally answerable for the loss and damage that his or her actions caused because of his or her deeds of omissions irrespective of incrimination. For strict liability to be induced and used in a lawsuit, proving fault or negligence is not the main desire but rather showing the danger to the complainant (Martin, 2014). Strict liability flows not from carelessness, but from the v option to conduct the activity at all. Strict liability does not base on a fault in the time-honored sense of the term, but on the policy...
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...Tort Issues Whether Barb committed any intentional Tort against Carol I. Whether Carol can seeks recovery for [4] a temporary trespass or nuisance (asserting claims for annoyance, discomfort, inconvenience, interference with their enjoyment of their property, loss of enjoyment of life, and personal injury. II. Whether Carol can maintain an cause of action for negligence or any other intentional tort, due to her contention that that offensive smoke have migrated from a neighbor's property onto the plaintiff's property or is the plaintiff limited to remedies under trespass and nuisance? Rule(s) of Law 1. Trespass Land: Defined: The Restatement (2nd) of Torts, section 329, states: A trespasser is a person who enters or remains upon land in the possession of another without a privilege to do so created by the possessor's consent or otherwise The traditional common law rule,-the dimensional test, provides that a trespass only exists where the invasion of land occurs through a physical, tangible object. See Adams v. Cleveland-Cliffs Iron Co., 237 Mich. App. 51, 602 N.W.2d 215, 219 (Mich. Ct. App. 1999). Under that rule, intangible matter or energy, such as smoke, noise, light, and vibration, are insufficient to constitute a trespass. Id.; Larry D. Scheafer, Annotation, Recovery in Trespass for Injury to Land Caused by Airborne Pollutants, 2 A.L.R. 4th 1054. 2. [23] Nuisance Defined: Restatement §822 defines a private nuisance as a substantial non-trespassory...
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