Injustice in the Prison System

In American society today, nonviolent offenders are prosecuted in much the same way violent offenders are. In California our justice system uses the three strikes law, which means habitual offenders; no matter the nature of the crime receive mandatory extended jail sentences after their second offense. While these crimes which they commit are wrong, the harm they inflict upon society is very low, hence the ratio of punishment to crime should be much lower. Using these ideals the prison system … Continued

Charles Manson

Charles Manson is an American criminal who was the leader of the cult “ the Manson family. He manipulated the people in his cult into committing the murders of the Tate and LaBianca family. The police didn’t find out who was responsible for awhile. But in December 1969, Manson and several of his followers were arrested.. The trial began on July 24th, 1970. On January 25th, Manson was found guilty of first degree murder and conspiracy to commit murder. On … Continued

Jack, Bert and Pratt

To research this scenario, One must look to the elements of Criminal Attempt-Murder. Murder is the unlawful killing of another human being with intention and malicious aforethought. (USLegal INC, 2010) Criminal Attempt requires three things; an intent or purpose to commit a particular crime, an overt act toward accomplishing that target crime, and a failure to complete the target crime. (Lippman, 2007) In this scenario, Jack approached the car with the intent to shooting and killing Bert, obvious malice aforethought. … Continued

Capital Punishment

Ethical arguments for and against an issue can be divided into consequentialist, deontological and virtue-based. Some arguments cannot be clearly assigned a category. Categorisation of arguments for and against the death penalty. 1. Consequentialist arguments: the deterrence argument, the prevention argument, economic arguments, effectiveness of the judicial and penal systems 2. Deontological arguments: the retribution argument, discriminatory use of the death penalty, right-to-life arguments, consideration of democratic rights 3. Virtue-based arguments: the rehabilitation argument, cruel and unusual punishments, 4. Mixed arguments: … Continued

Individual Theories

Juvenile delinquency is a world problem that has been around for centuries. But it is only now in this present era that the problem is truly being recognized due to the amount of problems and issues it brings before the courts with young and under age adolescents. Because of this research is being done to pinpoint the exact causes and reasons for juvenile delinquency. It is common knowledge that children or teenagers are not created alike, nor do they think … Continued

Tort Reform

Tort reform is a group of ideas and laws designed to change the way our civil justice system works. It’s designed to make it more difficult for injured people to file a lawsuit, make it more difficult for injured people to obtain a jury trial, and to place limits on the amount of money injured people receive in a lawsuit. In my opinion it’s just all a load of crap that takes a dump on our already sketchy legal system. … Continued

Torts – Defenses

This is a defense of denial that is a COMPLETE DEFENSE against any imputation of negligence. The defendant, in order to be absolved from liability must be able to prove that he exercised the proper degree of diligence agreed upon in the contract or required by the nature of the obligation and corresponds with the circumstances of the persons, of the time and of the place. In essence, the defense is directed against the second requisite that “there must be … Continued

Intentional infliction of emotional distress

1) Introduction a) Definition – A tort is a civil wrong, other than breach of contract, for which the law provides a remedy. A person who breaches a tort duty (i. e. , a duty to act in a manner that will not injure another person) has committed a tort and may be liable in a lawsuit brought by a person injured because of that tort. Torts is a fault-based system. b) Purposes of tort law: (1) to provide a … Continued

Torts Outline

Battery is the (1) intentional infliction of (2) a harmful or offensive (3) contact. Offensive includes acts damaging to a “reasonable sense of dignity. ” No knowledge of contact is required. (Rationale: protection of personal integrity. Freedom from intentional and unpermitted contact. Offensive harm included b/c of mental injuries). ? To have a claim of battery, there must be a claim of fault, negligence, or wrongdoing on the part of the party doing the touching. VanCamp v. McAfoos (a little … Continued

Negligent Tort

Negligence is neglect or disregard. Tort is a legal misgiving. Negligent tort is a type of tort in the legal system. The concept encompasses that of which an occasion where an individual’s “acts leading to injury are neither expected nor intended. ” (Yell, 1999) In this paper, the elements of a negligent tort, the concepts of proximate causation and duty of care, and types of remedies for finding tort liability will be explored. Elements of Negligent Tort There are three … Continued

Defamation in Tort

Defamation protects an individuals reputation. Slander refers to a malicious, false, and defamatory spoken statement or report (non- permanent), while libel refers to any other form of communication such as written words or images. (permanent) The fundamental distinction between libel and slander lies solely in the form in which the defamatory matter is published. If the offending material is published in some fleeting form, as by spoken words or sounds, sign language, gestures and the like, then this is slander. … Continued

Torts Outline

|Intent |Recklessness |Negligence |Strict Liability | |R 3d § 1 |R 3d § 2 |R 3d § 3 |R3d § 20, Products Liability | |R 2d § 8A |R 2d § 500 |R 2d § 283 |R 2d §§ 402A, 519 | |Act with purpose of producing the|Acts with knowing indifference to a |Does not exercise |Engages in certain conduct that | |consequence or knowing that the |risk of harm that would be obvious to |reasonable care under all |causes … Continued

Tort Walk

While conducting a tort walk at one of the local middle schools we identified several possible torts. One was of a building code violation, another in the way money was handled in the lunch room. I am going to pursue the building code violation and what the possible injury could be if not corrected. Upon our tort walk we discovered several windows open to the common areas. These windows were out far enough for a person to walk or run … Continued

Torts Notes

Torts law used to be judge made, similar to common law 20th century statues came in Workers Compensation scheme, Motor Accidents Scheme, Occupational Health and Safety (Factories Act), Dust Diseases Schemes. Drug Compensation Schemes (uk). Characteristics of torts: 1. Wrongful conduct (by way of an act or omission) 2. Infringement of a person’s rights 3. An Available action for damages LAW REFORM AFTER 2002 * RECENT push to regulate the law of negligence in relation to personal injury * INTRODUCED … Continued

Torts Outline

a. A tort is a civil wrong, other than a breach of contract, for which the law provides a legal remedy. b. Area of law that imposes duties on persons to act in a manner that will not injure other persons c. A person who breaches a tort duty may be liable in a lawsuit brought by a person injured by that tort d. Initially, you had to have a writ from the King in order to have a claim … Continued

Tort Reform

In the United States justice system, a tort is best defined as an injury or loss that was committed deliberately or negligently by a single person or an entity (Crane). The history of tort law can be traced back to the initial trespass of property or person, but it was not until the 18th century that the distinction between intentional and unintentional acts was made (Columbia Electronic Encyclopedia). In recent years, tort law has become the center of scrutiny through … Continued

Tort of Negligence

Throughout the course of this report, to determine if the plaintiff is owed a duty of care in negligence, we will adhere by the Singapore single test of negligence laid out in the case of Spandeck Engineering (S) Pte Ltd v Defence Science & Technology Agency [2007] SGCA 37; [2007] 4 SLR 100, which states that the following factors must be satisfied in order for a duty of care in negligence to arise: 1) Test for factual foreseeability 2) Test … Continued

Tort Law: Assignment II- The Element of Alternative Liability

Introduction This essay is an attempt to advise Changwa on the area of law under which he can bring an action in view of the facts given in the question. The essay will also attempt to advise Changwa with respect to the person against whom such action can be brought. In order to achieve this end, the essay will pay particular attention to the salient elements he has to establish in the area of law identified, if at all he … Continued

Bargained-for Legal Value

called consideration. The consideration provided by one party to the other must be something that is bargained-for by the other party and have legal value. Whether or not something is considered bargained-for depends on the facts and circumstances surrounding the transaction. Essentially, the consideration must be something that the other party has asked for in exchange for the consideration that they are going to give up. For example, suppose A promises to pay B $50 if B mows A’s yard. … Continued

Commercial law

Commercial law (sometimes known as business law) is the body of law which governs business and commercial transactions. It is often considered to be a branch of civil law and deals both with issues of private law and public law. (Freeonlinedictionary, 2008) The legal formalities of the real estate from finding the property, making arrangements with the sellers of that property to the signing of the contracts were done in a haphazard sort of way. A better way of doing … Continued

Basic Principles of Tort Supported by Case Law

Introduction This essay is an attempt to advise Changwa on the area of law under which he can bring an action in view of the facts given in the question. The essay will also attempt to advise Changwa with respect to the person against whom such action can be brought. In order to achieve this end, the essay will pay particular attention to the salient elements he has to establish in the area of law identified, if at all he … Continued

Tort Law – Liability as Invitee or Licensee

The difference between an invitee and a licensee is the level of duty of care owed to each by the landowner. A person who enters the premises of a landowner by invitation, as part of the general public for a lawful purpose, would be considered an invitee. The landowner must provide an invitee reasonable care to keep the invitee safe from harm. This means the landowner must be aware of impending dangers and exercise care in reducing or eliminating these … Continued

Duty of care

A tort is a species? , ? , of civil injury or wrong. The distinction between civil and criminal wrongs depends on the nature of the appropriate remedies provided by law. A civil wrong is one which gives rise to civil proceedings which have as their purpose the enforcement of some right claimed by the plaintiff as against the defendant. Criminal proceedings, on the other hand, are those which have for their object the punishment of the defendant for some … Continued

Tort – Common law

Tort: Negligence: MEDICAL Prima facie duty owed by the Hospital/Doctor to patient Cassidy v Ministry of Health (Vicariously liable) BREACH via Standard of Care Wilsher v Essex Experience irrelevant as a doctor; trainee or not, same standard “Bolam Test” Bolam v Friern Management Hospital Committee Expert opinion/body of professional opinion, vice-versa test Level of skill and competency Bolitho v City of hackney Health Authority Applied Bolam Test, opinion must be based on logic and be defensible CAUSATION. Both “Factual” and … Continued

Tort – Legal terms

Intentional Interference With Person or Property A. Intent 2 types 1. Specific Intent consciously desiring the physical result 2. General Intent knowledge that the result is substantially certainty to follow -The Restatement places torts somewhat on a continuum with Negligence The most culpable form of intent would be a specific intent, or morally apprehensible form of misconduct you swing a baseball bat to hit someone in the face General intent would be next on the continuum knowing with substantial certainty. … Continued

Effects of Urban Crime on the Urban Environment

“Greater concern about terrorism places new opportunities before the design community. If protection is considered from the outset, design can make buildings and people safer. ” Introduction Violent crime was the issue of the nineties, while terrorism has become the talk at the onset of 21st century. Understanding crime prevention design is therefore an invaluable tool in organization and maintenance of order in our societies. Planner and sociologist Duncan describes “ a social problem as a recurrent condition that has been … Continued

Courts Real vs Fiction

Reality and Fiction: the True View 1 Reality and Fiction: the True View Americans rely a great deal on their entertainment to educate them about life. In many ways Americans live vicariously through the experiences of fictional characters and believe themselves to learn many things from fictional characters. For example, many persons have said they learned CPR by watching medical shows on television or believe they can assist in a medical emergency because they have seen “experts” on television handle … Continued

Violation of Women Rights in Saudi Arabia

The phrase “women rights” refers to the entitlement and the freedom that is given to women and girls. Whether women rights are respected in various parts of the world depends on the behavior of members of the society towards women, their status in the society, and their role in the society based on the traditions and beliefs. The ignorance or suppression of the women rights is considered to be one through which the women’s rights are violated. Due to the … Continued

Humanitarian Rights

Republic of Sudan which is the largest country in Africa has been roughly affected. The causes of bringing it to this condition are many but the main cause remains the civil conflict. Millions of people had to put their hands up from their lives either by fighting or by the conflict induced due to dearth. Beside this, another millions of them, according to an estimate, were dislodged from their homes. Sudanese government forces and (SPLM/A) the rebel Sudan People’s Liberation … Continued

Child and Juvenile Offenders in America and Abroad

Crime happens anywhere, anytime and anyhow. In any country, crime happens not just everyday but in every tick of the clock. There is a crime or rather; there are crimes that occur in any corner of any country. Adults are thought to be the most crime offenders but young people nowadays are growing in numbers not just in America but also in other countries. It is quite alarming that many of children and youngsters that are involved in different crimes. … Continued