TORTS: A tort is a wrongful act that injures or interferes with another's person or property. A tort case is a civil court proceeding. The accused is the "defendant" and the victim is a "plaintiff." The charges are brought by the plaintiff. If the defendant loses, the defendant has to pay damages to the plaintiff.
CRIMES: A crime is a wrongful act that the state or federal government has identified as a crime. A criminal case is a criminal proceeding. The accused is also called a 'defendant". The victim is the person who has been hurt or the state of Georgia or other governmental entity. The charges are brought by the government. If the defendant loses, the defendant must serve a sentence. A fine is paid to the government and there is possible
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Nuisance is traditionally used to describe an activity which is harmful or annoying to others such as indecent conduct. Nuisances either affect private individuals or the general public. The claimant can sue for most acts that interfere with their use and enjoyment of their land.
Task 3
In this task you will explain the law of tort in relation to vicarious liability in the context of a fact situation
Answer. Employers are vicariously liable for the torts of their employees that are committed during the course of employment. In the case study driver and company both are coming under the vicarious liability because company order to the driver to deliver the product in the new area driver has not knowledge about the new area so that’s way accident happen but he is on the intended delivery area directly driver liable to situation and as a third part company also liable to accident. Task 4
In this task you will explain the law of tort in relation to general defences for torts in the context of a fact
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Answer.
In this case study we assume Sid and city council both are responsible for the accident they are coming under the vicarious liabilities. Auckland city council hire to Sid for perform the action they sign the contract with the Sid to assembled and installation of sculpture with securely attached to the ground but Sid did not done his job properly the sculpture was not proper attached with ground the Auckland city council gave him this important task so we advice to J. Low Limited recover the damages from both Sid and city council.
Task 6
In this task you will apply the law principles in relation to defences available to an action in negligence the context of a fact situation.
Answer. In this case study we assume James already aware about the risk this is violenti non fit injuria situation so he cannot apply for the compensation. Violenti non fit injuria is a defence it is implement on that situation where people aware about the risk but they willing to take the risk. (duhaim,org
Prosecutors have lots of discretion when it comes to deciding whether or not to charge people. Next, he or she makes an initial appearance before a magistrate. At this time, decisions regarding bail are also made. Sometimes—but not always—the next step is for the defendant to appear at a preliminary hearing, where it is decided whether or not probable cause exists that the defendant committed the crime he or she is charged with. Next, a grand jury hears the state's evidence on the case and may or may not bring back an indictment against the defendant.
Out of the over 350,000 cases brought to trial in the United States District Courts in 2016, almost 275,000 of them were civil and nearly 80,000 were criminal. No matter the type of case brought to court, both present evidence in front of a judge, resulting in a sentence after careful deliberation. Although there are multiple similarities between civil law and criminal law, there are many differences that differentiate the two as well. A criminal case deals with any sort of punishable offense against society.
Plaintiff is a person who brings a case against another in a court of law. In the movie a Civil Action, where 28 children diagnosed with acute lymphocytic leukemia after toxic chemicals were spilled into a nearby municipal wells. Once the families learned about the toxic chemicals they filed a suit against two local companies W.R. Grace & Co. and the Cryovac Plant. In the film, A Civil Action, Ann Anderson, the Canes family, Tombies, Sonas, Robins, and A Fieros are the plaintiffs (1). Jan Schlichtmann took on the eight million dollar case against these two companies, in order, to find some relief for the families.
1. A court proceeding where a person who is charged with committing a crime against the state is brought to trial to be found either guilty or not guilty. Del Mason was brought into court on the suspicion that he had robbed a bank, which would be a crime against the state. 2. A civil case involves two or more parties in a legal dispute.
The divisions of a standard national system include courts of individual jurisdictions, trial courts, appellate courts, and the Supreme Court. What is civil litigation? Civil litigation is a dispute between two parties seeking money compensations. What are the most common discovery techniques?
When a person in the United States commits a crime they will be penalized for that said crime. The United States criminal justice system is the department established by the government to control crime and impose penalties on those who violate the law. The criminal justice system has allowed the government to lock away several people who have committed several crimes and who are a danger to society. With that being said, the criminal justice system also has some flaws. For instance, sometimes wrongfully convicted people get put in jail like in Adnan Syed’s case.
The reason O.J. was found not guilty of murder and acquitted in criminal court, but found guilty of the tort of harm and ordered to pay damages in the civil court lies in the structure of our legal system, in regards to criminal cases and civil cases. The distinct difference between criminal cases and civil cases provides further explanation regarding the O.J. Simpson case. Criminal cases deal with crimes against society. It is the government, not the victim, who brings action against the charged individual. In criminal cases, the penalties can include a number things including jail time.
A criminal is someone that commits criminal like activities such as murder, theft, arson, robbery, etc. with the intent to harm another person and/or pursue personal goals. There is no constraint as to who can be a criminal; criminals do not have to be a specific race, gender, age, or particular sexuality. Some, if not most, criminals commit crimes due to either have learned the behavior, have the ability to do so freely, or their connection with social bonds.
The company failed to ensure that the walls of the excavation be sloped or supported as required by regulation. 3. Why was it “unavailing R. Williams to argue that employees must take greater care to avoid placing themselves in harm’s way”? What role, if any, should employees’ actions have in determining liability under the OSH Act? According to our text, a claim like this misconstrues the purpose of the OSHA safety standards.
Violation of penal law, like murder or speeding, that is prosecuted by the state are known as criminal cases. If the lawbreaker is convicted, then they could possibly be charged with, either or both, a fine or imprisonment. Burden of proof is an important factor that differs between these types of cases. It is the duty and degree to which a party in a court
Criminal Law: It is mostly statutory and it covers specific wrongs that are considered social evils and threats to a community. The state not the victim are the prosecutors also known as a plaintiff. There are three categories for the offenses. There are misdemeanors, Petty offenses, and Felonies.
Know the Diverse Benefits of Availing Small Claims Services A small claims court is a special court where disputes are resolved swiftly and inexpensively. It does not require any attorney, and here, the hearing is informal. It covers an encompassing range of cases, such as: • Property damage or personal injury from a car accident • Landlord/tenant security deposits • Damage to your property by a neighbor • Disputes with contractors about repairs or home improvement jobs • Collection of money owed • Homeowner association disputes If you are filing the claim, you will be called as plaintiff, whereas if you are being sued, then you will be defendant.
A player on a Rugby team had extended his arm during a tackle which caused the opponent to break his jaw. The judge ruled that the club is responsible due to vicarious liability in having players carry out actions on demand of the club. The player’s action was revealed to be part of a strategy to get rid of one of the three players on the opposing team that would make the game difficult for them to win. This case is different in ruling due to the fact that the players are under a payed contract as an employee to play the
In his complaint, which tort theory is Julian’s attorney most likely to allege and what will he have to prove for Julian to be successful? Julian’s attorney is most likely to allege that mike reacted in a negligent matter in his complaint. As people it is our duty to act reasonably. A reasonable person would not have picked up Julian after witnessing him take a kick to the head. A reasonable person should not move a person who has received a kick to the head.
There are three components that make up the criminal justice system – the police, courts, and correctional facilities – they all work together in order to protect individuals and their rights as a citizen of society to live without the fear of becoming the victim of a crime. Crime, simply put is when a person violates criminal law; the criminal justice system is society’s way of implementing social control. When all three components of the criminal justice work together, it functions almost perfectly. For a person to enter the criminal justice system, the process must begin with the law enforcement.