An analysis of the use of force and civil liability among police officers.
Essay # 56322 |
1,933 words (
approx. 7.7 pages ) |
26 sources |
MLA | 2004
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$ 36.95
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Abstract
This paper examines civil liability in terms of use of force as it relates to police officers. The paper determines the steps that can be taken to reduce the excessive use of force and regain the trust of citizens. A comprehensive literature review that defines the issue and its consequences is included in the paper.
From the Paper
"If jurisdictions want to reduce the likelihood of having to deal with a civil liability case because of excessive force, one report suggests that they hire more female officers. According to a report published by The National center for women and policing female officers are less likely to use excessive force than male officers. Harrington et al (2002) asserts, "that only 5% of the citizen complaints for excessive force and 2% of the sustained allegations of excessive force in large agencies involve female officers. Women also account for only 6% of the dollars that are paid out in court judgments and settlements for excessive force among large agencies."
Tags:excessive, violence, litigation
This paper discusses cases of product liability law, meaning manufacturers are responsible in civil liability court for damages arising from use of their products whenever a consumer suffers harm by virtue of a defect in the product.
Essay # 52194 |
850 words (
approx. 3.4 pages ) |
7 sources |
APA | 2004
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$ 18.95
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Abstract
This paper explains that the Uniform Commercial Code sets forth liability under the implied warranty of merchantability in states that have adopted only the Uniform Commercial Code instead of imposing strict liability negligence statutes for defective products. The author points out that, in states with strict liability statutes for defective products, tort liability is predicated on three specific types of defects: manufacturing defects; design defects; and failure to warn. The paper relates that, conversely, in states relying on the U.C.C., liability is predicated on contract law for breach of warranty.
From the Paper
"Under contract theory, this express warranty would seem to trigger
liability for breach of warranty, in addition to strict liability under tort theory for failure to warn, one of the traditional avenues to establishing strict liability under California's definition of a defective product. Ordinarily, liability is a function of the absence of an adequate warning of potential danger. Mongo failed to provide any such warning and actually provided an express warranty as to the absence of any dangers "inherent" in cherry pies. Recent California case law would have required warnings even where the danger encountered by the consumer is natural to the product in question, such as a cherry pit in a cherry pie."
Tags:contract, mango, code, mexicali, california
A discussion on the vicarious moral liability of bartenders.
Persuasive Essay # 115016 |
2,143 words (
approx. 8.6 pages ) |
6 sources |
APA | 2009
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$ 40.95
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Abstract
The paper relates that current penal law and theories of civil liability hold bartenders criminally responsible and civilly liable for the harms caused to others by their serving alcohol in excessive amounts to patrons who exhibit signs of intoxication. The paper goes on to reveal that current law does not recognize bartenders' responsibility for harms caused by drivers whose intoxication is not outwardly obvious, despite the fact that alcohol consumption can play a major role in vehicular accidents. However, the paper contends that moral responsibility transcends arbitrary numerical measurements of intoxication, creating a moral responsibility beyond that which is defined by the law.
Outline:
Introduction
Thesis Statement
The Basis of Legal Liability
A Deficient Theory of Responsibility
Differentiating Moral Responsibility from Legal Responsibility
Conclusion
From the Paper
"The legal concept of vicarious liability applies to factual circumstances where a distant party is considered responsible for the actions of another that cause harm to a third party; it may arise in several different types of relationships, including parent-child, employer-employee, principal-agent, vendor-consumer, among others (Friedman 2005).
"Criminals are considered to be criminally responsible for the actions of their collaborators, and business ventures are considered to be liable under civil law for damages caused by their improper actions or by their improper failure to act under circumstances where their improper action or non-action either caused or contributed to the causation of harms to third parties that were reasonably foreseeable in advance of that harm (Friedman 2005)."
Tags:intoxication, drivers, alcohol, influence, morals
Looks extensively at two questions in the case of medical liability in a Philippines' government hospital.
Case Study # 147657 |
6,605 words (
approx. 26.4 pages ) |
23 sources |
MLA | 2011
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$ 90.95
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Abstract
This paper first reviews the facts in this case and discusses the liability issues when an operation is videotaped and circulated on the Internet without the patient's consent. Next, the author details prior legal cases to determine the employee-employer relationship between physicians and VSMMC government hospitals. The paper concludes that the causal effect of a medical's team breach in standard hospital procedures is established and, as government employees, the physicians and nurses comprising the medical team are liable under graft and civil service laws notwithstanding criminal and civil charges. The paper includes footnotes, which contain MLA-style references, and quotations.
Table of Contents:
Question Presented
Short Answer
Statement of Facts
Discussion
First Issue: Determination of Liability of Medical Team
One Operating Team per Operating Room
Use of Mobile Phones
Respect for Patient's Rights
Malpractice
Second Issue: Determination of Existence of Employee-Employer Relationship
VSMMC is a Government Hospital
Physicians are Employees of VSMMC
Hospital Liability
Conclusion
From the Paper
"Now, Arias contends that several of his actuations were simply manifestations of jubilation and relief for having conducted a successful procedure , and not expressions of bad faith or misconduct. He qualified his admittance of spraying the canister towards the crowd, by saying he was trying to determine whether or not it had leaked, for had it been so, another operation is necessary. Such an argument seems to be afterthought and does not validate the lack of professionalism he so wantonly exhibited in front of his colleagues."
Tags:confidentiality, solidary liability, hospital policies, documentation, public officers
This paper reviews what are civil actions.
Essay # 71682 |
690 words (
approx. 2.8 pages ) |
9 sources |
2003
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$ 14.95
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This paper discusses the legal recognition of grounds for a civil lawsuit including acts of negligence, intentional torts and strict liability as forms of tortious conduct. The author points out damages in civil actions and their purpose.
From the Paper
"Negligence, intentional torts and strict liability are all forms of tortious conduct for which the law recognizes grounds for a civil lawsuit The word tort comes from the Latin word tortus which means twisted or wrong. Tort has come to mean a ..."
Tags:negligence, intentional tort, strict liability, torts, civil actions
An exploration of criminal liability and professional requirements for physicians in Tennessee.
Term Paper # 134129 |
2,000 words (
approx. 8 pages ) |
0 sources |
APA |
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$ 38.95
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Abstract
The purpose of this paper is to discuss criminal liability and professional requirements for physicians, with a special focus on the requirements in Tennessee. Within this paper, the writer covers four areas: - Identify the civil complaint process for patients/consumers to use in the event of suspected professional misconduct or incompetence. - Explore the role of the respective regulatory agencies in investigating such allegations and determining and applying appropriate disciplinary action, if any. - Identify any potential criminal liability that could result to the health care professional relative to abuses perpetrated in practices involving these procedures, as well as professional misconduct. - Ascertain the process that would be followed in the event that criminal charges were to be filled for the described criminal behavior.
Tags:liability, physician, tennessee
Looks at the legal implications of tort and claim liability in the Exxon Valdez by analyzing common law versus maritime law.
Case Study # 144761 |
3,000 words (
approx. 12 pages ) |
6 sources |
APA | 2010
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$ 53.95
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This paper explains that, in the environmental disaster caused by the grounding of the oil tanker Exxon Valdez in Alaska, ethic of care established in the civil law did not constitute a maritime tort in maritime law; therefore, the scope of liability has resulted in innumerable hours of litigation and appeals. Next, the author reviews these legal and ethical aspects of this case. The paper concludes by recommending actions to prevent such disasters from occurring again.
Table of Contents:
Case Details
Background
Legal Analysis
Ethical Analysis
Contributing Factors
Ethical Decision Factors to Consider
Recommended Corrective Action
From the Paper
"The Exxon case provides ample opportunity for the redevelopment of federal consumer protection laws, but has subsequently ended with little or no resulting change, as late as 2008 the Supreme Court again reduced the liability of the company to a paltry 507.5 million dollars, taking into consideration amount the company has already paid for compensation as well as clean up of the spill. The subsequent attempts to recoup any funds lost by consumers for increased oil prices have failed."
Tags:drunk stakeholders culpability, federal consumer protection laws, benchmark
This paper discusses the professional regulations and criminal liability among Arizona physicians.
Analytical Essay # 123602 |
1,250 words (
approx. 5 pages ) |
9 sources |
APA | 2008
|
$ 25.95
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Abstract
In this article, the writer describes the process of regulating medical doctors in Arizona, along with an overview of the criminal and civil proceedings that can be levied against physicians believed to have behaved wrongfully.
From the Paper
"Like other States, Arizona faces both a chronic shortage of registered licensed certified and vetted health care professionals including physicians nurses pharmacists and practitioners of the various therapies as well as the necessity of ensuring that such professionals are properly regulated and licensed to ensure their competency for practice. A major cause for concern according to experts is that among physicians specialization is becoming increasingly commonplace leaving significant gaps in the ranks of family physicians or general ..."
Tags:law, crime, physicians, Arizona, medical malpractice, regulation
This paper discusses professional regulations and criminal liability with a focus on professional nursing.
Analytical Essay # 123840 |
1,500 words (
approx. 6 pages ) |
10 sources |
APA | 2008
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$ 29.95
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In this article, the writer considers issues associated with four factors that are affected by the regulation of health professionals in California.
From the Paper
"Professions associated with the healing arts are highly regulated in California. The regulations affect providers patients and institutions. This paper considers issues associated with four factors that are affected by the regulation of health professionals in California. The four factors are the civil complaint process, the role of regulator agencies in the investigation of civil complaints, the determination of criminal liability and the process involved in filing criminal charges. The specific focus ..."
Tags:nursing, California, criminal liability, regulation, civil complaint
This paper discusses sexual harassment and employer liability: Civil rights issues, problems of definition, types of harassment, laws and court decisions.
Essay # 21975 |
1,350 words (
approx. 5.4 pages ) |
7 sources |
1995
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$ 27.95
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From the Paper
"In 1993, the U.S. Supreme Court once again reviewed the issue of sexual harassment in the workplace. Its unanimous decision in favor of the woman who claimed to be a victim of sexual harassment at work, in Harris v. Forklift Systems,. guaranteed that the issue will remain a high priority in labor-management relations. This research examines the development of sexual harassment and employer liability and responsibility. The difficulties of a legal definition are explored, along with the rights for victims that have thus far been established.
There is a widespread consensus that sexual harassment is a serious problem. The sheer specter of risking or losing one's livelihood because of sexual harassment by an employer or supervisor is abhorrent to most people. Not only is sexual harassment at the workplace morally reprehensible, it can also ... "