Abstract This paper examines civilliability 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."
This paper discusses cases of product liability law, meaning manufacturers are responsible in civilliability court for damages arising from use of their products whenever a consumer suffers harm by virtue of a defect in the product.
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."
Abstract 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 ..."
Abstract The paper relates that current penal law and theories of civilliability 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)."
Abstract The paper begins with an overview of how criminal liability is measured in terms of the degrees and principles surrounding liability. The crux of the paper, however, concentrates on aspects of the legal framework that provide defenses to criminal liability. This analysis is then supported with a theoretical framework and findings from the literature that are used to provide thorough analyses related to defenses to criminal liability.
Outline:
Introduction
Legal Framework of Criminal Liability Strict Liability and the Defense
Justification of Criminal Conduct
Criminal Liability Defense
Conclusion
From the Paper "The criminal liability relationship highlighted within the paper and later presented with examples for defenses to criminal liability is affected by differences related to types of crimes; such as, criminal conduct and true crimes. That is, the degree of liability within the former does not require all of the principles to be upheld while with the latter it is necessary that the corpus delicti rule holds. As such the measures of criminal liability are different across categories and may not be easily quantified in the relationship outlined in the equation specified throughout the paper. An example of the former is a burglary while of the latter its homicide, the difference within these two crimes is a clear indication of why criminal liability is not a trivial issue and why it is not always a direct relationship and how defenses can be formulated within the legal context (Schellenger & Wittmer, 2003, p. 1).
In the general scenario, the degree of liability can be easily established via culpability, capacity, and responsibility along with the five principles highlighted, however the logical structure of criminal liability is not as simple as the formula above highlights but has different scenarios and principles that will affect how the law is quantified or how the degree of criminal liability is measured."
Abstract The paper states that the Financial Accounting Standards Board (FASB ) Financial Accounting Standards Board report entitled "Selected Issues Relating to Assets and Liabilities with Uncertainties" was based on a joint 2004 project between FASB and IASB with the purpose of improving the organization's conceptual framework and concerns the ethical obligations of the accountant's reporting requirements. The paper notes that the areas the report seeks to improve focuses on establishing objectives for better financial reporting by creating qualitative characteristics to be used when conducting financial reporting. The paper comments that the main area of interest in the report is assets and liabilities, primarily the role of probability and uncertainty in defining, recognizing and measuring assets and liabilities. Thus the paper highlights that the goal of the report is to establish an objective framework to be used when reporting on the financial issue of probability and uncertainty and its role in measuring assets and liabilities.
From the Paper "According to the current conceptual frameworks, uncertainty is acknowledged as part of the proper definitions of both assets and liabilities. However, neither of the organization's frameworks impose a necessary "threshold level of probability or expectation of cash inflows or outflows in order for an item to satisfy the definition of an asset or liability." Further, the current IASB framework does include a probability threshold criterion as part of its recognition criteria, whereas no such criteria exist in the current FASB conceptual framework."
Abstract The evolution of product liability in terms of the law of negligence represents one of the more fascinating developments in tort law over the past two centuries. In the 21st century the issue of product liability is particularly prominent in the public consciousness with the increasing size and economic importance of the industrialized consumer economy. This essay focuses on the law of negligence with particular reference to the issue of product liability.
Abstract This paper provides an overview of all aspects of limited liability companies (LLC). With the exception of corporate entities, the LLC is the only form of legal entity that lets all of its owners off the hook for business debts and other legal liabilities, such as court judgments and legal settlements obtained against the business. This paper studies the legal and tax-structures of LLCs, such as membership, capital contributions and legal precedents and trends regarding LLC tax structure. They paper pays close attention to the similarities and differences between LLCs and partnership arrangements.
Members of LLCs
Legal Challenges of International LLCs
Legal Trends
Capital Contributions
From the Paper "In some states, professionals such as lawyers, doctors, veterinarians, architects, life insurance agents, and accountants are allowed to set up LLCs. These are designated Professional Limited Liability Companies (PLLCs) and have the same characteristics as regular LLCs. A domestic LLC is one that is formed in the state where the business is conducted. A foreign LLC is one that is formed in a state other than the one where the business is being conducted. A person would choose to form a foreign LLC because another state may have more business laws than the state where the business is being conducted."
Abstract The various legal systems, the various rules of liability, and the unfathomable number of possible economic outcomes make a brief analysis impossibly difficult. Nevertheless, with a few simplifications, it is possible to shed some light onto the general concepts that surround the issues. This is what this paper proposes to do.
Abstract This paper examines tort liability in six different cases involving XYZ Limited. Among other things, the paper explores the appropriateness of the initial XYZ response to various issues and it also explores the legal underpinnings upon which will be based future actions. Ultimately, it may be said that the paper explores the complexity of tort law as it exists in the United Kingdom.
From the Paper "Tort liability in English law is an extremely complicated matter. Because of this, the following paper will examine six cases involving tort law and attempt to determine the statues and or legal authorities that might guide a business decision in various situations where tort liability has been alleged. As will become apparent, organizations owe it to themselves to prepare as much as possible for possible suits as they are an inescapable part of doing business. In the first three cases to which we turn, both sides of the matter must be explored. From Bill's perspective, he was misled as to the vacation cottage he would occupy and he feels strongly that he should be recompensed for his inconvenience; in light of the inaccurate - possibly fraudulent - misrepresentation given to him by the now-insolvent travel company, his anger is perfectly understandable."
Abstract This paper discusses the origin, extent and end of civil government and compares the views of Aristotle, John Locke, and Montesquieu on why we need civil government, what that civil government should be, and what that civil government does for us. The first part of the paper is very specific in describing what each philosopher thinks of the origin, extent, and end of civil government. The end examines the extent to which our Constitution was found on the political philosophies of the liberals.
From the paper:
?Nearly 2000 years elapsed between the time that Aristotle expressed his theories on political philosophy and the time that Locke and Montesquieu expressed theirs, this accounts for many of the differences in their thinking. Aristotle wrote his philosophy from an ancient point of view and when Hobbes came along during the Enlightenment, he changed political philosophy forever. Hobbes influenced both Locke and Montesquieu this is probably why they both differ so much from Aristotle. The liberals, as Locke and Montesquieu were, hold in common one fundamental premise: the freedom and equality of human beings. This is why they back away from Aristotle's emphasis on virtue. Aristotle spends much of "The Politics" discussing regime, while Locke and Montesquieu are simply more concerned with establishing some for of civil government.?
This freshman paper shows how American civilization is probably the world's most peculiar civilization. As it came to replace the indigenous civilization of the native Indians, it also laid the foundations of a culture that was a mixture of several Europe
2,150 words (approx. 8.6 pages), 4 sources, 2002, $ 80.95
Abstract This freshman paper shows how American civilization is probably the world's most peculiar civilization. As it came to replace the indigenous civilization of the native Indians, it also laid the foundations of a culture that was a mixture of several European cultures and trends. The following paper discusses the culture, influence of European colonialism, African migrants and the native Americans with respect to its development into a civilization.
Tags: ARCHITECTURE / CONTEMPORARY AND HISTORICAL STUDIES, origins american civilization
Abstract The television media was a crucial vehicle in the ascendancy of the civil rights movement in the 1960s. In many respects, the media helped civil rights succeed during this period, which explains, in part, why civil rights efforts were not as successful during the pre-television period. Even more interesting, and perturbing, is the fact that the post-civil rights period witnessed television playing a negative influence in the context of African-American equality. Indeed, as the theme in Todd Gitlin's "The Whole World is Watching: Mass Media in the Making and the Unmaking of the New Left" suggests, television helped the civil rights movement succeed, just as it helped curtail it.
Abstract This paper examines the reasons behind the success of the Civil Rights Movement of the 1960s and its important legacies. It defines the civil rights movement and the society's turbulent quest for equality among all of its sectors. The paper describes the mood of the country for change both at the level of grass roots and in the government.
Table of Contents
Introduction
Civil Rights Movement: Background
Reasons for the Success of the Civil Rights Movement
Expanding Role of Government
Struggle for Global Leadership
Economic Prosperity
National Culture
Students
Wise Leadership
Legacies of the Movement
Conclusion
From the Paper "Although Civil Rights has a broader universal meaning, the Civil Rights Movement in the United States refers to the social, political and legal struggle to gain equal rights for the black Americans and to end racial discrimination. The movement has a history of struggle by several individuals as well as organizations dating back to the time of abolition of slavery but it gained unprecedented momentum in the 1960s. The Civil Rights Movement in the United States was instrumental in the successful passage of the Civil Rights Act, 1964 and the Voting Rights Act, 1965."
Tags: race discrimination usa untied states america equal rights black social, political legal civil rights act 1964 voting 1965
Abstract This paper reviews the book "Inventing Western Civilization", in which author Thomas Patterson views civilization as an elitist concept that has been used politically, culturally and socially to manipulate the masses. The author explains Patterson's thesis that the West differs from all other civilizations due to its overwhelming impact on virtually all other cultures, including its role in introducing modernization and industrialization. This paper also discusses how Patterson explores the development of social classes and the alienation of the "other". Throughout the paper, Patterson's ideas are compared to numerous scholars and philosophers including John Locke, Jean-Jacques Rousseau, and Sigmund Freud. The author concludes by concurring with Patterson that an international order based on civilizations is the surest safeguard against world war, but noting that this idealistic concept is not borne out in reality.
From the Paper "Patterson demonstrates how classism, sexism, and racism were as integral to the appearance of "civilized" society in Western Europe as inequality and alienation. He further explores the issue of how civilization, and the process of "being civilized" has been frequently linked to the rise of capitalism in Western Europe, the development of social classes, and the creation of "others" who are distinguished by their socially constructed appearances, behaviors, or essences.
Patterson accordingly believes that every civilization or group at one time or another has considered itself to be God's "chosen" people. For example, The Incas, who Patterson studied for most of his career as an anthropologist, believed that they were the only true humans. This is the type of elitist thought he attributes to all civilizations, both past and present. Thus in Patterson's view, the greatest threat to society is a global clash between Civilization and barbarism."
