| Papers [1-15] of 100 :: [Page 1 of 7] | | Go to page : 1 2 3 4 5 6 7 —> | Search results on "CODES ETHICS LEGAL MALPRACTICE LIABILITY": |
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Codes of Ethics & Legal Malpractice Liability, 1997.
Examines relationship between American Bar Association's codes & attorneys' liability & argues that code violations are evidence of liability. Looks at legal bases, disciplinary rules and state views.
6,300 words (approx. 25.2 pages), 38 sources, $ 135.95
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From the Paper
"The Relationship Between Codes of Ethics and Liability for Legal Malpractice
This paper will examine attorneys' liability for malpractice and the relationship between this liability and the codes of ethics enacted by the states and the American Bar Association (ABA). The specific purpose of this paper is to argue that violations of ethics code provisions should be admissible as evidence of liability for legal malpractice. This view is not based upon any major problem with the current structure of either malpractice liability or the disciplinary system. Rather, it recognizes that there are some similarities in the laws of the two subject areas. Maintaining complete separation between the two areas so far as to deny a plaintiff use of a violation of an ethics code provision as evidence in a malpractice action defies..."
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Medical Malpractice from a Legal Perspective, 2006.
A discussion of the basic legal issues involved in medical malpractice.
2,831 words (approx. 11.3 pages), 8 sources, MLA, $ 84.95
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Abstract
This paper explains that medical malpractice only falls within the realms of negligence that occurs in the context of medical or health care, even though the basic legal issues involved in medical malpractice coincide with the legal elements that encompass common negligence. The paper further explains that there are four basic factors comprising medical malpractice that mirror those which define common negligence, but that there are additional requirements involved that expressly apply to negligence in a medical context. The paper then points out that, as a result of these additional requirements, medical malpractice cases also present many unique, complex and confusing issues that are exclusive to the medical profession. Next the paper elucidates on the issues, concluding that ultimately everything boils down to the question of which is more important;the rights of patients to expect quality treatment, or the obligation of physicians to provide it.
From the Paper
"Medical malpractice is commonly defined as negligence on the part of a physician, hospital or other health care professional that results in physical or emotional damage to that health care professional's patient. The negligent failure in medical malpractice cases can occur under many different circumstances. These include, but are not limited to: an unnecessary delay in, or the complete failure to diagnose a particular disease or ailment, a surgical error during an operative procedure, failure on the part of the physician to gain the informed consent of the patient to perform surgery, and/or a failure to properly treat an ailment once it has been diagnosed. Improper use of a medical device or implant can also be grounds for a medical malpractice suit (Robertson, 1985)."
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Legal Liability, 1991.
This paper aanalyzes debate over legal liability and discusses how tort law should be used, what tests should determine liability, cost efficiency and the role of Learned Hand test.
1,575 words (approx. 6.3 pages), 4 sources, $ 55.95
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From the Paper
"While there is no dispute between lawyers and economists that tort law is a necessary facet of the legal system and needed to maintain an individuals rights, there is disagreement about how it should be utilized, what tests should be invoked to determine liability and finally, the cost efficiency of the tort law system. The two facets of tort law include: (1) that an individual should be entitled to recover damages from another individual (or company) if he was harmed or if reasonable steps to avoid harm were not used; and (2) under the theory of strict liability, that an individual can recover damages regardless of proof of negligence or intent.1
Torts have become an expensive business because of the alternative theory of liability developed out of implied-warranty law. The courts have not only extended the implied warranty of ... "
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Legal Codes, 2005.
This paper examines the Lower Canadian legal history and its codification process.
2,925 words (approx. 11.7 pages), 4 sources, $ 115.95
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Abstract
The paper briefly reviews the The codification process in Canadian legal history as it pertains to nineteenth century Lower Canada. Among other things, this paper explores the conflation of socio-cultural and socio-political factors and how they lead to the laws that shape our society. Beyond that, this paper also seeks to define the term "code" and offers an interpretation as to what a "true" legal code really is.
From the Paper
"The codification process in Canadian legal history has been a complex, occasionally convoluted, but always interesting one. Because of the scope of the topic, this paper will focus primarily upon the codification process in nineteenth century Lower Canada as it pertains to the Lower Canadian Civil Code. In addition to limiting the scope of the inquiry, a further reason for emphasizing the French-Canadian experience in this manner is because it is an excellent example of how socio-political and socio-cultural factors conflate to produce the laws by which we live. Moreover, the treatment of the 1866 Codification of Upper Canadian Civil Law by John E.C. Brierley and Brian Young provides an excellent example of how didactic "good" legal history can be. Among other things, this paper will define what a "code" is as well as suggesting what a "true" code might be."
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Legal Naturalism vs. Legal Positivism, 2002.
A comparison of laws understood to come about naturally or through some form of positive creation.
2,630 words (approx. 10.5 pages), 2 sources, MLA, $ 79.95
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Abstract
This paper examines two of the general theories of law - legal naturalism and legal positivism, both of which have had an enormous influence on law throughout history. The first part of the paper looks at natural law which describes those diverse theories of law that do not accept human law as true law and hold that a particular "something other than the positive law is the true law". The second section examines legal positivism where one of several general theoretical traditions is based on the belief that the source of knowledge lies in experience, not in reason, nor in mind.
From the Paper
"A good example of the usefulness of classical legal naturalism can be seen in the rise of commercial law in the Middle Ages in Europe. As Glendon, Gordon, and Carozza point out, the rise of commercial law took place when Roman civil law provided no adequate coverage of new problems that arose as trade "emerged from the localism and relative economic stagnation of the Middle Ages" in the form of international banking, expanded maritime trade, and rising commercial centers."
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Physical Education and Teacher Liability, 2002.
A legal look at teacher liability in physical education and who has ultimate responsibility.
4,650 words (approx. 18.6 pages), 12 sources, $ 169.95
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Abstract
This paper will probe further into the issue of safety in physical education, paying particular attention to teacher's liability. It will ask, and answer, several important questions. Should teachers have more personal liability over the safety of their students? Should school boards be less liable? What degree of responsibility should fall upon the student him/herself? Should certain activities that exceed a potential safety threshold be eliminated from the curriculum? And so on. To support the findings and analysis in the paper, several legal tenets and cases will be used to provide instruction. It will be concluded that, as in all other health care or safety issues, prevention is the best medicine. Logically, where all steps have been taken to ensure safety, liability cannot fall on the teacher. But to determine this, due diligence and negligence need to be better defined. In sum, the final analysis of the paper supports the law as it currently exists in most states. However, it calls for increased care and a better definition of terms.
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Alternate Dispute Resolution (ADR) and Lawyers Ethics, 2002.
Examines the ethical responsibility of lawyers to offer their clients alternate dispute resolution to resolve conflicts.
6,466 words (approx. 25.9 pages), 22 sources, APA, $ 149.95
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Abstract
In today?s society, lawyers are encouraged to present the option of pursuing alternate dispute resolution to clients as a matter of good practice and lawyers who fail to do so may be subject to malpractice liability. This paper explores the growing popularity of alternate dispute resolution (ADR) due to the high costs, both financially and to relationships, of traditional litigation.
Subtitles in the Paper: Alternate Dispute Resolution; Ethics and Dispute Resolution; The Costs of Conflict; Ethical Issues in Choosing Whether and How to Mediate; Client Satisfaction; Methods of Dispute Resolution in Businesses; The Role of Counsel; Results of Alternate Dispute Resolution; A Lawyer?s Duty to Advise About ADR; Ethical Rules of ADR; Lawyer as Client Representative or Advocate; Lawyers as Neutrals; Conflict of Interest; Malpractice and Negligence; History of ADR; Everyday Disputes; Determining the Role of a Mediator; Conclusion.
From the Paper
"Alternate dispute resolution is a practical business and personal solution, as there are significant costs associated with different ways of resolving disputes, which often outweigh the conflict itself .
The direct costs associated with disputes include the fees of lawyers and other professionals. In 1994, nearly 18 million cases were filed in U.S. courts at a cost of $300 billion.
Productivity costs involve the value of lost time, or the cost of what those involved would otherwise be producing. Continuity cost is the eventual end of relationships that would have continued without the conflict. Emotional cost reflects the pain of focusing on emotions and the problems this can cause psychologically."
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Strict Liability, 2008.
An analysis of how legal costs and social costs are affected within a society by the strict liability rule via a comparison with negligence.
1,365 words (approx. 5.5 pages), 0 sources, APA, $ 45.95
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Abstract
This paper presents a general framework that explores aspects of the law and then presents a comprehensive analysis to highlight how aspects of strict liability affect activities related to optimal care levels and most importantly how strict liability relates to negligence.
Table of Contents:
Abstract
Introduction
Example 1
Example 2
Example 3
The Efficiency of Strict Liability: Negligence versus Strict Liability
Negligence versus Strict Liability: Legal, Economic, and Social Perspectives
From the Paper
"There is however, arguments that strict liability as a criminal process can lead to an unbalanced and unfair legal system, since it imposes guilt without due process. Is this a violation of individuals Constitutional Right and is imposing some social value or process on their activities or behavior? A typical example in many US is related to statutory rape - that is, this is considered a strict liability offence in many states. That is, not knowing the actual age of a minor is irrelevant in many states and the accused can be prosecuted and convicted irrespective of the details behind the case."
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Product Liability and Implied Warranty, 2004.
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.
850 words (approx. 3.4 pages), 7 sources, APA, $ 30.95
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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."
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Criminal Liability and Defenses, 2008.
A discussion on criminal liability cases and the noted defenses to each.
3,098 words (approx. 12.4 pages), 20 sources, APA, $ 90.95
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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."
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Legal Arbitration, 1997.
Advantages & problems of out-of-court dispute resolution, focusing on legal malpractice cases; legal views of different states, mandatory arbitration clauses.
3,825 words (approx. 15.3 pages), 28 sources, $ 135.95
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From the Paper
"Arbitration and Legal Malpractice
This paper will examine the issues surrounding arbitration in the legal malpractice setting. The first part of the paper will discuss the background to the increasing use of mandatory arbitration clauses in attorney-client agreements. The second part of the paper will look at how the issue is handled in various states. The third part of the paper will discuss some important concerns about using mandatory arbitration to resolve malpractice claims and some proposed solutions to these concerns.
Background: The Advent of Mandatory Arbitration Clauses
With the explosion of litigation in American society during the last half of the twentieth century, many commentators have championed the use of arbitration to settle legal disputes. Legislators have.."
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Formation and Structure of a Limited Liability Company, 2005.
An evaluation of the establishment of a limited liability of a corporation with a partnership-like tax structure.
2,100 words (approx. 8.4 pages), 7 sources, MLA, $ 65.95
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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."
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Rules of Liability, 2002.
Explains some of the legal and economic issues surrounding the rules of liability.
650 words (approx. 2.6 pages), 3 sources, $ 26.95
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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.
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Product Liability Laws, 2002.
An overview of the definition and application of product liability laws.
1,900 words (approx. 7.6 pages), 3 sources, $ 71.95
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Abstract
This paper is on the topic of product liability. Product liability refers to the liability of any or all parties along the chain of manufacture of any product for damages caused by that product. Product liability claims can be based on negligence, strict liability, or breach of warranty of fitness depending on the jurisdiction that the claim is based.
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Malpractice Caps, 2005.
This paper examines the issue of caps on malpractice awards.
1,560 words (approx. 6.2 pages), 7 sources, MLA, $ 51.95
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Abstract
This paper explains that the main reason why caps should exist on malpractice suit is the cost of malpractice insurance for doctors, which has forced many doctors to stop practicing medicine. The author points out that placing caps on malpractice awards might shield negligent doctors from being held accountable for their mistakes and might prevent patients from getting the monetary awards that match the economic and traumatic impact of the injuries they have incurred. The paper states that the solution to this issue is to place caps on malpractice awards; however, in extreme cases where negligence is apparent and the impact of such negligence is irrevocable, there must be exceptions to such caps.
Table of Contents
Introduction
Why Caps on Malpractice Awards
Why No Caps on Malpractice Awards
Discussion and Conclusion
From the Paper
"The problems associated with malpractice awards came to the forefront in 2002 when a group of 60 specialists at the University Medical Center in Las Vegas refused to work because of the high cost of malpractice insurance. Their actions caused the hospitals emergency room to shut down. This gave Nevada and the nation a glimpse of the public health crisis that could ensue if caps are not placed on Malpractice Awards. In the case of Las Vegas, legislatures came together and placed a $350,000 cap on the amount of money that a patient could receive as a non economic award in a malpractice case. However, lawmakers did attach to exceptions to the bill including "one involving cases where there is "gross malpractice". The other where there is "clear and convincing" evidence that an award should exceed the $350,000 cap."
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