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Internet Tort Summary Judgment Motions, 2005.
This paper discusses the disposition of summary judgment motion in Internet tort case.
2,260 words (approx. 9.0 pages), 6 sources, $ 79.95
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Abstract
In this article, the writer looks at the draft disposition of the Internet tort case. The writer discusses that the draft should be revised because it misstates the tort law involved. Further, the writer believes that the draft employs improper standard for reviewing summary judgment motions
From the Paper
"This essay analyzes the correctness in terms of its conclusions and reasoning of the draft disposition by the state court trial judge of motions for summary judgment filed by plaintiffs and defendants in the subject case. The draft disposition should be substantially revised and many of its conclusions altered especially those relating to the granting of defendant Phishy Corp's motions, because it is based on faulty readings of the applicable state tort law and employs reasoning which would ... "
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Modern Tort Law, 2006.
An in-depth look at whether there is a need to reform tort law in the U.S. and whether such an undertaking is feasible or necessary.
4,194 words (approx. 16.8 pages), 11 sources, MLA, $ 111.95
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Abstract
In an attempt to determine whether a need exists in the U.S. to reform tort law, this paper first takes a brief look at the history of U.S. tort law and how it has evolved and changed over time. The paper then explains what the purpose of tort law is and looks at whether tort law has a practical application in today's society. The paper points out that there is very little reference to personal responsibility in tort law and suggests that, were the courts and the law to make personal responsibility a greater part of the legal proceedings concerning injured parties, there would, in fact, be no need for tort law.
From the Paper
"Over the past several years, the body of laws governing compensation for personal injury and property damage have been substantially reconsidered as flawed and outdated. In the course of what many have advocated in the name of "tort reform," more than half of the U.S. states have revised, or attempted to revise, one or more aspects of tort liability and/or damage principles to a greater or lesser degree. Tort law is, of course, constantly evolving; every day in courts across the country, judges ? and indirectly, attorneys and jurors ? are making and (re)shaping the law. Despite efforts for reform, one still cannot overlook the nature of modern torts and fail to see shades of American common law, as they were also a part of the preceding English common law."
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Torts, 2002.
A comparison of aerial and maritime torts.
2,600 words (approx. 10.4 pages), 25 sources, MLA, $ 78.95
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Abstract
This paper looks at how maritime torts and aerial torts play a slightly different role in the choice of law rules, when compared to other types of torts committed. This is mainly due to the nature of the tort and the extent of how far international law has slowly developed in relation to such issues as to maritime and aerial torts.
From the Paper
"The fundamental question that the forum court must determine is when the elements of a tort cross jurisdictional boundaries, whether or not the tort has occurred within its jurisdiction. In essence the first requirement for any court, invited to exercise jurisdiction and power over parties, is to establish (at least where there is a contest or doubt) that according to its own law it has jurisdiction and power over the matter before it. If not, it must decide what law or laws to apply in determining liability."
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Judgment of Taste, 2002.
Compares theories of judgment of taste as set forth by philosophers David Hume and Immanuel Kant.
1,062 words (approx. 4.2 pages), 4 sources, MLA, $ 37.95
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Abstract
Both Immanuel Kant and David Hume hold that community, rather than merely individual response, plays a major role in the judgment of taste. Both Kant and Hume also hold that any single individual's judgment of taste is not superior over another's. The paper explains that for there to be a meaningful definition of "judgment of taste," there must be some measure which transcends limited comparisons between individual judgment. For these two philosophers, the author finds, this measure is in part in the thing being presented and perceived and in part in the community of individuals doing the perceiving and responding. Nevertheless, the paper shows that the best their grand thinking achieves is that judgment of taste is achieved only through some sort of positive consensus won by an object over a long period of time and, preferably, over several cultures as well. It argues that the fact that the works they refer to are exclusively by white European males does not support the argument about the importance of cross-cultural judgment.
From the Paper
"Still, even in such ideal circumstances, the individual will simply never be free of the "interest" which works to prejudice the individual's judgment on both the conscious and unconscious levels. If individual prejudice could be eliminated, of course, there would be no need for the philosophers to rely on the "community" aspect of the judgment of taste. The basis of this community aspect is a consensus, however Kant and Hume dress it up. If a work of art, for example, endures through generations and even centuries as an admired piece of work, as one which impresses the mind and stirs the emotions, then it can be said to have achieved a superior judgment of taste from the community."
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Tort Law as Compensation for Environmental Damage, 2007.
An analysis of the effectiveness of tort law with regard to providing compensation and preventing environmental damage.
2,881 words (approx. 11.5 pages), 34 sources, APA, $ 85.95
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Abstract
This paper discusses the effectiveness of tort law in providing compensation for environmental damage. It also looks at the ability of tort law to prevent environmental damage from occurring. The paper describes some of the obstacles suffered by tort law in fulfilling a central role in environmental protection, such as cost, evidence and standing and then looks at the limits to the limitations that exist in terms of tort law and environmental damage.
Table of Contents:
Developing, and Restricting an 'Environmental Tort': Issues of Locality and Use
Establishing the Causative Link and Proving Foreseeability
Further Obstacles: Evidence, Cost and Standing
Limiting the Limitations
The European Influence - Lowering the Hurdles?
Assessing the Use of Common Law Actions in Tort
From the Paper
"Today there is a propensity to think of environmental protection as attained by the volume of specific legislation, but this does not mean that the role of the common law in environmental protection has become obsolete. Although perhaps a somewhat tenuous link, it has been argued that actions in tort are able to prevent environmental harm by deterring others from engaging in the same behaviour due to a fear of having to pay damages. However, Barbara Young, the chief executive of the Environment Agency, challenges such a rationalisation, arguing "the scale of penalties levied by the courts makes pollution and prosecution an acceptable risk and an acceptable business expense" . Naturally, the extent to which the extent to this will vary according to the polluting offender involved, however it would seem unlikely that the prospect of paying damages would have the same influence as the fear of facing an environmental regulator is set standards are breached."
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Tort Reform, 2002.
Explores President George W. Bush's tort reform attempts in the White House.
1,086 words (approx. 4.3 pages), 7 sources, APA, $ 37.95
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Abstract
President Bush came into the White House with a history as a ?tort reformer.? True to his record, the President backed a ?tort reform? bill that was passed by the House of Representatives but floundered in a Democratic controlled Senate. The President has recently renewed his call for the legislature to approve a tort reform bill that relates mainly to medical malpractice. It remains to be seen whether President Bush is successful in getting his proposals approved this time around as debate still rages among the supporters and opponents of the reform bill. This paper looks at the pros and cons of the issue. The paper includes a summary of the proposed public policy on tort reform, an examination of the impact of the policy (who shall be affected?), as well as the lobbying efforts in favor of and against the tort reforms.
From the Paper
"As for the lowering of health costs and insurance premiums, it is a contentious issue with both the opponents and supporters of the tort reforms holding widely divergent views. While the government contends that such reforms would reduce Federal government costs by at least $28 billion per year and cut health care costs for all Americans by $60 billion or more, the opponents argue that since medical malpractice premiums comprise only 0.59 % of national health care costs such tort reforms would have a very limited effect on health care costs. They also argue that ?insurance reforms? rather than ?tort reforms? are needed for lowering insurance premiums and quote the example of California where after implementation of medical malpractice reform, malpractice premiums increased 190 %. (?Tort Reform is not a Solution..?)"
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Early Passive Range of Motion Exercise, 1990.
This paper discusses the effectiveness of Early Passive Range of Motion Exercise treatment and the effects of early passive range of motion on myotendinous structure, function and failure: Length of hospital stay, stroke rehabilitation, low back pain
4,950 words (approx. 19.8 pages), 20 sources, $ 135.95
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From the Paper
"... note that the provision of range of motion (ROM) exercises early on by professional physical therapists can provide the patient with a wide variety of benefits relative to rate of recovery, degree of recovery, use of medication, use of appliances, overall comfort, and amount of time loss from work, and return to work. Given these numerous benefits, then, the provision of physical therapy can not only benefit the patient but, as well, the insurance company responsible for purchasing health care and the employer whose loss of revenues may adversely affect organization operation and financial standing of the firm. Beyond these, the hospital providing the physical therapy as well as benefits, in that ... "
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Legal Issues: Torts, 2005.
This paper examines Tort law in the United Kingdom, as pertaining to a landowner and three types of individuals.
675 words (approx. 2.7 pages), 3 sources, $ 26.95
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Abstract
The paper discusses the torts of nuisance and negligence in terms of the legal responsibilities of a landowner towards three types of individuals. The paper looks at three types of individuals; neighbors, invitees and trespassers. The paper covers the tort of nuisance as well as the tort of negligence. The paper examines the Duty of care of a landlord and the legal rights of the three parties.
From the Paper
"This paper will examine legal issues arising from this fact situation that was assigned for this case study. There are three possible plaintiffs that emerge from the facts of this case. These situations are as follows: 1. John the neighbor who lives in a dwelling house next door to Ian who runs a business and uses a generator which is situated near John's property. 2. Ken the legitimate visitor to Ian's property who was injured while visiting Ian's property 3. Lionel who was trespassing on Ian's property without his knowledge or consent. Legal Issues Concerning the neighbor: John: Does John have a possible tort of Nuisance against Ian? The Law regarding the Tort of Nuisance: The court will look at the legal rights of the plaintiff and the defendant. A balancing test is usually adopted and the standard used is one of reasonableness."
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"Perpetual Motion", 2005.
A summary of Graeme Gibson's book "Perpetual Motion".
675 words (approx. 2.7 pages), 1 source, $ 26.95
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Abstract
This is a short book summary and responses to environmental issue questions on Gibson's book "Perpetual Motion". "Perpetual Motion" tells us of the mindset of the Ontario settlers which was to tame rather than to find harmony with nature and of the consequences of ignoring the lessons of our natural world. It looks at how this novel is relevant today as we continue to value progress and civilization over nature despite polluted water, air and subsequent problems this arrogance causes humans.
From the Paper
"Perpetual Motion opens with settler Robert Fraser discovering a dinosaur skeleton buried in a field he is laboriously clearing of stumps. As the story leads up to the unearthing, there is a distinct sense of monotony to Fraser's life, of opportunities missed as he remembers "once he discovered that an elephant had left the previous day for Montreal. (Gibson 12)" This represents a turning point where monotony turns to desperation and Fraser's dreams result in his overtly wasteful and violent destruction of his natural surroundings. Fraser is locked in a battle of control with his land and the discovery impels an obsession to create a perpetual motion machine that will free him of manual labour. "
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Modern Motion in Futurism, 2008.
A study of the theme of modern motion in the paintings "State of Mind: The Farewells" by Umberto Bocking and "Cosmic Flora" by Paul Klee.
750 words (approx. 3.0 pages), 2 sources, MLA, $ 26.95
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Abstract
This paper examines the nature of modernity in motion within the futurist movement at the turn of the 20th century. By analyzing "State of Mind: The Farewells" (1911) by Umberto Bocking and "Cosmic Flora" (1925) by Paul Klee, the paper shows how the works present both an organic and industrial representation of the fast movement of technological developments, which provide a distinct sense of motion through composition and objective technique. The paper concludes that, through their desire to capture the quickening tempo of advancing technology and rapid development, these painters took an abstract and progressive view towards motion in composition, in which modern motion became the axis of human progress.
From the Paper
"Another advocate and inspiration of the futurist movement was Paul Klee, as his compositions also provide a varied set of modern motion that provide a more organic variety of this style. In "Cosmic Flora" Klee shows a set of tiered expressions of the movement of life in 'cosmic' framework, very much like a set of parallel filmstrips in a moving picture. The different aspects of floral and landscape arrangements act as a similar stylistic that was to be used as a vehicle for motion in futurism. Other artists such as Egon Schiele and Franz Marc used this type of motion that provides a framework for motion in relation to space. Klee's attempt to show an abstract point of view of movement in a cosmic setting is also similar to Boccioni's "The City Rises", which provides the idea of modern urban people as a blurred and nearly incomprehensible set of objects that are restless and constantly active. With the 20th century technological advances making rapid progress, Klee is representative of a more organic type of futurism that expressed movement in the fluidity of modern motion (Klee 31), but without the industrial aspects of Boccioni's works. For Klee the major difference between his own organic motion and industrial motion are the only aspects of differentiation that do not bind him to the futurist movement of Boccioni's "State of Mind: The Farewells.""
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Tort Law: Assault and Battery, 2006.
A look at a legal case which falls under the category of tort law.
675 words (approx. 2.7 pages), 0 sources, $ 26.95
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Abstract
This paper provides a definition of tort law and then takes a look at a particular legal case which falls under the area of tort law. The paper describes the case and provides reasons why it should be approached under the area of tort law.
From the Paper
"As tort law is the practice of law that addresses civil wrongs, wrongs in which a person's bodily security, property, material or economic resources, and well-being of personal reputation, it would seem that this is the area that should address the case being presented. In this case, the Plaintiff, Mr. Caudle, was taking part in festivities during a workplace party. Much tomfoolery and rambunctious behavior abounded, including the foolish tossing about of an electrical device which was known to give electrical shocks to those with whom it came in contact. When Mr. Betts, president of the workplace and Defendant, put said device in contact with Mr. Caudle, the Plaintiff received an injury which has caused many medical maladies, which not only required surgical treatment, but have not yet abated completely. This court will rule on the case based on tort law, looking at how it might fit..."
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Aristotle on Motion, 2002.
Explores Greek philosopher, Aristotle's theories on motion and how they compare with Newtonian science and quantum physics.
1,150 words (approx. 4.6 pages), 4 sources, $ 44.95
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Abstract
Aristotle was a brilliant philosopher, but many of his scientific beliefs have been proven to be incorrect. One example is the fact that Aristotle believed that the earth was the center of the universe. Regarding Aristotle's views on the idea of motion, he was in conflict with another Greek thinker named Zeno who had attempted to analyze the motion of an object as a series of "still frames." Aristotle did not believe that motion could occur this way. This paper delves into Newtonian science and quantum physics and tries to understand Aristotle as a philosopher.
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Clinical Judgment, 2005.
This paper discusses clinical judgment and critical thinking skills used by nurses.
675 words (approx. 2.7 pages), 0 sources, $ 26.95
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Abstract
This paper uses the definition by Benner, Tanner and Chelsea that clinical judgment is often based on patterns of responses, the specific case and the people involved in the situation. The author points out that making a clinical judgment requires nurses to use critical thinking skills. The paper relates that often clinical judgment is based on the patient, family, diagnosis and the situation.
From the Paper
"What is clinical judgment? How does a nurse decide what clinical judgment to make in different cases? The definition by Benner, Tanner, and Chelsea states that clinical judgment is often based on patterns of responses, the specific case, and the people involved in the situation. Making a clinical judgment requires nurses to use critical thinking skills. Often clinical judgment is based on the patient, family, diagnosis, and the situation. The definition of clinical judgment by Benner, Tanner, and Chelsea makes common sense. This definition of clinical judgment most nurses will agree that it is the best definition because past experiences and knowledge mixed with the relationship the nurse has with the patient and family are combined in making clinical judgments. "
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Tort Law, 2005.
A discussion on tort law and its applications.
1,350 words (approx. 5.4 pages), 2 sources, $ 53.95
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Abstract
This paper discusses the concept and definition of tort law. The paper discusses intentional, negligent, strict liability, and product liability in relation to tort law. The paper discusses the purpose of tort law and how judgements are made in regards to these types of laws within the judicial system.
From the Paper
"Running Head: Tort Law Tort Case Comparison Criminology: Tort Case Comparison Introduction In tort law, proving cause and effect is the key ingredient to winning a case. The plaintiff is responsible for proving that the defendant caused the damage, the extent of damages incurred, and the degree of liability. Some legal experts argue that tort cases are the most challenging to prove in legal proceedings. Tort law was created in an effort to protect the security, property, reputation, and financial resources of a person(s). Tort law attempts to restore the injured party to the position in which they were in prior to the tort was committed ("Tort Law", 1996, n.p.)."
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Film: "Judgment at Nuremberg", 2007.
This paper argues the broader implications of Stanley Kramer's 1961 film "Judgment at Nuremberg" not only in the context of its original release at the height of the Cold War but also in the milieu of the 21st century War on Terror.
1,965 words (approx. 7.9 pages), 3 sources, MLA, $ 62.95
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Abstract
The paper explains that "Judgment at Nuremberg" is remarkable for its willingness to consider the collective guilt of the German people and, even more troubling, of people from other countries. The author points out that the power of this film lies in the complexity with which it represents such issues as responsibility, accountability and guilt in the context of a Hollywood social problem film and within the conventions of courtroom drama. The paper concludes that the film also reflected the events of the early 1960s, at the time "Judgment at Nuremberg" was made, which included the trial of Eichmann in Jerusalem and the enduring injustices in the United States that would become the Civil Rights struggles. The author believes that this film still has implications in the 21st century social, legal and political debates over the treatment of terror suspects in the War on Terror and the extent to which elected representatives should be held accountable.
From the Paper
"From a theatrical perspective, the casting of prominent Hollywood stars on both sides of this question is significant. It can be cynically said, as critic Pauline Kael quoted in her review, that this film is "an All-Star Concentration Camp Drama" given the number of stars involved. However, the casting of such an "heroic" leading man as Burt Lancaster as a prominent German leader can be read as a theatrical "sign" to the audience from the outset of the drama that "judgment" in this film will be more complex than if the Germans were stereotypical villains."
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