| Papers [1-15] of 100 :: [Page 1 of 7] | | Go to page : 1 2 3 4 5 6 7 —> | Search results on "LEGAL LIABILITY": |
|
|
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
»
Click here to show/hide summary
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..."
| |
|
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
»
Click here to show/hide summary
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."
| |
|
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
»
Click here to show/hide summary
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."
| |
|
Corporate Liability, 2002.
A comparison of the tax and legal advantages of three forms of organization for business companies.
5,400 words (approx. 21.6 pages), 24 sources, $ 135.95
»
Click here to show/hide summary
Abstract
Compares the tax & legal advantages of three forms of organization for business companies. LLC (limited legal liability), LLP (limited liability partnership, & traditional S corporations. Examines changes in business law. Partnership laws. Small business. Bibliography includes laws, codes, regulations, statutes. Business law & law review articles.
From the Paper
"Corporate Liability
Introduction
Traditionally, businesses, other than sole proprietorships, considered three forms of organization: C corporation, S corporation and partnership.. However, during the 1970s, a form of organization known as a limited liability company (LLC) became available. Now, even more recently, the limited liability partnership (LLP) is also available. Generally, limited liability business structures allow two benefits: limited legal liability and passthrough tax treatment.. This paper will consider the tax and legal advantages of the LLC and the LLP versus the more traditional S corporation.
Limited Liability Corporations
Beginning with Wyoming in 1977 and ending with the Hawaii legislature in 1996..."
| |
|
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
»
Click here to show/hide summary
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.
| |
|
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
»
Click here to show/hide summary
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."
| |
|
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
»
Click here to show/hide summary
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."
| |
|
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
»
Click here to show/hide summary
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.
| |
|
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
»
Click here to show/hide summary
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 ... "
| |
|
Product Liability and the Law of Negligence, 2006.
A look at product liability in terms of the law of negligence and its development as a part of tort law over the past two centuries.
1,575 words (approx. 6.3 pages), 5 sources, $ 62.95
»
Click here to show/hide summary
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.
| |
|
Vicarious Liability, 2007.
This paper examines the concept of vicarious liability and its applications in law enforcement.
843 words (approx. 3.4 pages), 2 sources, MLA, $ 30.95
»
Click here to show/hide summary
Abstract
The paper explains that vicarious liability is a legal concept which refers to one party being held liable for the injury or damage sustained by another party, in spite of the fact that they had no active involvement in the incident. The paper clarifies that the intent behind vicarious liability is to hold the proper party accountable when harm is committed. The paper relates the history behind this concept and looks at a variety of situations in which a party, including contractors, parents and employers, may be charged with vicarious liability .
From the Paper
"Before there was law enforcement, local communities operated self-help systems to keep the peace and enforce contracts. Before the thirteenth century a common law arose that there existed an involuntary collective responsibility by the whole community for the actions committed by each member of the community. Later this was formalized into law as the Community Responsibility System. It was enforced because community reputation would be lost and retaliation by the injured party would be leveled against the community if compensation was not paid. Costly wars were fought over the acts of one person committing a crime against someone in another community, and this had to be avoided."
| |
|
Product Liability, 2005.
Examines the law pertaining to product liability, as in the case with Ford Motor Company.
1,270 words (approx. 5.1 pages), 7 sources, MLA, $ 43.95
»
Click here to show/hide summary
Abstract
Product liability issues have been raised by consumers who have been injured by various products and often there are clusters of such claims when a particular product or type of product is shown to be defective. This paper shows that recently, the Ford Motor Company has become embroiled in such lawsuits because of the use of defective tires on their automobiles, first from Firestone and then from Goodyear, making both companies liable for the damage caused. The paper explains that product liability law is constantly evolving as new issues are raised and new attempts are made to deter lawsuits and reduce the awards possible for liability.
From the Paper
"Ford faced the evolving standards of product liability, as noted, and for the past thirty years or more, the theme has been to develop and refine theories aimed at imposing liability on product sellers for those damages caused by their defective products. Most states' courts or legislatures have been involved in this evolution by extending a strict liability theory (usually founded in tort) to product liability cases, on the theory that injured plaintiffs should be allowed to prove that "a defectively manufactured, designed, packaged, or labeled product, rather than the seller's negligence or malice, actually and proximately caused the plaintiffs injuries.""
| |
|
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
»
Click here to show/hide summary
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.
| |
|
The Liability to Persons Entering Property for Recreational Purposes., 2002.
A discussion of the liability on both sides to persons entering property for recreational purposes with an emphasis on the laws in the state of California.
2,400 words (approx. 9.6 pages), 3 sources, $ 89.95
»
Click here to show/hide summary
Abstract
This paper investigates the topic of liability in respect to how those that enter into properties for recreational purposes can successfully sue the owner and/ or operator of a recreational facility, as well as the laws that protect the owner and/ or operator from litigation. This topic is examined in respect to the state of California and the liability issues held by both the persons using the recreational facility and those that own and operate this facility.
| |
|
Corporate Criminal Liability, 2002.
A discussion of the laws and statutes of corporate criminal liability and how managers and executives can minimize their risks.
1,997 words (approx. 8.0 pages), 10 sources, MLA, $ 63.95
»
Click here to show/hide summary
Abstract
This paper analyzes and examines the various issues related to corporate criminal liability. Executives and managers may be criminally prosecuted as individuals for the actions of their businesses, even if they neither knew about nor had any role in the crime. Thus, executives and managers may be sentenced to jail time simply for company violations that occurred on their watch. This paper discusses some of the applicable case law and statutes with examples from real life cases and then outlines how executives and managers may avoid or minimize their risk of criminal liability. It concludes with recommendations for improving corporate ethics.
From the Paper
"Criminal prosecution of executives and managers for the actions of their businesses sharply increased during the 1960s and again in the 1980s after the junk bond and Savings and Loan scandals erupted. Various factors contributed to the rise in criminal prosecution of executives and managers for the actions of corporations. First, prosecutors became much more willing to take action against individual managers for criminal offenses by their businesses. Second, both Congress and the states incorporated criminal penalties for responsible individuals into an increasing number of regulatory statutes. Third, courts became more willing to interpret these statutes as public welfare legislation and to hold businesses and their executives and managers strictly liable for the consequences of a violation."
|
|
|
