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Within today’s society, the tort of negligence has come under the spot light, especially when related to injuries sustained through sport. The reason for this is due to the complex understanding posted by the judicial system, providing a strict guideline as to what is and what is not a negligence action. Negligence is when someone may fail to assert a reasonable degree of care to another to avoid foreseeable harm. A person may be negligent if he or she does not act as a reasonable person who…

United States judiciary system operates within the context of three primary sources of the law (Patterson, 2013, p. 370). The first is the U.S. Constitution; it is the nation’s highest law, judges and justices are under oath to uphold it (Patterson, 2013, p. 370). Furthermore, when a case is presented concerning issues about the U.S. Constitution, the court must apply the Constitution to that particular case (Patterson, 2013, p. 370). Secondly, you have the Statutory Law, which is the…

What is service of legal process? United States legal procedure requires that each party named in a case will be notified if actions are taken against them in a court of law. Service of process is an essential and mandatory aspect of Due Process. This ensures parties rights are protected and is a cornerstone of our nations courts. Rules of civil procedure vary from state to state. You should visit the State Rules of Civil Procedure section to learn more about service of process in your state.…

Commercial law IRAC-Tamara v Aldi Store Issue- Is the negligence of Aldi store cause of injury to Tamara. Rules-the rule in accordance to the facts is:- Negligence-it is called a situation i which an individual owes another individual a duty of care,it is a deficiency or a failure to do a thing which a reasonable person would or would not, do and which leads to a harm or an injury to another person in a result. In South Australia the civil liability Act 1936 (SA) is used to find out the…

S.65C of the FLA determines who can make a parenting order in relation to a child. S.65C (ba) allows for a grandparent of the child to make a parenting order. However as Oliver is not a legal parent to Samuel, then his parents cannot be considered as Samuel’s ‘legal’ grandparents for this reason. They also cannot be seen to have a ‘right’ to Samuel as they claim to, on this basis. However this does not mean that Oliver’s parents will be rendered unable to make an application for a parenting…

From my understanding of the opinion, if SPE knowingly failed to disclose a violation of material statutory, regulatory, or contractual requirement then they have made a misrepresentation that render their claims “false or fraudulent”. First we must establish that the implied certification theory is a basis for liability. There are 2 conditions: (1) Claim does not merely request payment, but also makes specific representations about goods/services provided; and (2) the defendants failure to…

A reason trust is a sort of trust which has no recipients, however rather exists for propelling some non-altruistic motivation behind some kind. A trust which is set up to accomplish a non - altruistic reason as opposed to profit a human recipient. Trusts for altruistic intentions are additionally in fact reason trusts, yet they are generally alluded to just as magnanimous trusts. Individuals alluding to reason trusts are typically taken to allude to non-beneficent reason trusts. Trusts…

Attorney Michael Leff has joined the law firm of prominent Los Angeles Personal Injury Attorney David Drexler, as an Associate, and will specialize in legal research, brief writing and pretrial litigation support. A longtime resident of Los Angeles, Leff was raised in the San Fernando Valley and attended Campbell Hall School before graduating from the University of Michigan, Ann Arbor, where he received his Bachelor of Arts degree, concentrating his study in Communications and History. “You…

recurrent or persistent…” (American Psychiatric Association, 2013, p. 295) The symptoms of DID form around the normal factors of a culture or society (American Psychiatric Association, 2013). Therefore, what is considered to be a common symptom of DID in one area may not be common in another area. Making informed decisions about the diagnosis of DID comes down to, once again, gathering every single puzzle piece. Recommendations for Future Diagnosis and Treatment Traditionally treatment has been…

Business Law Assignment # 1 Name: Herin A Shah Student ID: 101014022 Date: 08/10/2015 Jennifer, who is a financial planner, has consulted you. She recently had a rather bad day and fears that she has exposed herself to liability in tort law. Explain to Jennifer what torts may have occurred. Define each tort and explain the extent of everyone’s liability. Explain how damages, if any, would be calculated. If there are any torts of negligence, include in your answer an explanation…