Tort law

Duress is a legal defense recognized as common law, which is the unlawful pressure applied upon a person to coerce that person to perpetrate an act that he or she ordinarily would not commit. (Hall, 2014) Duress includes force, threats of violence, and physical restraint, etc. (Hall, 2014) Necessity is similar to duress but requires an action that would otherwise be illegal or expose a person to tort liability created by humans pressures by natural forces. (Hall, 2014) In the incident, where…

Barclay’s Department Store. False imprisonment is the unlawful detention of the person of another, for any length of time, whereby such person is deprived of their personal liberty. However, a plaintiff can be barred from recovery under the Georgia state law. A store is not liable for false imprisonment if the store: (1) had reasonable cause to detain a person; (2) detains that person; (3) conducts detention in a reasonable manner; and (4) conducts detention for a reasonable time. Ga. Code. Ann.…

can help assist both employees and employers alike. “Private Practice Lawyers”, technically work alone in an office or can work alongside other lawyers at a law firm. Private Practice Lawyers can have cases from divorce and child custody to malpractice suits. Most of the time, the workers who do choose to work alone may often practice general law in order to have larger range of clientele. Now “Public Interest Lawyers”, can offer individualized legal services to clients, as well as work on legal…

VITALY TARASOFF et al., Plaintiffs and Appellants, v. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA et al., Defendants and Respondents S.F. No. 23042 Supreme Court of California 17 Cal. 3d 425; 551 P.2d 334; 131 Cal. Rptr. 14; 1976 Cal. LEXIS 297; 83 A.L.R.3d 1166 Superior Court of Alameda County, No. 405694, Robert L. Bostick, Judge. Introduction The plaintiffs are the parents of the deceased Tatiana Tarasoff accused the defendants Gold,Moore, Powelson, Yandell, and the Regents of the…

defendant must be proved to have caused the victim’s death. There is two matter have to be considered. The first is did the defendant in fact cause the victim’s death, that the factual causation, and the second is if so, can he be held to have caused it in law, that the legal causation. Factual Causation…

Critical Review: The Common Place of Law The Common Place of Law is an interesting empirical research of legal consciousness that is actually a very strong logical theory, in which law is recognized as both constituting and being constituted by social relations and cultural practice. The question that Ewick and Silbey spawn their theory from comes from the classic question, “how is the law experienced” rather than “what is the law,” this was a very compellingly argument made by Ewick and Silbey.…

displays a guilty knowledge and willfulness of the act. A core principle of criminal law is that a crime contains both a physical and a mental element. Mens rea, a person's understanding that his or her conduct is criminal, is the mental element. On the other hand, actus reus, the actual act, is the physical undertaking. Differences Between Tort Law and Criminal law In tort law, the concept of an ‘attempted tort’ does not exist, nor do legal proceedings occur for near misses in accident cases.…

(2015), inmates today have five legal mechanisms to challenge the legality of their confinement and associated prison conditions. They are a state habeas corpus action, a federal habeas corpus action after state remedies have been exhausted, a state tort lawsuit, a federal civil rights lawsuit and a petition for injunction relief. I do feel that inmates have a legal right to challenge prison conditions. Prison is their living space and if conditions are unsatisfactory and detrimental to their…

Taiwan, I was exposed to different countries’ legal knowledge, including German law, Japanese law, and America law. To facilitate my future study in the U.S., I also grasped the opportunity to accumulate my knowledge in American law during my university years. Several subjects of American law I studied, such as the U.S. Constitution, Torts, and Criminal Law and Procedure, contributed to my basic understanding of the common law system, and also inspired my interest in studying abroad. On the…

Landlord-Tenant Law Landlords and tenants both have rights and accountabilities in the development of an ownership agreement. All parties must have a clear understanding of what the lease terms mean to avoid issues. When a property owner and a renter signs on leasing a house, trailer, or etc., many things need to be made clear, including the cost of the payment, the date the rent due, limits on late fees, length of the ownership, if he or she pays for utilities (like gas, electricity, or etc.)…