Recognizing And Minimizing Tort And Regulatory Risk Plan

Recognizing and Minimizing Tort and Regulatory Risk Plan
Recognizing and Minimizing Tort and Regulatory Risk Plan Business Law LAW531 June 14, 2010 Recognizing and Minimizing Tort and
Regulatory Risk Plan Organizations in today's business world must deal with regulatory risks such as tort liability daily. Proper management and
preventative measures can reduce a business's tort liability and remains the key to a successful business. Federal and state laws and regulations are
enforcing severe fines and penalties for damages. Failure to comply with local, state, and federal laws and regulations can effect a business through
assets, earnings, and image. Businesses allocating resources to identify any existing regulatory risks and implementing action plans can avoid
possibilities of... Show more content on Helpwriting.net ...
The false article harmed Alumina's reputation and image in such that the organization can be rewarded by a court of law for the damages. The
American Scientific Society (ASS) proved that the increase in PAH levels was due to increased boat traffic in Lake Dira. Presented is enough evidence
to prove defamation of character has been committed on Alumina, Inc., but going to trial is a lengthy and costly route. Alumina, Inc. decided that
mediation would be the best route to solve the dispute for both parties involved. Both parties settled on reimbursement of medical expenses for the
daughter, an education fund if the daughter survives leukemia. Bates agreed to sign a release of all claims and strict confidentiality agreement
(University of Phoenix, 2010). The simulation showed negligence to be the most common theory under which Bates based her complaints. Bates
claimed Alumina failed to comply with strict EPA regulations that caused her daughter's illness. Throughout the simulation Bates accused Alumina of
contamination the water of Lake Dira of which her daughter had consumed. Alumina's side of defense states the contamination problem was corrected
five years ago and was not the cause of Bates 10–year–old daughter's illness. In fact, the scientific society report shows the increase in PAH levels are
due to the increase of boat traffic on the water. Alumina can show that the PAH discharge levels is well within the legal limits of the EPA.
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Childhood Vaccination Background
Background
Vaccination "has been one of the most spectacularly effective public health initiatives this country has ever undertaken. Use of vaccines has prevented
thousands of children's deaths each year and has substantially reduced the effects resulting from disease." H.R. REP. 99–908, 4, 1986 U.S.C.C.A.N.
6344, 6345. However, despite the general benefits to the population as a whole, some individuals are exposed to some to harm. A portion of the
population that receives childhood vaccinations may suffer long term medical damage from an adverse effect of vaccination. In the 1980s the trend
towards products liability and design defect suits overall contributed to a rise in vaccine manufacturer lawsuits from 24 in 1980 to nearly 150 in 1985.

Essay on Hamdi et al. v. Rumsfeld
Hamdi et al. v. Rumsfeld
Hamdi et al. v. Rumsfeld, Secretary of Defense, et al. could prove the undoing of the Bush administration's legal defense of the abuses at Guantanamo
Bay. In this case, four British citizens are suing Secretary of Defense Donald Rumsfeld as well as a host of Army and Air Force Generals and policy
apparatchiks for allegedly authorizing the use of torture in Afghanistan and Guantanamo Bay. The four were captured in Afghanistan, either by
Americans or America's ally, the Northern Alliance, and transported to Guantanamo Bay in Cuba where they were held for over two years. Their status
there was not as enemy combatant, which guaranteed them certain protections under the Geneva Convention, but rather as ... Show more content on
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No criminal charges can be filed. This little know statute, passed as part of the Judiciary Act of 1789 reads thus:
That the district courts shall have.... cognizance, concurrent with the courts of the several States, or the circuit courts, as the case may be, of all causes
where an alien sues for a tort only in violation of the law of nations or a treaty of the United States.
The Alien Tort Statute had been used a mere 21 times since the law was passed in 1789. The courts have upheld jurisdiction for only two of those
cases. But the results of Filartiga v. Pena–Irala (1980) have changed everything. In this case the court upheld jurisdiction and finally found guilty a
Paraguayan ex–police officer for torture and murder of Joelito Filartiga. Pena–Irala, the Paraguayan ex–officer, was about to be deported from the U.S.
Filartiga's family in America contacted human rights activist and lawyer Peter Weiss, requesting that he find some way to prosecute Pena–Irala before
he was deported back to Paraguay where he would be safe from prosecution. Weiss had to be creative and be quick about it; only three days were left
before the deportation.
His idea, to use the Alien Tort Statute as a human rights tool, had no precedent and was a long shot. How could he convince an American court to
accept jurisdiction over an event that happened in another

Anti Discrimination Law : Title Vii Of The Civil Rights...
a.I. Anti–discrimination law: Title VII of the Civil Rights Act of 1964– Title VII of the Civil Rights Act of 1964 protects American citizens and U.S.
employees working abroad such as Mexico: SANCHEZ vs. MORA–SAN MIGUEL ELECTRIC COOPERATIVE, INC Case No. CV–96–1430 RLP
/WWD (1997), 10th Cir. N.M., 1999: Ms. Sanchez won lawsuit against former employer, Mora–San Miguel Electric Cooperative for terminating her
due to sexual discrimination, which violates the Title VII of the Civil Rights Act of 1964 and Mexico Human Rights Act. II. Antitrust laws: Federal
Trade Commission– protects consumers by stopping unfair, deceptive or fraudulent practices in the marketplace by conducting investigations,
prosecuting companies and/or individuals that violate the law, developing rules to ensure a vibrant marketplace, and educating consumers and
businesses about their rights and responsibilities. (FTC, 2016). In the case of Mulford v. Altria Group Inc. Case No. Civ. 05–659 MV/RHS (2007),
Mexican smokers brought suit against manufacturer Philip Morris and Altria Group, Inc., for violating Federal Trade Commission Law and New
Mexico Unfair trade Practices Act by deceptively marketing cigarettes as "light" and "lower in tar and nicotine". The Court ruled in favor of the
Plaintiffs for the manufacturer fraudulent misrepresentation. b.I.The Foreign Corrupt Practices Act of 1977– is a U.S. Federal Law that prohibits any
U.S. citizen from bribing a foreign official for the purpose of obtaining

The Affordable Care Act
Policy Problem
During the botched 2010 roll out of the affordable care act, multiple veteran's agencies marched on Washington with fears of how the Tax/Mandate
would affect indigent veterans who could not afford the penalty and could not afford secondary insurance. In their hubris, these agents pushed an
agenda that has greatly hurt the veteran population.
Prior to the affordable care act, The Veterans health administrationwas an organizational based health care system. There were resources enough at
that point to afford the benefits veterans had rightly accrued with their service and sacrifice. Veterans who receive care at the VA fit into two
categories. They either are disabled from Service or they are means tested in. With the growing increase of the Disabled population in the veteran
community from the Gulf Wars, the budget has taken a strangle hold on the VA Administration. In an effort to still operate, Senior Officials have
chosen to break federal law because there has never been any real accountability in the bureaucracy that is the VA.
One of the VA's biggest issues right now is in regards to Quality of Care and Customer Satisfaction. Targeted media leaks and Congressional Testimony
has shown how varied the opinion of care is. Some Veterans are happy with their care and statistics have borne out that of the senior population,
Satisfaction with care has held at a stead 68% (Rachel Yehuda, 2015). These studies however are not taking into account those Veterans who

Business Regulation Law 531
Business Regulations Simulation
Law/531
Business Regulation Simulation When conducting business whether it is local and global, big or small organizations have to abide by state and
federal laws. Depending on the nature of the business different organization has to comply with certain laws and regulations. For example, retailers like
Wal–Mart, Target and Kroger have to comply with the Department of Labor and a manufacturing company like LM Fiberglass and Toyota would have
to comply with the Environmental Protection Agency and Occupational Safety and Health Administration (OSHA). When an organization do not
comply with the state and federal regulation the company can face fines or become caught up in major ... Show more content on Helpwriting.net ...
In this case of negligence Bates must prove that Alumina had a duty to keep the PAH levels contained. In a case Alumina breaches that duty by not
staying in compliance with the EPA regulation several years ago. Bates assumes that the consumption of the water cause the harm of her daughter to
have leukemia. In response Alumina chose to conduct an independent site study for new violations. The reports come back good the PAH levels were
well below the standard.
After releasing a partial audit report Bates has threaten to file a lawsuit against Alumina of personal injury to recover compensation and punitive
damages. Alumina negligent conduct of "serious violation of environmental laws five years ago is the cause of her daughter leukemia," alleged by
Bates (Business Regulations Simulation, 2010). The best resolution for this situation is mediation by a neutral third party, by choosing this options
Alumina can provide Bates with a confidential settlement. The settlement includes that Alumina provides Bates with reimbursement of medical
expenses for her daughter treatment a lump sum for future treatments and a college fund set aside if her daughters recovers from the leukemia
(Business Regulations Simulation, 2010). Although tort liability is founded on intended harm strict liability is attached even though the defendant has
been reasonable. In the Article titled " The American Influence on Canadian Tort

Binding Contract between Two Parties
"The law is a set of rules for society, designed to protect basic rights and freedoms, and to treat everyone fairly" (www.oas.org, n.d.). In essence, laws
were created as fair system to help society to keep the peace, shape moral standards, support social justice, facilitate orderly change, assist planning,
provide a basis for compromise, and to maximize individual freedoms (Cheeseman 2013, p.4). As a result of these issues, the U.S. law is constantly
evolving and changing with the norms of society, technology, and the growth and expansion of commerce in the United States and the world
(Cheeseman 2013, p. 5).
In addition, the U.S. legal system as originated from the English Common Law, has adopted the doctrine of stare decisis, which allows the courts to use
past court decisions and rulings as precedent for deciding future cases (Cheeseman 2013, p. 15). Concisely, law is a system that allows the courts to
find fair resolutions to legal issues and disputes involving jurisdiction, torts, contract formation, remedies, sales contracts, and agency, as presented in
this case study.
For instance, jurisdiction is defined as the power and authority that any given state or federal court has to hear or take action on any given legal case,
which is based on the United States constitution. There are three types of jurisdiction: in personam, which determines if the court has jurisdiction over
the parties involved in the lawsuit; in rem jurisdiction, which decides if a court has

Federal Tort Claims Act Essay
The Federal Tort Claims Act is a limited waiver of the federal government's sovereign immunity when its employees are negligent within the scope of
their employment. Typically the government cannot be sued whenever they have committed a tort or any of their employees have committed a tort,
making the government basically immune from being sued. The only time they can be sued is when the government says they can be sued. Luckily for
victims of torts, the government created the Federal Tort Claim Act which allows the victims of torts to sue the government for negligence of their
employees. There are certain limitations and criteria that must be followed. First, there's a two year limitation from the date of the incident from when
you have... Show more content on Helpwriting.net ...
But even though the Federal Tort Claim Act can provide a path toward recourse, there are still pros and cons one must consider before filing a claim.
When Congress declares private organizations or individuals as federal employees protected by Federal Torts Claim Act, it has determined that
potential liability may discourage an organization, or its employees, from doing the work they were hired to do. Essentially, immunizing potential
defendants from tort liability encourages work that Congress deems to be in the public interest. The Federal Torts Claim Act has several strengths,
including (1) holding government employees accountable for negligent or wrongful acts that occurred while acting within the scope of employment,
(2) any individual, business, or governmental entity is eligible to file a claim, and (3) established caps on attorney's fees. One concern with the
Federal Torts Claim Act is the time that it takes to get a claim resolved. Although a Federal Torts Claim Act claim is a federal matter, state laws can
negatively impact the timelines of your case. In particular, you must manage state laws regarding expert testimony and different filing deadlines along
with federal guidelines. Other complications may also affect your Federal Tort claims

Implementing Generic And Generic Drugs
INTRODUCTION
Over the last few years, the United States Supreme Court has struggled to determine when a manufacturer is liable, and should be held accountable, for
violating the duty to warn consumers about the dangers associated with brand and generic drugs through their labeling. Further, the Court has grappled
with determining which channels are available to consumers when a drug manufacturer breaches their duty. With the swarm of inconsistencies set
forth by the Court in each newly decided case, and a proposed rule regarding generic "changes being effected" preparing to take effect Fall 2015, it is
difficult to determine if the necessary guidance for drug manufacturers and consumers has been provided.
Pharmaceutical drug ... Show more content on Helpwriting.net ...
Second, laws such as the "learned intermediary doctrine" state, and courts have widely held, that a prescription drug manufacturer 's duty to warn runs
to the physician, the 'learned intermediary ', not directly to the patient. Only one state, New Mexico, has rejected the doctrine calling it "outdated" due
to the recent increase in direct–to–consumer marketing. The Court has struggled to define the distinction, if any, between generic and branded drugs in
terms of state tort liability and failure to warn claims. In Wyeth v. Levine, the Court decided that the FDA's drug labeling requirements for brand drugs
do not preempt state tort claims related to the dissemination of safety information. In essence, brand name manufacturers will be held liable for failure
to update their warning labels in an effective and efficient manner. Just two short years later, the Court contradicts its decision in Wyeth, and defines a
distinction for generic drug products, which applies federal preemption principles in Pliva v. Mensing. Finally, in Mutual Pharamceutical v. Bartlett, the
Court effectively barred generic failure to warn, and defective design claims in state courts. Currently, under state law, generic drug product

Greier V. American Honda Summary
Geier v. American Honda Motor Co. 529 U.S. 861 (2000)
Facts: In the National Traffic and Motor Vehicle Safety Act of 1966, the Department of Transportation made some auto manufacturers put restraints in
their vehicles, but not all the vehicles. This was under the Federal Motor Vehicle Safety Standard. Alexis Geier was hurt during an accident while
driving a 1987 Honda Accord that was not one of the vehicles equipped with restraints. Alexis and her family wanted damages under District of
Columbia tort law, she believed the Honda company acted negligently when they did not put an air bag on the driver's side of the vehicle. The ruling
in that was that her claims were pre–empted by the Act. The Court of Appeals concluded that the Act was pre–empted to the law suit.
Issue:Does the Safety Act express pre–emption, therefore, does it pre–empt the lawsuit Greier has brought forward? Secondly, does this lawsuit
interfere with FMVSS 208 included in the National Traffic and Motor Vehicle Safety... Show more content on Helpwriting.net ...
15 U. S. C. В§ 1397(k) (1988 ed.)." Per the case, Medtronic, Inc. v. Lohr, 518 U.S. 470, 502–504 (1996), "this statute speaks of pre–empting a
state–law "safety standard," not a "requirement," and that a tort action does not involve a safety standard." The lawsuit conflicted with FMVSS 208
which "required auto manufacturers to equip some but not all of their 1987 vehicles with passive

The Law Principle Of Sovereign Immunity
In this paper, I will research how Alabama, has recognized the old English version of the common–law principle of sovereign immunity that the state
cannot be sued without its consent and that since the state can act only through its officers and agents a suit against a state officer is in effect one
against the sovereign state.
This rule had its origin in the ancient common law, predicated on the principle that the king, being the fountainhead of justice, could not be sued in his
own courts. The doctrine of sovereign immunity over powers the Constitution of United States and gives governmental agencies strong autonomy and
the thinking they bars suits.
The legal definition of sovereign immunity The Black's Law Dictionary ... Show more content on Helpwriting.net ...
Uncertainty around the historical development of the doctrine of sovereign immunity, there is evidence that the petition of right to immunity was
adopted during the reign of Edward I, whereas prior to the reign of Edward I, the king could be subject to suit in his own courts. According to
scholars, King Edwards return to his farther Holly land and ordered that everyone that had a complaint or request to meet with him personally.
To ensure these meeting was held properly, the King required the petitions to be completed and screened by a special commission. The special
commission reviewed all petitions that were presented for certain factual inquiries and determined whether there was a "right"; if he concluded that
there was he endorsed the petition that right be done. Those petitions which rested on a claim of right were tried as to the facts by a commission or a
department and, if necessary, finally sent to the Exchequer, the Chancery, or the King 's Bench for ultimate disposition under the law. (suits taffe).
During the 19th century, scholars realized the petition process that the king out in place did not work. Scholars had little evidence to understand how
kings enforced tort laws against them and their officers. As one author states "What might be called the great disappointment in the development of the
petition of right was

Why The Arms Act Is An Undue Burden On The Gun Act Essay
1.The Exaggerated Rationale of "Frivolous Lawsuits" as an Undue Burden on the Gun Industry
The prohibition of "frivolous lawsuits" is at the foundation of the Arms Act's existence. Data show that, at the time the Act became law, there was no
fiscal crisis impending against the firearms industry and the magnitude of lawsuits had been exaggerated. The greater trend of "tort reform" itself has
succeeded in protecting private interests at the expense of meritorious claimants. This is one of the key reasons why the Arms Act implements a naked
preference as its means, with no legitimate public ends.
Beginning in the mid–1970s, corporate forces aligned with political candidates in order to curb regulation and install shields against tort liability.
Groups like the Manhattan Institute, the American Tort Reform Association (ATRA), and the American Legislative Exchange Council (ALEC)
procured this "tort reform" legislation. ATRA in particular has succeeded in pushing legislation that makes it more difficult for individuals to pursue
tort claims. In 2011, the Center for Justice and Democracy reported that "thirty–eight states have passed 'tort reform' laws that impede consumers'
ability to seek punitive remedies."
The National Center for State Courts reports that our perceptions of civil litigation are problematically distorted, even though "high–value tort and
commercial contract disputes are the predominant focus of contemporary debates." High–value tort cases make up

Federal Preemption Should Be Easily Decided
David Gorhan
MBA 610 Business Law
Final Paper: Federal Preemption
January 25, 2015
Cases about federal preemption should be easily decided. The basis of the concept is written clearly in the Supremacy Clause of the United States
Constitution. Article VI, Paragraph 2 states:
This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the
authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or
laws of any State to the contrary notwithstanding. (Cornell University Law School, n.d.)
Essentially, the Supremacy Clause states that the laws promulgated by the U.S. government take priority over any laws that the individual states have
enacted. The forefathers of the United States understood that while some issues should be under the states' discretion, others have more of a national
concern. Based on the Supremacy Clause, states are prohibited from passing laws that are inconsistent with federal law. In turn state constitutions have
also inserted Supremacy Clauses in their own constitutions that prohibit the municipalities from enacting laws that are inconsistent with state laws.
However obvious and simple this concept sounds, the Supreme Court of the U.S. (SCOTUS) has seen over twelve cases in the last five years concerning
federal preemption and the balance between state and federal power and

A Report On The Road Of Downtown Lac Megantic May Not Be A...
Analysis Rerouting the line to by–pass downtown Lac–MГЁgantic may not be a suitable option because of the financial state of the company. On the
other hand, if they decide to go ahead with it, they could take advantage of millions of dollars of available federal and provincial infrastructure
grants. MMA is required under 72.2b/c (correct a situation and welfare of the public), which is clear as per 77.2.1, the duty to the public is paramount.
MMA could train their employees properly by investing in internal worker training programs which would cater to educating workers on proper safety
procedures. This will ensure that both the employees and the company are in good standing (771.v and 77.1.iii). MMA could also conduct scheduled
maintenance to ensure that all their train and equipment, including tracks are fit to be on the rail roads and are in great condition as opposed to the
marginal conditions which constituted to the disaster. This would help to correct the issues they have with safety management and thus put the
company in good standing as per – 77.1.ii and 77.2.i. The engineer is required under section 77.8 to maintain the honor and integrity of the profession
and without fear or favor expose before the proper tribunals unethical conduct. The engineer may choose to ignore the behavior of MMA officials and
do nothing about it – 77.3 (act as a faithful agent), but there is a greater risk of being guilty of professional misconduct. The engineer could refuse to
engage

The Pros And Cons Of Criminal Justice Professionals
In recent years there has been an increase in litigation involving criminal justice professionals and civilians. Considering a criminal justice
professional is employed by Federal, State, and local government, not only is the criminal justice professional being sued but the Federal, State, and
local government which employed them. A prisoner or civilian have the ability to make such action due to the legal right granted to them by the
Federal Torts Claim Act. The practice of civil suit filings by prisoners and citizens againstcriminal justice professionals has become a trend. Civil suits
which bring to the attention a range of issues related to civil liability in our criminal justice system such as police misconduct or unethical treatment in
correctional facilities. The advantages and disadvantages associated with civil suits filed against criminal justice professionals are vast. The question
of whether or not an individual constitutional right was violated during an interaction with a criminal justice professionals are often the reason for a
suit being filed. Criminal justice professionals are charged with upholding the peace and ensuring that laws set by federal, state, and local governments
are being followed by citizens, and if not enforce penalties. Criminal justice professionals whether an officers or an official are held at a higher
standard compared to most civilian occupations. Being that criminal justice professionals hold a tremendous responsibility they are

Tort Law Can Be Defined As An Area Of Law
Tort law can be defined as 'an area of law that deals with the wrongful actions of an individual or entity, which cause injury to another individual's or
entity's person, property, or reputation, and which entitle the injured party to compensation' (Tort Law). In other words, a tort case occurs when a
person has broken civil law by inflicting injury, whether physical, emotional, or that of one's reputation, onto another person. When a crime such as this
has been committed, tort law allows for the injured party, or plaintiff, to seek out compensation for the wrongs that have been committed against them
(Tort Law). There are six types of Tort cases that could occur. These are Negligence, Intentional Infliction of Emotional Distress,... Show more content
on Helpwriting.net ...
Sexton). Later, the jewelry that was moved ended up getting stolen (B. Sexton). The defendant in this case was charged with Trespass to goods (B.
Sexton). Trespass to Land tort cases occur when there has been unjustifiable interference with another's land (B. Sexton). This type of trespass can be
committed negligently or accidently (B. Sexton). The final type of tort case is Products Liability. This occurs when injury or harm has been caused
by a defective product (Products Liability). In this type of tort case, there are three types of product defects that cause liability issues. These are design
defects, manufacturing defects, and marketing defects (Products Liability). A design defect is when the overall design of the product causes the harm
or injury to the plaintiff (Products Liability). A manufacturing defect occurs during the construction or production of the product (Products Liability).
In this case, only a few of the products are flawed (Products Liability). Finally, a defect in marketing occurs when harm is caused to the plaintiff
because the product was not labeled with any warnings about possible dangers with use of the product (Products Liability). Even though there are six
types of tort cases, torts can also be broken down into three main, general categories of torts. The three categories are Intentional Torts, Negligence
Torts, and Strict Liability Torts (Tort Law). An intentional tort can be defined as 'an act committed with the

Utilitarianism: Police Misconduct
Utilitarianism theology implies that morality of an action is dependent on the consequences for the greater good or happiness of others because
there is no morale act or rule. There is no right or wrong, so under the utilitarian philosophy if the outcome of the action is good is it moral, but if
the outcome is bad, it is immoral (Gaines & Keppeler, 2011). For example, a father is going 20 miles an hour over the speed limit to get his sick
child to the hospital and an officer pulls him over and gives him a ticket, it would cause pain because the father is given a citation on top of the fact
that the child may not make it to the hospital in time. Providing a ticket would be the unethical solution because it would cause the greatest amount of...
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According to Gaines and Kappeler (2011) litigation of police misconduct can be filed in state court claiming police negligently or intentionally
failed to perform their duties, or a civil suit brought in federal court under the claims that the police violated their constitutional rights. The primary
purpose of civil rights is to protect citizens from abuse of government officials. The statute known as Section 1983 was passed to protect civil rights
to unlawfully act under authority of state law to deprive another person of their rights by acting out of the scope of the authority granted to him/her
under state law (Gaines and Kappeler, 2011). It was a way of providing balance between the duty of the law enforcement to uphold the law and the
rights of citizens to be free of police misconduct. This legislation allows person whose civil rights have been violated by government officials to bring
civil suit to federal court to recover damages. Violations must meet the violation of constitutional or federally protect rights and not those under the
violation of city ordinances or state laws (Gaines & Kappeler, 2011). A person seeking civil rights violation must show that officials were acting under
the authority of law and the violation was a federally protected right; although, if the suit does not meet the criteria for civil suits under the federally
protected constitutional rights, it may be brought under the state level of tort

Law 304: Mcdonald's Hot Coffee Case
Hot Coffee Documentary
JORGE A. CENICEROS
National University
LAW 304
CHRISTOPHER J. REEBER, J.D., L.L.M.
Hot Coffee Questions:
Did you know about the McDonald's Hot Coffee case before the video?
I heard about the case, and like most people, my opinion was formed with inaccurate information. The information was provided via television and
radio, but there must have been information in the newspaper as well. Several radio talk shows used the case and their opinion to their benefit.
People from all over called in to share their opinion, similar to what we saw in the video. I remember I share the same opinion with some of them,
even though none of us had our facts straight. I was transitioning from San Diego to Los Angeles when this was going on. It was very interesting to
see how different the opinions from one city to the other over the "frivolous injury" case. (A, 2016) Regardless of the difference in personal opinion,
none of the comments and discussion I remember had any of the facts straight. 20 years after the case, most people still don't have the facts straight
from the case. Ant that is the real problem. We, the average citizen, do not get involved or even try to find out more... Show more content on
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Plainly said, Tort Reform is caps on damages. Tort reform is not just one single idea or law, but mostly it's a group of ideas and laws which are
designed to change the way our civil justice system works. After careful examination of several sites and blogs, it is obvious that Tort Reform is
extremely controversial. Several articles aimed at providing a neutral explanation of what individual tort reform measures are, and the effect they will
have on the court system and on citizens, if we are not careful when we vote for these types of policy changes. (Admin,

Alumina Inc: Company Analysis
Introduction According to the enterprise resource management module from class, the company Alumina, Inc. is a a $4 billion aluminum manufacturer
that had a discharge norm violation within the last five years ago from the Environmental Protection Agency (EPA) under the Clean Water Act. This
happened during a routine inspection of the surrounding bodies of water. Kelly Bates was (at the time) a local resident near Alumina, Inc. plant.
Unfortunately, her daughter now suffers from leukemia which Ms. Bates blames upon the plant's discharge because it is as old as the first report of
EPA violations against Alumina, Inc. Kelly and local newspaper started the research into Alumina, Inc. violations under the Freedom of Information Act
(FOIA). This short essay will clarify the applicable laws that both Ms. Bates must follow Alumina, Inc (University of Phoenix, 2010). Alumina Alumina
is an American–based company. The Clean Water Act violation showed that the PAH levels in the water were discharged above EPA regulation levels.
The violation was the corrected and the plant continued to be EPA compliant in further following inspections. The Clean Water Act is a federal law that
regulates pollutant discharge into surface waters administered by the U.S. Environmental Protection Agency. This body sets water quality standards,
enforcement procedures, and aids state and local governments in developing their own pollution control regulations ("Summary of the," 2012).
Enterprise risk management

Medical Malpractice and Tort Systems Essay
Health care organizations, particularly hospitals, currently face numerous legal issues, several of which will be examined in this paper. The first issue
to be examined is medical malpractice and the tort system. The medical malpractice and tort system makes up one of the major legal issues
encountered by hospitals and health systems. Showalter (2012) states that with the decline of charitable immunity in the 1970s, healthcare was one of
the areas impacted by personal injury law and was held liable for negligent acts. Today, malpractice continues to be a significant problem. Malpractice
lawsuits are considered when negligence in medical treatment provided by a physician, surgeon, other health professional, or hospital results in injury....
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In addition, according to Showalter (2012), physicians consider malpractice suits a substantial contributing factor to increasing health costs and
defensive medicine. Furthermore, Nelson, Morrisey, and Morrisey (2011) report that physicians emphasize the negative impact of malpractice lawsuits
on their reputations, since judgments and settlements must be reported to the National Practitioner Data Bank.
Like the malpractice and tort system, HIPAA and data breaches are an important legal issue that health organizations face. HIPAA was enacted in 1996
to ensure medical insurance portability and later, to improve standards for health information privacy and security (Showalter, 2012). As a result, it is
currently extremely important that health organizations are in compliance with HIPAA regulations and ensure that patient records are protected; health
organizations that fail to comply can face significant legal costs and penalties. In November 2010, Page and Fields (2011) report that six hospitals and
a nursing home in California that failed to prevent unauthorized access to confidential patient information were levied a fine totaling $792,000 in
November 2010. More recently, the General Hospital Corporation and Massachusetts General Physicians Organization, which represent Massachusetts
General Hospital in Boston, had to pay the

Essay on America Needs Tort Reform
According to the U.S. Chamber of Commerce Institute for Legal Reform, "The tort system is truly broken and in bad need of repair." Tort cases are
becoming an extremely common fight in the nation's legal system. Since 1986, 38 of the 50 United States have adopted some sort of tort reform.
However, with the many flaws of the tort system today, the suffering American economy will continue to fall behind if the American public does not
insist on fighting for justice in the legal system. The governing bodies of these states must continue to seek reform and propose strategies to fix the
corruption in the tort system. The legal system set up by the founding fathers will experience corruption in the negligence of these governing bodies.
Tort... Show more content on Helpwriting.net ...
Reform is needed.
In 2005, the estimated cost of the tort system in the United States was approximately 260.8 billion dollars. Broken down, every U.S. citizen spends
approximately 880 dollars annually on "litigation taxes" which fund United States tort cases (Balik, Carl). Understanding these numbers, it is absurd
to think that a family of 6 spends approximately $5,280 each year on frivolous cases in the nation's judicial system. With each U.S. citizen paying
roughly $1,000 on cases of tort, it is obvious that the system is being abused. Caps in the tort system limit the amount of money a jury can award a
victim. These need to be put in place in order to prevent further damage to the nation's economy and further abuse to the county's legal system.
Lawsuits of medical malpractice may be the greatest threat to justice in the legal system. Tort cases are constantly filed against medical practices
which cause health care prices to dramatically increase in states lacking caps. Medical practitioners are forced to undergo an unnecessary amount of
costly tests and procedures in order to defend themselves from frivolous lawsuits. The expenses of these precautions cause hospitals and other medical
facilities to charge more for the care given to the patients,

Tort Lawsuits Argumentative Essay
Have you ever seen a commercial for mesothelioma victims, saying that billions of dollars have been set aside for those injured by asbestos? That
you only need to call the number on your screen to receive your compensation? Or how about the ones for transvaginal mesh implants, Xarelto, or
men developing gynecomastia after taking ARVs? These are all tort lawsuits that have been/are being tried in court to punish companies for making
faulty products. This seems fair, doesn't it? It is, don't get me wrong, but like every good thing it can be taken too far. Let me give you an example.
Onder Law Firm of Webster Groves of Missouri came across some cases of baby powder causing ovarian cancer. They took these lawsuits and ran
with them. They made... Show more content on Helpwriting.net ...
Now is the time for reform before prices on all products rise for insurance, before companies go bankrupt, and before we suffer twice for the things we
buy–once when we buy the expensive product due to the company's need to pay for insurance and again when it causes an unforeseen harm. Tort
lawsuits trace their roots all the way back to medieval times. Back then there was no clear distinction between criminal lawsuits and tort lawsuits,
but there were tort cases. A tort lawsuit was first considered any case dealing with trespassing on someone's property, bodily injuring someone,
taking a hostage, or damaging someone else's property (Aliprandini and Walter 1). As said, really no clear distinction between criminal and tort
lawsuits. Later, in the late 1900's, tort evolved into more personal injury and wrongful death cases. One case that really kicked off and defined this
new evolution was the Goodman v. Yuba Power Products trial in 1963. Yuba produced a tool called the Shopsmith, a saw, drill, and wood lathe all in
one. This tool, even when assembled correctly, caused injuries so it was brought to court. The plaintiffs (or the ones bringing the case to court) won
large damages to compensate for the injuries caused, This case was the precedent to what we recognize as tort law (Aliprandini and Walter

Basic Functions of Law: Australia
These following notes will cover these topics: (Australian Law System) The Functions of law, Social Cohesion,Social,Progress,Sources of
law,Parliament made law,Judge–made law Which type of law is sovereign?,Classification of Law,Regulation of human behaviour,Criminal
law,Classifications of Crime,Objectives of sanctions,Civil Law,Types of civil wrongs,Civil remedies,Types of civil remedies,Crimes The Functions of
law The two functions are: 1 Social Cohesion 2 Social Progress Laws are needed to achieve these dual functions simultaneously. Social Cohesion Laws
must preserve values and human rights i.e. the right to vote. Laws set acceptable standards of behaviour Laws prescribe consequences for breaching
standards of behaviour.... Show more content on Helpwriting.net ...
In Australia, all behaviour is legal unless prohibited by law. The power over criminal law is shared between the state and the commonwealth
governments; therefore each state defines its own crimes and provides its own courts to resolve these types of disputes. A person who commits a
crime is prosecuted by the Department of Public Prosecutions (DPP) in the district or supreme courts or by Police in the Magistrates Court. A
criminal dispute is a dispute between the state, acting on behalf of the community and the defendant who is accused of committing a crime but who
remains innocent until proven guilty in a court of law(before the case reaches the courts, the defendant is known as the accused). To identify a
dispute in court, every case is formally cited (named). Criminal cases are cited in the following way: R v. Smith (defendant's surname) R represents
the prosecution (state). It stands for Regina or Rex (Queen or King). It is always written first to show the prosecution has the burden of proof. In
cases of appeal, the surname of the person appealing is written first. This person is known as the appealant, the other person is known as the
respondent. In criminal cases the standard of proof is beyond reasonable doubt. This means

Midterm Review
The Federal Circuit Court of Appeal has appellate jurisdiction over the U.S. Claims Court. True Which of the following terms best describes the
decision reached by an arbitrator? Award The dispute resolution method that is most likely to be used by a regulatory agency to negotiate the
provisions of the regulations with the interested groups so that there is less likelihood of a challenge once the regulations are promulgated is: regulatory
negotiation With reference to the federal government, which of the following is definitely true regarding a system of checks and balances? Only one of
the branches is given all the authority. All the branches of the government are given equal authority. All the branches of the government operate
... Show
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assault. disparagement. battery. Which of the following is one of the defenses to negligence? The tort was committed in defense of self or others. The
plaintiff contributed to the injury by doing a negligent act him– or herself. The tortfeasor did not have the intent to harm. The tortfeasor was as careful
as possible. What is meant by appropriation of name or likeness? Using someone's name or photo, usually in an advertisement, without his or her
permission Intentionally publishing something that puts another in an unfavorable or untruthful light, though it is true Intentionally intruding into a
space someone has a right to consider private Widely disseminating information about someone which, though true, is highly private and need not be
publicized Antitrust crimes involve unfair marketing techniques and conduct designed to eliminate competition through unfair means. True Tenants by
the entirety is a form of holding property that is specific to married couples. True _____ includes land and anything permanently attached to it such as
houses. Tangible personal property Real property Intangible personal property

Prison Rape Elimination Act
The issue of sexual assault in correctional facilities is very complex and the implications reach far beyond the walls of the institution. Congress found
that "prison rape endangers the public's safety by making brutalized inmates more likely to commit crimes when they are released." It is estimated that
as many as six hundred thousand inmates are sexually brutalized every year in correctional institutions every year. The victims of these crimes can
suffer physical and psychological effects that will hinder the ability that they have to integrate back into society and gain employment once they are
released from prison.
In September 2003 then President Bush signed into law the Prison Rape Elimination Act or (PREA). It is the first law of ... Show more content on
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Often times there were discriminated against and forced to be housed separately from other prisoners and were often times even denied equal access
to prison rehabilitate programs. In 2011 Alabama was one of only two states that was segregating inmates living with HIV. In Henderson et al. v.
Thomas et al. a federal judge ruled that the Alabama Department of Corrections (ADCO) could no longer discriminate against prisoners living with
HIV by housing them separately from all other prisoners and could no longer deny them access to the prisons rehabilitative programs. U.S. District
Court Judge Myron H. Thompson ruled that the Americans with Disabilities Act (ADA) prohibited blanket disability–based exclusions and mandates
that prisoners with disabilities must be housed in the most integrated settings appropriate to the needs of the individuals. Exceptions must be made on a
case by case basis if the situation specifically warrants a different treatment. The court then ordered The Alabama Department of Corrections to develop
a plan to end its discriminatory

Cja 520 Federal Torts Act 1946
Federal Tort Acts of 1946 Jenna Smith CJA 520 Professor Mark Holley July 30, 2011 Introduction In the United States today if you as an officer
put either you or your department in a liability, for any type of act that is not warranted and handled in a professional manner you are opening
yourself for a number of different actions which could hurt both you, your department as well as causing you to loss everything that you own, just
because you decided to not following proper protocals which were developed for you department. "In any case in which death was involved, the law
where the act or omission complained of occurred provides, or has been construed to provide, for damages only punitive in nature, the United States
shall be... Show more content on Helpwriting.net ...
al., 2003). We do not have enough information about this case to know whether there was anything the hospitals in question could have
reasonably done different. Illegal Sales A man in Broward County is suing liquor giants Bacardi and Coors, among others, for directing their
marketing towards minors. In his suit, the man is described "as a parent whose children В‘have consumed one or more of the defendants '
products while still underage" (Danner, P., 2005). The lawyers have obviously decided this sounds like a good lottery case, and are trying to get the
case certified as a class action that way they can offer themselves to any parents or guardians of minors who purchased alcoholic beverages from1982
to present (Danner, P., 2005). The more people they get, the more they will receive in fees and this doesn 't have anything to do with them offering
themselves, just to see justice done. Smoking Torts The tobacco industry is one of the hardest hit, with almost no one nationwide accepting
responsibility for their inability to loosen the habit. Longtime smokers are not the only ones who have gone after big tobacco, though. The company
who makes Camel cigarettes paid out much money for using a cartooned camel named Joe in their advertising, with lawyers alleging they were
targeting kids. Betty Bullock was awarded 28 billion dollars for having lung cancer, and the

Medical Malpractice And Tort Reform
Medical Malpractice and Tort Reform Within the realm of American tort law, medical malpractice is equated to professional negligence and is a highly
debated issue. "The government estimates that between 44,000 and 98,000 people die each year in hospitals due to medical mistakes, the vast majority
of them preventable" (Lau & Johnson, 2011). In differentiating this type of tort from standard negligence claims, similarities and differences are
illustrated through the elements of a cause of action and available defenses. In further examination of the issue, ethical questions arise in regards to
malpractice tort reform, which can be analyzed through the presentation of multiple professional perspectives as well as previous tort cases in order to
expose the multi–faceted issue at hand.
Four Elements of a Medical Malpractice Cause of Action First, in order for a plaintiff to prevail through a medical malpractice cause of action, four key
elements must be proven. Initially, the existence of a patient–provider relationship must be evident. Additionally, there must be an establishment of a
medical standard of care. This foundational element pertains to the appropriate level of care under the circumstances, essentially the average degree
of care and skill of similar health care providers. The third element which must be proven is a breach of that medical standard of care. By contrasting
the care provided in the specific case to the typically appropriate level of care expected from a

Doe Vs. Unocal Corporation
Doe v. Unocal Corporation case is well–known and complicated, however, this long lasting series of trials gave an opportunity to small individuals
be on a par with large corporation in terms of the Alien Tort Claims Act (ATCA) and other International laws. The ATCA was founded in 1789 and
allows foreign citizens to bring civil lawsuits in the US courts for damages caused by violations of the law of nations and treaty of the United States.
Recently, it has been largely used to bring legal actions against companies working in other countries, for example, in cases of environmental threats
(Globalpolicy.org, 2016). If these claims are allowed to proceed ATCA can rightly be considered, as a powerful tool for increasing corporate
responsibility. ... Show more content on Helpwriting.net ...
After this actions, the case proceeded on two tracks: the plaintiffs appealed the dismissal of the international human rights claims under the ATCA to
the United States Court of Appeals and the plaintiff re–filed their state–law claims in California state court. This time the case against Unocal went to
trial because the plaintiffs had presented evidence that Unocal was responsible for human rights violations and Judge Chaney discovered a data that
would permit a jury to find that Unocal's joint venture employed the military to guarantee a security (Earthrights.org, 2016). And that Unocal is
therefore liable for the military's human rights abuses, and breached California constitutional and statutory law in its

Marriage Act ( Doma ) Essay
Two New York residents, both women, married lawfully in Canada. When one of the spouses, Thea Spyer, died, she left her estate to the other
spouse, Edith Windsor. Windsor was not able to claim the estate tax exemption for surviving spouses because of the Defense of Marriage Act
(DOMA), a federal law that excluded same–sex partners from the definition of "spouse" in its statutory use. Both the district court and the court of
appeals found that portion of the statute unconstitutional. Granting certiorari, the Supreme Court affirmed. The State of New York recognized
Spyer's and Windsor's Canadian marriage as valid. As such, DOMA "[sought] to injure the very class New York [sought] to protect" and violated
Due Process and Equal Protection principles. The Court reiterated that "'a bare congressional desire to harm a politically unpopular group' cannot
justify disparate treatment of that group." b. Unpacking the "Bite" Cases Animus or a "bare desire to harm" is a prevalent ground for applying
rational basis with bite scrutiny. The court is also likely to use rational basis with bite when analyzing "laws that classify on the basis of an immutable
characteristic or burden a significant right." Classifications based on immutable characteristics – those that an individual cannot control – threaten
principles of fairness integral to Equal Protection doctrine. In closely related Due Process doctrine, a law that burdens a significant right – i.e., burdens a

Sea Tow Case Study
I would have to say that this case could fall under the Limitation Act. Basically, the Limitation Act covers misfortunes that happen on the
traversable waters of the United States to include individual injuries and damages to equipment. Traversable is a key point in this act because if
the waters are not traversable then the owner is not qualified for the losses or injuries that occurred. Let's start with the Tug owner. First, the Tug
was in traversable water until the owner ran it into a sand bar to keep it from sinking. В§ 189 limits the amount of money owed by the owner to
his portion of the ships ownership. So, if he owns one third of the ship, her is required to pay fees p to one third of the amount of the total debt
owed without going over the total coast of the vessel itself or the cargo. Therefore, the owner is responsible for paying the Sea Tow and the Cargo
owner, however the total amount owed cannot exceed the value of the vessel and the value of said cargo. As far as the damaged rudder goes, the
owner can, under the Federal Tort Claims Act . This Act enables a private citizen to hold the U.S. accountable for damages
... Show more content on
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For this issue we must look at the law of salvage. Under this law if a ship is in need of rescue or any help what so ever to include abandoned ships,
the rescuer is entitled to moneys for his efforts as long as the vessel has been saved. Furthermore, salvage rights can be entitled even if the vessel
does not agree to accept the services. Another key factor in salvaging is that the salvage ship must voluntary help the distressed vessel. The amount
of monies that the salvaging ship is owed is deemed by the courts. So, in this case the owner of the ship will owe the Sea Two monies due to the Sea
Tow being voluntary and the tugs successful recovery. Since a price was not agreed upon, the two vessels can settle it themselves or have the court settle

Sosa V. Humberto Alvarez-Machain
Jose Francisco Sosa V. Humberto Alvarez
–Machain,
United States Supreme Court, June 29th 2004
Facts: Humberto Alvarez–Machain participated in the torture and murder of a U.S. Drug Enforcement Administration officer. Although a federal
district court issued a warrant for his address, they were unable to extradite him from Mexico and instead hired Mexican nationals to kidnap him and
bring him to the U.S. Humberto Alvarez–Machain subsequently argued that he was kidnapped forcibly, against his will, to the United States. The United
States Supreme Court was asked for an opinion.
Issue 1: Under the Alien Tort Statute, are individuals allowed to bring a civil suit against non–citizens for crimes conducted and committed in violation
of the law of

Tort Law Reform And The Law Of Negligence
Introduction
A Tort is a legal construct and is not to be confused with a wrong in the general sense. It only exists where the law exists'' The question is, Where
there is no debate or argument that a duty of care is owed to customers, public, employees where possibility of a risk may occur, that the scope of
liability in the tort of negligence or breach of duty.
In 2002, a Review of the Law of Negligence in Australia conducted by panel and chaired by the Honourable David Ipp (known as the IPP Report) and
the Recommendation 28 of the Standard of Care and Breach of Duty and Remedies/ Damages. As Stuart and Clark summarise, there has been major
hurdles across the country and codifying common law in the NT would be fruitless. "Tort Law Reform. While the tort law reform process has been
identified above as a driver in the move to class actions, the system of reform undertaken at both federal and state levels has had a number of important
outcomes, namely reform to the law of negligence. Amendments to limitation periods, and the capping, or extinguishing, of certain heads of damage.'
Definition of 'Duty of Care', and Standard of Care:
A Duty of Care – 'An Obligation imposed on a person to take reasonable care to ensure that they do not cause another person to suffer harm. Duty is
frequently determined by reference to established categories, for example, doctors to patients: ; 109 ALR 62. When in doubt, there is no settled
methodology for establishing duty of care

Contract Law Case Summary
89) Defendant stopped all contact and sent a check for partial payment of damages. 90) Wyo В§ 1вЂ‘1вЂ‘108. Voluntary partial payment of liability
claims. No voluntary partial payment of a claim based on alleged liability for injury or property damage shall be construed as an admission of fault or
liability, or as a waiver or release of claim by the person receiving payment. Defamation / Retaliation (continued) 91) The Plaintiffs new position
required that he manage and grow the office in Billings MT. The sales territory included Wyoming. 92) The State of Wyoming Lands and Investments
controlled property between Greybull, and Bison Wyoming that had been used as a historic dumping location. 93) As manager the Plaintiff spent
approximately... Show more content on Helpwriting.net ...
In Tameny,7 the plaintiff, alleging both contract and tort causes of action, brought suit after being terminated for refusing "to yield to his employer's
pressure" to engage in acts constituting state and federal antitrust violations. (Id. at pp. 170–171, 164 Cal.Rptr. 839, 610 P.2d 1330.) The trial court
sustained a demurrer to the tort claims. The Supreme Court reversed on the basis that "an employer's obligation to refrain from discharging an
employee who refuses to commit a criminal act does not depend upon any express or implied ` "promise[s] set forth in the [employment] contract"'
[citation], but rather reflects a duty imposed by law upon all employers in order to implement the fundamental public policies embodied in the state's
penal statutes." (Id. at p. 176, 164 Cal.Rptr. 839, 610 P.2d

Quest Diagnostics Inc. Court Case Study
(a)Plaintiff is a term that is used to refer to an individual or group that is accusing another of wrongdoing by stating that a law is broken. The
plaintiff in this case is Peishu Zheng. (b)In criminal prosecution, a defendant is the individual or entity that is accused of wrongdoing or a crime;
while in a civil case, a defendant refers to the individual or entity from whom some form of civil relief is being pursued. The defendant in the case is
Quest Diagnostics Inc. (c)Dr. Zheng had been an employee of Quest Diagnostics Inc. for three years before the heath diagnostics company terminated
his employment. This termination followed the filing of two lawsuits against Dr. Zheng's failure to correctly diagnose melanoma. After conducting a
thorough analysis of his work, the company established that 79 of 20,000 of Dr. Zheng's interpretations were in discordance, and fired him on 8
October, 2002. In compliance with the Health Care Quality Improvement Act of 1986, Quest Diagnostics Inc. submitted an action report to the NPDB
which stated that Dr. Zheng was fired due to quality issues and lack of adequate skill level. As a result, the plaintiff filed a lawsuit against the
defendant on grounds... Show more content on Helpwriting.net ...
В§ 1332, 28 U.S.C. В§ 1291 (c)A decision by the U.S. Supreme Court–Erie R. Co.v. Tompkins, 304 U.S. 64 (1938) (d)A decision of a federal appellate
court other than the U.S. Supreme Court–Feggans v. Billington, 677 A.2d 771, 775 (N.J. Super. Ct. App. Div. 1996), Bainhauer v. Manoukian, 520
A.2d 1154, 1166 (N.J. Super. Ct. App. Div. 1987) (e)A decision of a federal trial court
–Fed. R. Civ. P. 56(c); Carasca v. Pomeroy, 313 F.3d 828, 832
–33
(3d Cir. 2002) (f)A decision of a state court–In re Color Tile, Inc., 475F.3d 508, 512 (3d Cir. 2007); Penn. Coal Ass'n v. Babbitt, 63 F.3d 231, 235 (3d
Cir. 1995)–given in a third circuit court Question

Event Medical Staff Training Summary
Event Medical Staff Training Manual About Us We are an LLC mobile medical care unit, specifically trained to deal with event medical staffing. We
are compassionate, caring, and professional. A team of 8–10 independent contract EMT's will be available for bookings. We provide on–site medical
care, and a 24 hour medical booth. Our teams respond to all medical calls, roam the grounds to look for emergencies, and limit the need for medical
transport for events. Corporate Regulation According to yourtrainingprovider.com: "The Centers for Medicare and Medicaid (CMS) oversee most of
the regulations related directly to the health care system, and for ensuring compliance to the Health Insurance Portability and Accountability Act
(HIPAA). HIPAA,... Show more content on Helpwriting.net ...
The ATSDR responds to hazardous material threats, educates the public on HAZMAT risks and encourages community members and organization's
participation. The Environmental Protection Agency (EPA), another federal agency, was created to protect human health and the environment through
the writing and enforcing of regulations based on laws passed by Congress."(yourtrainingprovider.com. n.d.) Contracts When an event is booked, a
legally binding contract will be drawn up by our lawyers. It will include an agreement, consideration, capacity, genuineness of assent, and legality of
purpose. It will be signed by the event coordinator, event medical services CEO Jayme Ward, and a witness. The contract shall include: event name,
date, and location, type of event, expected number of attendees, and an outline of the services we provide. Negligence & Torts Business Law–Law
Business and Society states that torts are, "civil wrongs not arising from contracts."(McAdams. P. 278) Torts involve a breach of duty resulting in loss
and or injury. Negligence is defined as, "situations in which harm is caused accidently, and no intent is present." (McAdams. p.279) According to the
association of state and territorial health officials, "A number of specific negligence theories may apply in the emergency response context: Medical
Malpractice–Health care providers may be open to malpractice claims for breach of duty to a patient. Scope of Practice–A licensed

Malpractice And Malpractice Of A Healthcare Organization
EXECUTIVE SUMMARY
This paper will be discussing tort as it relates to negligence and malpractice in a healthcare organization. It will try explain how negligence and
malpractice drive up the cost of healthcare and how there has been a clamor tort reform, what would be the content of the reform and the expected
outcome. Lastly the essay would prove to us that there is no indication since tort reform has been implemented, that points to a reduction in the cost of
healthcare and the cost of running a healthcare organization in relation to paying high malpractice insurance.
TORT
Tort is a civil wrong for which a court of law provides remedy for a civil wrong that has been committed against an individual, Remedy could be
sought for a personal loss, financial loss, and personal injury (Smith, 1993). "A tort is simply the Norman word for a wrong but torts have typically
been distinguished from crimes and from wrongs identified with contractual relations. Tort law, then, is concerned with civil wrongs not arising from
contracts" (White, 2003, p.xxiii).During the very early years of tort been introduced in to legal discourse and proceeding, tort was considered as a
wrong that came by way or forceful damage or hurt. It was widely regarded both as a civil wrong and a criminal during those early years, civil wrongs
can be classified as a wrong that involves no violence and also a wrong that involves an element of force and violence (Street, 1906).
HISTORY OFMEDICAL MALPRACTICE

Employment Law Case Presentation and Analysis Essay
Facts of the case: Imagine you are an HR manager and your boss and owner of the company, Bill, comes to you suspecting his assistant, Paige, is
stealing money from the company. Bill would like a polygraph test conducted to see if Paige is stealing from the company. He would also like you to
conduct electronic surveillance on Paige's work e–mail for anything suspicious.
Additionally, Bill mentioned, "Paige is on Facebook. I know you are, too–why don't you 'friend' her on Facebook and see what information you might
find out."
You have heard rumors of a potential romantic relationship between Bill and Paige (Colorado State University–Global Campus, 2014b).
Questions: 1) Discuss all legal and ethical issues with which you are faced in ... Show more content on Helpwriting.net ...
2)) or a violation of the Electronic Communications Privacy Act of 1996 (ECPA) (Colorado State University–Global Campus, 2014b, p. 3) are founded
in the actions or rumored actions of Bill, the owner of the company, vis–Г –vis Paige, as well as Bill's proposals to the HR manager for a polygraph
test, monitoring Paige's emails and "friending" on Facebook (Colorado State University–Global Campus, 2014b).
Paige's Cause of Action and Alternatives
2) Assume Paige discovered Bill's suspicions and that she is not stealing from the company. She feels extremely uncomfortable at work now as a result
and wants to quit, but she needs the money. What should Paige do? (Colorado State University–Global Campus, 2014b).
Paige could bring a state court lawsuit based on the torts of IIED and invasion of privacy, or a federal court action based on those torts plus hostile
work environment under Title VII of the Civil Rights Act of 1964. She could also file a complaint with the U.S. Equal Employment Opportunity
Commission (EEOC) making similar claims under Title VII (Maatman, Jr. & Degroff, 2012), especially hostile work environment.
3) How should Paige approach any legal cause of action, and what is that cause of action? Should she commence litigation, or is another alternative
more preferable? (Colorado State University–Global Campus, 2014b).
Paige could bring a state court lawsuit based on the torts of IIED and invasion of

The Remedy Stripping Quality Of The Arms Act Essay
Berzon's Ileto dissent suggests that a higher level of scrutiny than default rational basis review should apply to the Arms Act–a legislative action that
strips judicial remedies without providing any kind of alternative recovery scheme. The remedy–stripping quality of the Arms Act is just one of its
troublesome features; the Act is not only a good candidate for rational basis with bite scrutiny, but it also reveals itself to be deeply problematic upon
application of that scrutiny. Cass Sunstein's theory of the Constitutional prohibition of naked preferences fits neatly with rational basis with bite
scrutiny. By allowing courts to look at the legislative history of the Arms Act, rational basis with bite smokes out naked preferences within the Act.
These naked preferences benefit the politically powerful firearms industry, while burdening the right of gun violence victims, their families, and
municipalities seeking justice and accountability to have their claims adjudicated in the courts of law. These claimants are rendered politically
powerless. While the Arms Act's purported purposes make it difficult for courts to declare the statute unconstitutional under existing substantive Due
Process doctrine, a closer look at these purported purposes applying naked preferences–minded rational basis with bite scrutiny reveals that these
purposes are neither legitimate nor truly public–minded. This presents unsettling policy implications. A.But First, What About Laws Granting

The Tort Of Intrusion On Seclusion
Introduction
The Ontario Court of Appeal recognized the tort of intrusion on seclusion in Jones v Tsige. This decision provided the foundation for determining
damages under the tort. The foundation in Jones was modified by case law. This multiple case analysis will explore how an Ontario court should
calculate damages, with reference to the following cases: Alberta v Alberta Union of Provincial Employees, Hopkins v Kay, and Condon v Canada.
Taken together, these cases indicate that a damage award in Ontario should reflect the offensiveness of the invasion ofprivacy and the harm it caused.
These factors should be balanced against any steps taken by the defendant to rectify the breach. Ultimately, this assessment should be ... Show more
content on Helpwriting.net ...
The interest protected by the tort is intangible. Therefore, proof that a recognized economic interest was harmed is not required. For this reason,
Sharpe JA capped potential damages at $20,000. Sharpe JA is trying to leave room to differentiate between degrees of highly offensive intrusions. He
concluded that a range is necessary to maintain "consistency, predictability, and fairness between oneplaintiff and another".
To determine where a case fits within the range, an Ontario court should consider five factors when assessing damages:
(1) The nature, incidence and occasion of the defendant's wrongful act, (2) the effect of the wrong on the plaintiff's health, welfare, social, business or
financial position, (3) any relationship, whether domestic or otherwise, between the parties, (4) any distress, annoyance or embarrassment suffered by
the plaintiff arising from the wrong, and (5) the conduct of the parties, both before and after the wrong, including any apology or offer of amends made
by the defendant.
Sharpe JA did not mention whether this list was exhaustive. Furthermore, aggravated and punitive damages are neither excluded nor encouraged under
the tort, unless the case is exceptional.
Sharpe JA found that the defendant's deliberate and repeated actions arising from a complex domestic arrangement, and its provocation of strong
feelings and animosity in the plaintiff, favoured a higher award. In contrast, the fact that the plaintiff suffered no

Recognizing And Minimizing Tort And Regulatory Risk Plan

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