Introduction , law of tort
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This document provides an introduction and overview of the law of tort. It begins with the objectives of the session which are to define what a tort is, explain the essential elements of a tort, and differentiate between torts and crimes. It then discusses the history of tort law, noting that tort law was formed to address offenses related to everyday affairs. The key Roman principles that influenced the development of tort law are outlined. The document also covers the scope of tort law including addressing civil wrongs, punishing wrongdoers, promoting peace, damages, and remedies. Examples are provided to illustrate tortious acts and the available legal recourse. The key elements of a tort - the wrongful act, legal remedy, and legal damage to
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Identify at least two (2) factors that have led to the explosive growth of digital crime over the past a few decades. Next, describe the most common forms of digital crime, and give your opinion as to why those forms you described are so common. Provide a rationale for your response.
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I believe these are the most common forms of digital crimes because they are the most commonly used by individuals.
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2. Viruses- Enforced by The Secret Service
3. Piracy- Enforced by the ICE, FBI, and HIS
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"Explosive Growth of Digital Crime and Fighting Digital Crime" Please respond to the following:
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Identify at least two (2) factors that have led to the explosive growth of digital crime over the past a few decades. Next, describe the most common forms of digital crime, and give your opinion as to why those forms you described are so common. Provide a rationale for your response.
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1. Cyber Stalking- Enforced by the FBI
2. Viruses- Enforced by The Secret Service
3. Piracy- Enforced by the ICE, FBI, and HIS
Please respond to the following student
Top of Form
·
Alecia Giles
·
RE: Week 1 Discussion
Over the past few decades, the need for computer technology has greatly increased. Users now turn to many forms of "computers" for daily tasks. Therefore, digital crime has also increased. Two factors that I believe have led to the explosive growth of digital crime
1. Identity Theft- Since computers are used for almost everything we do in life, many of us enter too much personal information into these devices. This personal information is now out there for hackers to retrieve and use in the theft of our identity.
2. Credit Card Fraud- An increase of online purchases and bill payment has allowed for credit card information to become more vulnerable to theft and/or fraud.
I believe these are the most common forms of digital crimes because they are the most commonly used by individuals.
Three types of digital crime include:
1. Cyber Stalking- Enforced by the FBI
2. Viruses- Enforced by The Secret Service
3. Piracy- Enforced by the ICE, FBI, and HIS
The federal virus genies in question can improve the overall public response to such computer crimes by identifying target areas for the reported crimes. Individual citizens can also assist in the fight against digital crime as well. To do so, when a crime is committed, the citizen should immediately report all aspects of the known crime to the proper authorities. Additionally, individual citizens can do things to prevent said crimes from occurring, such as; block and report cyber stalkers, install and use trusted anti-virus software and stay away from piracy websites.
Discussion 2
"Tort Law and Police Powers"
Please respond to the following:
·
From the e-Activity, specify the key differences between criminal law and tort law. Next, explain the common approaches that the judicial system takes in order to ensure that the public upholds these two (2) types of laws. Provide one (1) specific exa.
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The document provides an introduction to the law of torts. It discusses that tort law allows those harmed by the wrongful acts of others to sue for damages. There are three key elements to a tort claim: the defendant had a duty to the plaintiff, breached that duty, and caused injury to the plaintiff. Tort law originated from moral and civil obligations in society and aims to compensate harm while distinguishing civil wrongs from criminal acts. The historical development and application of English tort law in India is also summarized.
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Manuscript
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The rule of law underwent radical changes in post-apartheid South Africa following the adoption of the 1996 Constitution. While the Constitution and the Bill of Rights enshrined new rights and protections, their implementation has faced significant challenges. South Africa now has extremely high crime rates that threaten democratic progress. Prosecutors have played a role in navigating constitutional issues but have limited means to initiate challenges. There is a need to develop the limitation of rights concerning crime and to shift emphasis to victims' rights while maintaining a balanced justice system.
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The document defines and explains key concepts related to tort law. It notes that a tort is a civil wrong that results in harm or injury, for which the remedy is an action for unliquidated damages. For a tort to exist, there must be a wrongful act or omission by the tortfeasor that violates a legal duty and causes damage or injury to the plaintiff. Examples of key elements of a tort claim are provided, and torts are distinguished from crimes and contracts.
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Introduction , law of tort
- 1. Law of Tort Introduction & Overview Dadabhoy Institute of Higher Education 25th Feb 2020
- 3. Objectives of today’s Session What is Tort? Meaning of Tort Definition of Tort Essentials of Tort Difference between Tort and Crime.
- 4. Ice-Breaker Activity if, someone throws water on you? You are sitting in a class and someone pulls your chair. if, your neighbour throws garbage in your garden? you are walking on a road and you fell down in a manhole. What will your recourse be?
- 5. History of Law of Tort Law and civilisation co-exist. One cannot exist without another. If one flourishes, the other one develops too and with the decline in one, the other suffers. So, for offences related to day-to-day affairs, tort law was formed. Roman principle. ALTERIUM NON- LAEDERE. “Not To Injure Another”. HONESTY VIVERE “To Live Honourably” SUUM CLIQUE TRIBUERE to provide justice to each person. All these three maxims can be attributed for the development of Law of Torts.
- 6. Scope of law of Tort • Civil Wrongs • To Punish Wrong Doer • Promote Peace in the Society • Damages • Remedies • Justification Of Wrongful activities Itisthe studyofthe:
- 7. Meaning of Tort TORT Tortum To Twist Wrong Twist Unlawful
- 8. Definition Of Tort According to Salmond • , “It is a civil wrong for which the remedy is common law action for unliquidated damages and which is not exclusively the breach of the contract or the breach of the trust or other merely equitable obligation. According to Winfield “Tortious liability arises from the breach of duty primarily fixed by the law: this duty is towards the persons generally and its breach is redressable by an action for unliquidated damages.”
- 9. What is a Crime? An act or an omission which constitutes an offence & which is punishable by law Acts which are inherently wrong ‘Mala in se’ – wrong by itself • E.g. murder, rape, kidnapping, assault These acts are illegal because they are immoral Many activities have become criminalised on an evolutionary basis through common-law
- 10. Difference between Tort and CrimeTort Crime Wrong against an individual. Wrong against state. Defendant prosecuted in civil courts. Defendant prosecuted in criminal courts. A civil action will be brought against defendant. A criminal charge may be imposed on defendant. If guilty then wrong doer must pay compensation or damages to injured party. If found guilty then wrong does pay compensation and also punished.
- 11. continued……. Main purpose of law of tort is to compensate injured party and punished wrong doer. The main purpose of criminal law is to maintain law & order and to protect public. Branch of private law. Branch of public law. Burden of proof on claimant. Burden of proof of prosecution.
- 12. Ingredients of Tort Wrongful Act Legal Remedy Legal Damage to Plaintiff
- 13. Wrongful Act i. Violation of Private Right. ii. Right to safety and Freedom iii. Right to Property.
- 14. Legal Damage to Palintiff Injuria Sine Damunm • Injury without damages. • (Right to vote) Damunm Sine Injuria • Damages without violation of legal right. • (Coaster Grammar School)
- 15. Legal Remedy UBI JUS IBI REMEDIUM Where there is a right, There is a Remedy.
- 16. Case-Studies Case-Study 1: Obstruction to view of shop. Case-Study 2: Damage of wall by water. Understand implications of Law of Tort.