¶ … Torts in the Civil Court System Within the American judicial system it is necessary to differentiate between actions committed by an individual which cause suffering, harm or loss to another person, and those which cause injury to society at large. The latter case, in which a crime affects the general public interest, is encompassed by the expansive United States criminal code, while the more delicate issue of determining liability in personal disputes is covered by the country's civil court system and its unique system of addressing torts. The legal term tort is derived from the Middle English for injury and has become entrenched in common law jurisdictions as a viable means to settle legal disagreements between two parties. Today tort law is the preferred tool with which judges, courts and magistrates apportion responsibility for an array of injurious actions, such as breach of contract, dereliction of duty, negligence, defamation of character and neighborly nuisance....
In the even that a particular party is found to be liable for unfairly causing the aggrieved party any form of legal injury, tort law typically mandates that damages be recompensed in the form of monetary compensation. This practice has proven especially necessary in instances where a company or corporation neglects to adhere to regulatory statutes, inflicting legal injury on its customer base in the process, by providing ordinary citizens with a direct avenue to petition the court for redress. Another primary mandate of the civil court's system of tort law is to discourage individual negligence by holding a person accountable for carelessness, recklessness or inattentiveness in the social realm by requiring an adherence to the standard of reasonable care.
Politics of Administrative Law -- Weinstein, Wilson, and Shamir What is the political philosophy behind America's current state of federal and state administrative regulation? Although in an ideal historical environment, this would be easy to see in the recorded words of the Founding Fathers, the historian of American law is instead faced with a challenge, for the relationship between individual, state, and national government has changed considerably since this nation's founding.
health law and administrative law, according to Jost (2004), are law domains that are representative of the various approaches to classification. By definition, "health law encompasses law as it affects a particular industry -- the health-care industry" (Jost 2004). This particular kind of classification, therefore, regulates the relationship between the various healthcare industry stakeholders, including, but not limited to, the government, patients, health-care professionals, and health-care providers. Administrative law
Administrative Agencies and Due Process In 1866, the Civil Rights Act was ratified. This was in response to the tremendous amounts of pressure that nation was experiencing in the aftermath of the Civil War. As, Congress wanted to: protect the rights of former slaves and individuals who were deprived of them. Where, it gave citizens the ability to sue organizations and individuals that were engaging in actions that were designed to
Administrative Agencies and Delegation The evolved world came with its share of good and bad developments in the society. However, among the good characteristics it presents is the recognition and treatment of people with dignity, rather than which it was during the barbaric justice ways. The document called constitution facilitates various written rules and regulations that govern the daily activities of individuals. The constitution also aids significantly to the administrative practices
If there is ever a case where the courts cannot determine what the original intention of the parties was, the country with the most logical connection to the contract is often chosen as the country of law for deciding the dispute. The place of performance of the contractual duties; the place of residence of the contractual parties; the nature of the subject matter of the contract -- all of
law in England are: common law, statute law, subordinate legislation, custom, and European community law. Common law: This is the cannon of law applying to the general swathes of law that are decided by the judges and adapted to changing times. Judges make its rules over the years that have relied on precedents of other cases and adapted preceding rulings to suit the circumstances of the present instance. Each new
Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.
Get Started Now