Often, settlements are not agreed to by some plaintiffs because they wanted more and would rather settle the matter in a full blown court proceeding.
One of the major problems with civil lawsuits is the amount of damages granted by the jury. In the case of medical malpractice, the amount of $40,000,000 seem excessive although the details of the case is not available to really determine the validity of the damage awarded. However, it is always more prudent for malpractice lawsuits to have a cap as to damage awarded since if there will not be one, medical insurance premiums for doctors will rise and this will in turn be recovered from paying patients. Indeed, it is always better to have standard damage awards based on the needs of the individual plaintiff. This means that in the case of James Nelson's widow, the damaged awarded could be commensurate to the future…...

ivil law has a long history, dating all the way back to Roman times, and remains the dominant legal tradition in many countries including entral and South America and most of Europe. ivil law tradition was gathered into a comprehensive summary including all facets of Roman law by the Emperor Justinian in the sixth century, but this was based on centuries of Roman tradition. It became the basis of what we call civil law today.
In the United States, common law is what most people think of when they think of law. ommon law is adversarial, whereas civil law is inquisitorial. In civil law, judges do not interpret the law, thus creating "case law," or a history of judgments. In the United States, in civil law, the judges look at the facts and determine how the facts compare to established laws. Since civil law is not the prominent legal system in…...

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Civil law plays a diminished role in the United States when compared to many other countries. Where common law operates on the assumption that laws can be interpreted in varying ways depending on circumstances, civil law assume only one correct answer to a legal question. For instance, if a person sues a neighbor in small claims court because the neighbor's dog bit him, the judge will make a determination based on the community's laws regarding control of animals and private property issues. Did the person walk onto the neighbor's property and enter a gated yard, and then get bit? Or was the person walking down the sidewalk when the dog attacked, not on a leash in violation of the leash law? If the community allows people to keep their pets off a leash in a fenced area and the victim entered that area uninvited, then the bittern person will probably lose. If he was walking down the street minding his own business and the dog was off leash, he will probably win. If he taunted the dog, the outcome will be up to the judge's discretion, but might say there are no winners: the victim shouldn't have taunted the dog, but the dog should have been on a leash.

SOURCE:

Apple, James G, and Deyling, Robert P. "A Primer on the Civil-Law System." Federal Judicial Center. Accessed via the Internet 1/12/05.

Obviously, if the doctors were following established medical procedures and the patient died, such an award seems ridiculous. However, if the doctors lied about the treatment being received or refused to treat a patient because of a personal characteristic, such as race or religion, then such a huge award would send a message to other doctors not to engage in such behavior. While capping award amounts in medical malpractice suits seems tempting, the fact is that some acts of malpractice result in the need for expensive lifelong treatment for the victim, which may not be covered under those caps. Therefore, medical malpractice lawsuits should not be burdened by recovery caps.
4. The three adults I spoke with all believed that medical malpractice lawsuits should be capped. They cited malpractice suits as one of the major reasons for today's exorbitant health insurance rates, and suggested that if comprehensive health care were…...

Justice Systems
The author of this report has been asked to answer several questions relating to comparative justice systems. Topics that will be discussed will include the concept of professed values vs. underlying values and the conflicts that can exist between the two, the primary sources of international crime statistics along with the strengths and weaknesses of the same, whether we can compare crime rates across nations, the dangers inherent to using international crime statistics, how the users of such data can increase the reliability of inferences/comparisons and the six characteristics of Socialist Law and how they differ from Civil Law.

While professed values and underlying values will commonly intersect, it boils down to where the person professing the values practices what they preach. Indeed, professed values are those that are asserted and proclaimed by the person that is asserting that they possess the values they mentioned. On the other hand,…...

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References

BJS. (2015). Bureau of Justice Statistics (BJS). Bjs.gov. Retrieved 9 June 2015, from  http://bjs.gov 

Dammer, H., Fairchild, E., & Albanese, J. (2006). Comparative criminal justice systems. Belmont, CA: Wadsworth/Thomson Learning.

Ramapo. (2015). Pages.ramapo.edu. Retrieved 9 June 2015, from  http://pages.ramapo.edu/~jweiss/laws131/unit1/worldsystems.htm 

Taylor, A. (2015). Torture, kidnapping and gulags: North Korea's alleged crimes against humanity. Washington Post. Retrieved 9 June 2015, from  http://www.washingtonpost.com/blogs/worldviews/wp/2014/11/20/torture-kidnapping-and-gulags-north-koreas-alleged-crimes-against-humanity/

civil lawsuit that has been covered in a newspaper article. The main legal arguments are given. The decision of the court and the reasons given will also be looked into. The agreements and disagreements that followed will also be discussed.
Saliata v. Kennedy

This case is about a lecturer's employment status at the University of Illinois after he made controversial statements on his twitter account or 'handle'. The following are the facts taken from the Complaint, which the civil court must verify as true for it to grant a motion to dismiss. Dr. Steven Salaita, the lecturer, was a tenured instructor at Virginia Tech when he learned that the University of Illinois was looking for a professor to teach its American Indian Studies course (Salaita v. Kennedy).

The lecturer, who had specialized in Native American and Indigenous studies, applied to be considered for the position, and soon after the university began a…...

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References

Flanagin, J. (2014, October 2). Opinions From All Over, Part of NYT Opinion - Op-Talk Blog - The New York Times. Steven Salaita and the Quagmire of Academic Freedom - The New York Times. Retrieved September 20, 2015, from  http://op-talk.blogs.nytimes.com/2014/10/02/steven-salaita-and-the-quagmire-of-academic-freedom/?ref=topics&_r=0 

Meiners., R.E., Ringleb, Al, H. and Edwards, F.L.. (2015). The legal environment of business (12 ed.). CT: Cengage Learning.

(n.d.). U.S. Case Law, Court Opinions & Decisions:: Justia. Salaita v. Kennedy. Retrieved September 19, 2015, from  http://cases.justia.com/federal/districtcourts/illinois/ilndce/1:2015cv00924/306078/59/0.pdf?ts=1438949864

Acceptance must be made by an intended party to the contract and must be understood by the offerer before he withdraws or retracts the offer.

And consideration is some forebearance on the part of both sides to make a contract enforceable. For instance, a simple promise is not enforceable. However, when a grandfather promises to pay his grandson $5 for every 'A' in school, and the grandson agrees, there is an enforceable contract in that both sides are giving up something: The student is working hard for grades and gives up his right to slack off, and the grandfather is giving up $5.

Consideration usually cannot be nominal, in that you generally cannot have $1 consideration for sale of a house.

Many other rules apply to contract law, like mutual mistake, unilateral mistake, the mailbox rule that defines when offers and acceptance are valid through the mail, impossibility, frustration of purpose, recision by…...

Civil vs. Criminal Law Goals
The American justice system differentiates between civil (tort) and criminal law, with the most significant distinction being that the state generally has the authority to prosecute crimes but not torts, while individuals have the power to directly bring civil but not criminal charges. The goals of a criminal case are to determine the guilt or innocence of the accused, but also to uphold the tenets of the law, protecting the public safety and in many cases offering some form of victim restitution to promote principled justice (“The Difference Between Torts and Crimes,” 2004).
Players
The distinction is due to the perception that crimes are affronts to the state, and require no individual plaintiff. On the other hand, tort law covers contracts between parties and not between one party and the state. The general public represented by a jury plays a part in criminal but not civil cases.
Commencement
Commencement procedures differ…...

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 these have been used to decide contract jurisdiction.
Tort

Torts -- wrongs done to others -- are the domain of civil law. s with contracts, there is a "proper law of the tort," which country has the most significant relationship with the event or the parties. The law of that country applies. Therefore, the place where the wrong occurs is usually which law applies. This is similar to the way tort cases work in the United States. The state in which the…...

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Australian courts can also decline to hear a case if it doesn't believe it is the right forum.

Corporations

Since 2004 and the introduction of European SE companies, some interesting conflicts of jurisdiction have ensued. If the company was first registered in a single country, it is subject to those laws. As an SE company, the corporation is also subject to additional regulations of the Union. The corporation doesn't have to abide by all the laws of all the countries of the Union, just the specific SE rules and the rules of their country. This can be a distinct advantage for SE companies at they can forum shop and choose the country which best suits the business' needs before making a choice about where to base its operations. The company can then operate both under the jurisdiction of the country with the most favorable laws and have the privileged position of an SE throughout the Union. This kind of behaviour will continue for the foreseeable future; there has been some consistency of law across the Union recently, but there are still distinct differences from country to country. It is worth a corporation's time and effort to do its research before deciding where to incorporate.

During this Diaspora, the African Slave Trade transferred 9-12 million people from one continent to another with major repercussions on cultural and political traditions in the New World. There have been a number of modern Diasporas based on the post-Cold War world in which huge populations of refugees migrated from conflict, especially from developing countries (Southeast Asia, China, Afghanistan, Iran, Latin America, South American, Rwanda, etc.).
Part 1.2.1 - Civil Law is a legal system inspired by Ancient Roman law. In Civil law, laws are written into a codified collection that is a group of ideas and systems that work in tandem to help organize societies without the need for judicial interpretation. Overall, civil law is in place to formulate general principles and to distinguish substantive rules from procedural rules, and is based on the tenet that legislation is the primary source of law.

Conceptually, civil law is a group of…...

Federalism and Religious Freedoms: The Importance of and the Adherence to the Separation of Church and State in a Multicultural Environment
Although it is clear that many religious concepts were embedded into the original drafting of the Constriction and the Nation's laws, maintaining a separation of church and state in the official capacity allowed the country to prosper in many ways. Having civil laws that govern beyond religious controls allows for a level of stability that can accommodate many difference ideologies.

Federalism and Religious Freedoms

A Federalist design works to protect religion and religious leaders by allowing them to operate freely without any state intervention.

Main Point

• Although religions receive many protections, there are many issues that put the church and state at odds when the religious ideology conflicts with the secular freedoms which have been present since the founding in varying forms and degrees; obvious examples in today's society could be illustrated by…...

branches within the law enforcement field. All these branches have a range of jurisdictions but have a common purpose of enforcing laws that have been passed by legislatures and the protection of the American citizens and those who live within the American borders. There are different law enforcement agents everywhere and they are interested in what one does, the particular agents present depend on ones location and what they are doing. This paper will look at three law enforcement branches; local, state and federal law enforcement. It will look at what thee three entail and how they differ in terms of jurisdiction and authority.
At the local enforcement agencies, the commonplace and frequently experienced law enforcement agency are municipal police officers. These police officers represent villages, towns and cities. A striking difference between these local officers and those found within state and federal level is that they offer the first…...

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References

Law Teacher. (2014). Local, State and Federal Law Enforcement. Retrieved September 10, 2014 from  http://www.lawteacher.net/criminology/essays/local-state-and-federal-law-enforcement.php 

Harkins, D. (2009). What are the Differences Between Federal, State and Local Law Enforcement. Retrieved September 10, 2014 from http://www.ehow.com/info_8251672_differences-state-local-law-enforcement.html

Civil Action
The book, Civil Action, is based on a true case and it highlights the suffering of a small community in Boston in 1970s. The story revolves around the case of Ms. Anne Anderson, a resident of Woburn in 1970s, who discovered much to her horror that her child, a three-year-old boy was suffering from leukemia. While the disease itself was not that strange or uncommon, what aroused her suspicions was the fact that many children had suffered from the same illness in her area in a relatively short period of time. Woburn was an industrial town and the exposure to chemicals was believed to be the cause of this tragedy.

During this period, many other children had exhibited the same signs and symptoms and thus the people of the town decided to raise a voice against industries that would dump chemical waste in water hubs of the town. Thus Civil…...

The fact that a guard was able to take information from a prisoner's cell, and give it to prosecutors is a clear violation of basic procedures. As a result, greater amounts of oversight are required to prevent these issues from becoming a problem in the future. ("Deon Christopher Carter v State of Maryland," 2003)
Conclusion

Clearly, the evidence that was collected from Jones' cell is a violation of the Sixth Amendment. This is because the U.S. Circuit Court of Appeals found that these searches require providing them with access to defense counsel (according to Deon Christopher Carter v State of Maryland). Therefore, any kind of evidence that is used against Jones in his criminal trial (from this search) is inadmissible in court.

To prevent these kinds of incidents from happening in the future, the jail needs to have improved procedures for collecting, supervising and analyzing all contraband. This will allow officials to…...

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References

Deon Christopher Carter v State of Maryland. (2003)

These rules developed after a long history of court decisions on related topics.
Pleadings and Procedural Rules

Once jurisdiction and applicable bodies of law have been established, effective and comprehensive complaints must be made before the matter can proceed. Complaint sufficiency varies from court to court, but generally includes the facts of the case and often cites relevant laws regarding jurisdiction and other matters, when they are not readily apparent. There are similar prescriptions for answers to complaints, and a variety of procedural rules that must be followed by both parties both in bringing/responding to a suit and during the process of a court hearing or trial.

Discovery, Summary Judgment, and Settlement

An abundant amount of information is subject to discovery rules, but not everything requested in a discovery motion is necessarily required to be turned over by law. The type of information being sought may or may not require additional court action…...

Law enforcement and corrections can be influenced by several external threats. These consist of external communication gaps and many environmental influences. One of the key external threats that impacts both corrections and law enforcement is politics. In delineation, politics is the art of wielding one's authority and power over the government or public affairs. In particular, political action can give rise to the imposition of one's interests within the government, in positions of leadership within the government, with regard to the control over resources, as well as in terms of holding government office. Politics influence law enforcement and corrections by impacting the individuals that will hold different positions in criminal justice, for instance the police, judges, prosecutors as well as correctional executives. Law enforcement, administration, and corrections are linked with politics on various extents and levels. Prevailing political philosophy and ideology influence the structure, organization, as well as anticipation of…...

- Arrest and imprisonment
- Heavy fines
- Suspension or revocation of driver's license
- Mandatory alcohol education or treatment programs
- Community service
- Ignition interlock device installation
- Increased insurance rates
- Civil lawsuits for damages caused by drunk driving
- Criminal record
- Permanent loss of driving privileges
- Vehicle impoundment
- Mandatory attendance at victim impact panels
- Probation
- Court-ordered substance abuse treatment
- Mandatory attendance at DUI school
- Potential job loss or difficulty obtaining employment
- Negative impact on relationships with family and friends
- Emotional trauma for both the person driving drunk and any victims involved
....

1. The Roots of Embezzlement in North Carolina's Local Governments

Explore the systemic factors that contribute to embezzlement in local governments in North Carolina, such as weak internal controls, lack of oversight, and political corruption.
Examine the vulnerabilities of small, rural municipalities and the role of limited resources and staff capacity.
Discuss the impact of North Carolina's open government laws and public records policies on the detection and prosecution of embezzlement.

2. The Fraud Triangle: Causes and Consequences of Embezzlement in North Carolina

Apply the fraud triangle theory (pressure, opportunity, rationalization) to the context of embezzlement in local governments.
Analyze specific....

1. The Impact of Socioeconomic Status on Legal Representation

Thesis: Individuals from lower socioeconomic backgrounds face significant barriers in obtaining adequate legal representation, leading to disparities in access to justice.
Explore:
Systemic bias in the legal system that favors the wealthy.
Lack of pro bono legal services for low-income individuals.
Financial constraints that prevent access to private attorneys.
Impact on legal outcomes and the ability to enforce rights.

2. Social Class and Sentencing Disparities

Thesis: Social class significantly influences sentencing outcomes, resulting in harsher punishments for individuals from lower socioeconomic backgrounds.
Explore:
Disproportionate representation of minority and low-income defendants in the....

1. Legal action: Breaching fiduciary duty can lead to legal action being taken against the individual or company responsible for the breach. This can result in costly settlements, fines, or even criminal charges.

2. Civil lawsuit: Those who breach their fiduciary duty may face civil lawsuits from stakeholders, shareholders, or other parties with a financial interest in the business.

3. Damage to reputation: Breaching fiduciary duty can damage the reputation of the individual or company involved, leading to a loss of trust and credibility among clients, employees, and other stakeholders.

4. Financial loss: Breaching fiduciary duty can also lead to financial loss for....