Civil Liability of Security Personnel
MOONLIGHTING

Current statistics reveal that private security personnel are twice the number of public law enforcers (Moore, 1987). Of utmost consideration is that these private security personnel are put in charge of, and authorized to, protect the lives and property of customers. They need to realize the magnitude of this responsibility. And without adequate training, that realization is hardly possible. They are not law enforcers or peace officers who fall under the same rules and regulations imposed on, and followed by, public police (Moore).

Sadly, most of these private security officers do not have qualified training or have very little of it (Moore, 1987). Yet they respond to situations with unreasonable or extreme force. While public police officers enjoy some protection from the Constitution, private security personnel can be subject to civil action for undue acts. Civil action can exact them to compensate their victims for inconvenience or…...

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BIBLIOGRAPHY

Moore, R.H. (1987). Civil liability of private security enforcer of moral obligations to right legal wrongs. Vol 11 Issue 2, American Journal of Criminal Justice: Springer

Link. Retrieved on September 27, 2014 from http://www.link.springer.com/article/10.1007%FBF02885652

Scarry, L.L. (2007). Legal eagle: moonlighting and civil liability. Law Officer

Magazine: Police One.com. Retrieved on September 27, 2014 from  http://www.policeone.com/columnist/lom/articles/1203246-legal-eagle-moonlighting-civil-liability

Civil Liability
The issue of the use of force and civil liability amongst police officers has been the subject of debate for many ears. The odney King trial and subsequent riots brought a great deal of attention to the excessive use of force and the justice system. In the years since the odney King case, there have been many incidents of excessive force.

The use of force and civil liability is problematic for citizens, victims of brutality, the police and other public officials. It is important to understand that the problem does not arise as a derivative of "the use of force" but rather it is the "excessive use of force" that is problematic for the aforementioned stakeholders. One of the problems that arise when police officers use excessive force is the distrust that occurs between citizens and officers. Citizens begin to fear the very people that are supposed to protect them.…...

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References www.questia.com/PM.qst?a=o&d=98388452

Alpert, G.P., & Dunham, R.G. (1990). Controlling Responses to Emergency Situations. New York: Greenwood Press.

A www.questia.com/PM.qst?a=o&d=5000299824

Alpert, G.P., & Smith, W.C. (1994). How Reasonable Is the Reasonable Man?: Police and Excessive Force. Journal of Criminal Law and Criminology, 85(2), 481-501.

A www.questia.com/PM.qst?a=o&d=5001237305

Civil Liability Associated With Policing
Civil liability and policing

The law enforcement agencies and their officers are widely trusted for upholding the law and implementing the requirements of the law as well as protecting the innocent citizens from those who may want to break the law. However, several instances have seen the law enforcement agencies or officer fall in the trap of facing litigation. Civil liability remains a concern within American policing and it might never stop going in any time in the near future. On several occasions civil lawsuits are filed against police for instance when they violate the civil rights of a citizen, engage in neglect of the law as well as blatant abuse of powers bestowed upon them by the law and the constitution. Police officers as well as their administrators are aware of the possible litigations that normally surface though many citizens are still not aware of circumstances…...

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References

Dave Grossi (2013) "5 Major Consequences: Charges & solutions when it comes to the use of force." Retrieved December 14, 2013 from  http://www.lawofficer.com/article/tactics-and-weapons/5-major-consequences 

Del Carmen, R.V. (1991) "Civil Liabilities in American policing" Englewood Cliffs, NJ: Prentice Hall.

Kappeler, V.E. (1993)" Critical issues in police civil liability" Prospect Heights, IL: Waveland.

Steve Cragg (2012) Suing the Police. Retrieved December 14, 2013 from  http://www.schnews.org.uk/diyguide/suingthepolice.htm

Police civil liability is one of the more complex areas of civil law. Because of their unique position in society, police officers have to be free to engage in behavior that would be tortious if it was committed by people outside of law enforcement. However, that same unique societal position means that those in law enforcement are given opportunities to abuse power that others do not have. The apparent dichotomy of those two realities is that people need a way to seek redress from law enforcement for violations of civil liberties, while those in law enforcement need to be able to do their jobs without fearing that every action will trigger a successful lawsuit. Society has decided to balance the two competing needs by providing ways for complainants to seek legal redress for harms done to them by law enforcement officials, while also providing some immunity and limited defenses for…...

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References

Fleischman, W. (2013). Civil liability: Conditions and defenses. Retrieved May 4, 2013 from University of Minnesota, Duluth website: www.d.umn.edu/~wfleisch/soc3344/Civil%20Liability%20Lecture.ppt?

Legal Information Institute. (2010, August 19). Tort. Retrieved May 4, 2013 from Cornell

University website:  http://www.law.cornell.edu/wex/tort 

Stevens, M. (2004). Civil liability for government wrongdoing. Retrieved May 3, 2013 from North Carolina Wesleyan College website: http://faculty.ncwc.edu/mstevens/205/205lect12.htm

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.

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…...

Medford Fire -- Rescue Liability Checklist
MF-R liability checklist

Does your department have copies of all legislation, regulations, bylaws, codes, and standards that are relevant to your department's operations?

The Department has access to all legislation at Federal, State, County, District and municipal levels, including regulations, bylaws where applicable, extensive codes, and standards issued by government, agency and professional associations. These documents are dispersed widely throughout government and agency literature, but most of the relevant operational policy documents are public and available on request if not accessible through the Internet. This regulatory detail is so extensive and widespread that a large part of Department administration's continuing education is devoted to simply keeping up with the ongoing changes and amendments to these laws, codes and best practices.

Has your municipality passed a fire bylaw? If so, was it tailor-made to suit the particular needs of your department? Does it accurately reflect both the duties imposed…...

Causation:

Irrespective of whether or not AC Apartments satisfied its duty of reasonable care with respect to the safety of its tenants, the harm for which liability is claimed must relate directly to any failure to satisfy that standard. More particularly, to establish liability, the plaintiff must also establish that any negligence of AC in failing to exercise reasonable care was the proximate cause of the harm that resulted (Freidman 2005).

For example, had the apartment complex manager previously been sentenced for rape as a juvenile, even a thorough criminal background check performed by AC Apartments would have failed to disclose that information, through no fault of AC Apartments. A more interesting factual situation arises if AC failed to satisfy its duty of care owed to its tenants by neglecting to perform any pre-employment criminal background check of the manager but where the only relevant information available would have required much more…...

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Bibliography

Feliu, a., Johnson, W. (2002) Negligence in Employment Law. Washington, DC: BNF, Inc.

Friedman, L. (2005) a History of American Law. New York: Touchstone Halbert, T., Ingulli, E. (2000) Law & Ethics in the Business Environment 3rd ed. Cincinnati, OH: West Legal Studies

Schmalleger, F. (1997) Criminal Justice Today: An Introductory Text for the 21st Century. Hoboken, NJ: Prentice Hall

Cognitive Bias in Jury Damages
Utilizing Cognitive Biases to Legal Advantage

Assuming that the putative view of an ordinary citizen, unaffiliated with the judicial system, is one that the merits of a case are based solely based upon a presentation of facts is common. However, several psychological predispositions illustrate the strategic role that attorney's assume in jury selection. Understanding the philosophy underlying the moral psychology of the mind offers insights into how both the case for plaintiffs and defendants are open to suggestive framing.

The determination and award of damages in cases that comprise compensatory damages is easily quantified, however considering pain and suffering compensation presents fertile ground for legal study. Empirical studies of jury awards demonstrate that the framing of damage by plaintiffs is influential to the outcome. Similarly, preconceived notions of sexual harassment and prior psychological trauma bear influence upon cases that counsel must be aware of to mitigate.

In examining the…...

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Works Cited

Kovera, M.B., & Cass, S.A. (2002). Compelled Mental Health Examinations, Liability Decisions, and Damage Awards in Sexual Harassment Cases. Psychology, Public Policy, and Law, 8 (1), 96-114.

McAuliff, B., & Bornstein, B. (2009, May 22). All Anchors Are Not Created Equal: The Effects of Per Diem vs. Lump Sum Requests on Pain and Suffering Awards. Law Human Behavior, 164-174.

Business Law: Saukars, Nib Corp, and Guesthouses.
In order to examine the potential legal issues between the parties, it is important to look at the contractual relationships between those parties. First is the relationship between the guesthouses and their customers. Food service is part of that relationship. Customers at the guesthouses may have a claim against the guesthouses stemming from them contracting food poisoning from the food served to them at the guesthouses. Because the customers' contractual relationship is with the guesthouses, they would be an appropriate object of suit, but the guesthouses may be able to enjoin or seek indemnification from other parties for those damages. Tort liability for food poisoning is relatively straightforward. Most states have strict product liability laws covering food safety, so that the supplier of contaminated food products is assumed to have been negligent. As long as the customers can demonstrate that the food that was…...

Product Liability Tort
RISK AND RESPONSIILITY

A tort is a civil wrong, loss or harm inflicted by a person's behavior upon another (LII, 2010). While it is not necessarily an illegal act itself, the law allows the person harmed to recover his loss or receive compensation for the harm. It differs from a crime wherein the person's harmful act affects society in general. A claim of tort may be filed in a civil court. The three main elements of a tort are duty, the breach of that duty, and the injury or harm caused by the breach. The four main types of torts are intentional, negligence, strict liability, and nuisance. One type of negligence torts is products liability (LII).

Products liability can be incurred by any or all of the persons involved in the manufacturing chain of a product for the damage it causes (LII, 2010; Lim, 2012). It may be the manufacturer…...

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BIBLIOGRAPHY

Harb, T. (2008). 7 essential elements of ERM and the role of internal audit. The Institute of Internal Auditors. Retrieved on December 29, 2012 from  http://www.inconsult.com.au/Articles/Essential%2520elements%2520of%2520role%2520of%2520Internal%2520Audit.pdf 

LII (2010). Products liability. Legal Information Institute: Cornell University Law

School. Retrieved on December 30, 2012 from  http://www.law.cornell.edu/wex/products_liability 

Lim, K. (2012). How can businesses reduce product liability risks? Globial International

Codification and Liability isk: Napoleonic Code vs. Common Law
In today's modern world, insurance has become an everyday concept. We ensure our homes, vehicles, and valuable property. In many states, vehicle insurance is now demanded by law of its drivers. Yet, very few of us step back and actually question where this notion of insurance actually comes from. It is a strange concept, to pay a premium monthly in order to protect oneself from damages later in the event of a catastrophe. In fact, insurance around the world is not considered the same thing. In fact, codification of insurance in various countries is influenced by different legal systems. While in the United States, insurance is influenced by common law practices, other countries in Europe, the Middle East, and South America use codification principles stemming from the Napoleonic Code.

In most Western countries, like the United States, common law is the foundation for…...

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References

Cozen. (2001). Insurer, insured and priority in recovery proceeds: Who gets what and when? Cozen O'Connor. Web.  http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&ved=0CDMQFjAB&url=http%3A%2F%2Fwww.cozen.com%2Fadmin%2Ffiles%2Fpublications%2FPriority_in_recovery_proceeds.DOC&ei=coyfUvSILtfhoAS3voDoBQ&usg=AFQjCNHhkK58zNH1PONY8_1DXOksY2Lrqw&sig2=GeTJ6ZZH846RqBuPkcoB_g&bvm=bv.57155469,d.cGU&cad=rja 

Schwartz, Ben. (1998). The Code Napoleon and the Common Law World. The Lawbook Exchange.

Stamenkovic, Mark. (2010). Middle East insurance & subrogation overview. Cozen O'Connor. Web.  http://www.cozen.com/admin/files/publications/middle%20east_110510.pdf 

Tetely, William. (1999). Mixed jurisdictions: Common law vs. civil law (codified and uncodified). Electronic Library of International Commercial Law. Web.  http://www.cisg.law.pace.edu/cisg/biblio/tetley.html

This is usually a low standard to achieve. As long as a person acts in a way which avails the person of the protection of the laws of that state, that person has subjected themselves to the jurisdiction of that state (International Shoe).
Next, the complaint will allege subject matter jurisdiction, i.e., that the lawsuit fulfill the requirements for this court to hear it? Pertinent requirements can include how much money haws plaintiff sued for or whether the case poses a question about a federal statute or the U.S. constitution. In many cases involving litigants from different states, the Plaintiff will allege that he is suing the Defendant for an amount greater than $75,000.00, which is the minimum monetary amount for federal subject matter jurisdiction (Title 28 U.S.C. § 1332(a)) and that the Plaintiff does not reside in the state in the same state as any defendant (Am Jur Pleading…...

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Works Cited

Alternative dispute resolution. U.S. Office of Special Counsel (2010, January 18).

Retrieved from  http://www.osc.gov/adr.htm 

Altonaga, Honorable Cecilia Marie. (2002, May 04). Federal court judge's practice guide. Retrieved from http://www.flabar.org/divpgm/pu/fcpcsurvey.nsf

American Jurisprudence 2d (1997). St. Paul, MN: Thompson Reuters.

Bobby and achel Liability
There is potential liability on the part of the various parties in the scenario involving Bobby, the nurse, the surgeon and City General Hospital. In this essay, the author will consider each party's responsibility and potential liability/neglect separately. We will define comparative negligence and discuss its application to the analysis of liability in the scenario. As we shall see further on, there is an inherent contradiction between the cost containment of managed health care and the law, but this does not excuse the gross negligence of the medical staff or reduce the ability of the plaintiff for civil damages.

EMTALA (Emergency Medical Treatment and Active Labor Act) requires almost all hospitals to provide an examination and needed stabilizing treatment, without consideration of insurance coverage or ability to pay, when a patient presents to an emergency room for attention to an emergency medical condition that requires immediate attention. Specifically,…...

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References

Daniels, N., & Sabin, J. (1998). The ethics of accountability in managed care reform. Health Affairs, 17(5), 50-64.

Li v. yellow cab co. -- case brief. (n.d.). Retrieved from http://www.lawnix.com/cases/li-yellow-cab.html.

Rothenberg, K.H. (1989). Who cares?: the evolution of the legal duty to provide.

Houston Law Review, 26(21), 21-76.

Via stipulated agreement, a licensee who faces disciplinary action has the right to negotiate a settlement. uch a settlement is also subject to the Board vote, and may be approved or denied as a result. When disagreeing with the outcome of the disciplinary hearing, the licensee may also appeal to have the Board's decision overthrown. However, if the accused believes that the charges are valid, he or she may also voluntarily surrender the nursing license, and will no longer be allowed to practice in the state of California.

In cases where it is believed that an accused and convicted nurse will be able to rehabilitate, such an individual is entered into the Board's Diversion Program. This program is mainly focused upon nurses that are subject to problems such as chemical dependency and/or mental illness. These are seen as conditions that can be either remedied or managed in such a way to…...

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Sources

Belak, Tony (2003). The Use of Mediation in the Patient Complaint Process.  http://www.mediate.com/articles/belak3.cfm 

Board of Registered Nursing. (2009). The Complaint Process. State of California.  http://www.rn.ca.gov/enforcement/complaint.shtml 

Board of Registered Nursing. (2009). What is the Diversion Program? State of California.  http://www.rn.ca.gov/diversion/whatisdiv.shtml 

Board of Registered Nursing (2009). What is the Enforcement Program? State of California.  http://www.rn.ca.gov/enforcement/whatisenf.shtml

Accounting ethics are incredibly important because accountants are entrusted with handling money for individuals, businesses, and other organizations.  Unethical accountants can expose a business to financial risks and liabilities, even if their breaches of ethics do not amount to criminal behavior or involve intentional wrongdoing on the part of the accountant.  Huge financial scandals, such as Enron, could not occur without ethical breaches on the part of the accountants because the financial structure of large organizations requires at least passive participation in wrongdoing by people at the accountant level.  Accountant ethics are....

1. The Impact of Understaffed Police Forces on Community Safety

This topic should explore the consequences of insufficient police staffing on crime rates, response times, and the overall well-being of communities. It could examine case studies of cities or regions that have experienced significant reductions in police personnel and the resulting impact on public safety.

2. The Role of Community Policing in Mitigating the Lack of Police Protection

This essay could investigate the effectiveness of community policing strategies in addressing the challenges posed by lack of police protection. It could analyze the benefits of building relationships between law enforcement and local residents, empowering....

Combating Online Trolling: A Comprehensive Approach
Online trolling, a pervasive and toxic behavior characterized by deliberate attempts to provoke and disrupt online conversations, has become a pressing concern in contemporary society. Countering this scourge requires a multipronged approach encompassing a combination of technological interventions, educational initiatives, community engagement, and legal frameworks.
Technological Safeguards
Detection and Removal of Trolls: Advanced algorithms can analyze language patterns, IP addresses, and user history to identify troll accounts and remove their content promptly.
Spam Filters: Strengthening spam filters and implementing stricter moderation policies can limit trolls from spamming platforms with offensive or disruptive messages.
Reporting and Blocking....