Class actions represent a consolidation of power by plaintiffs and alleged victims in a case, allowing groups of plaintiffs to consolidate their cases and seek a single judgment for collective damages. Though this is primarily a way of strengthenin Continue Reading...
More than anything else, this case exemplifies a keen sense of legal risk management. The company made enormous profits from the drug while it was selling it; it was highly effective for its on-label purpose and had no known dangerous side effects. Continue Reading...
intrinsic relationship between common law doctrines of public and private nuisance and certain elements of contemporary legislation that pertain to public and private injury. Examples of the latter legislation include the Clean Air Act, the Clean Wa Continue Reading...
It covers a specific device or process and it protected by the Patent Act. A patent can be enforced through the legal system. By contrast a trade secret more difficult to protect through the legal system. A trade secret is not generally known to the Continue Reading...
Nadel et al. v. Burger King Corp. & Emil, Inc. Legal Brief What court decided the case in the assignment? Case C960489 was filed on 05/21/1997 and heard by the Court of Appeals of Ohio, First District, Hamilton County. On 07/07/1997, a discret Continue Reading...
International TortAn intentional tort is a type of tort that occurs when someone deliberately causes harm or injury to another person or their property. Unlike negligence, which involves a failure to exercise reasonable care, intentional torts involv Continue Reading...
Law: Aviation Law Reflective EssayPart 1: ReflectionThe module is important with its relevancy to the Aviation industry since it would help understand the law of aviation in the country. When one has to adopt a professional career in a certain field, Continue Reading...
HANS PEDER JENSEN, by Executor of the Estate Carla Christine Jensen Plaintiff, THE WHITE STAR LINE, Defendant. The law suit was brought by Carla Christine Jensen, fiancee of Hans Peder Jensen and executor of his estate (as expressed in Mr. Jensen' Continue Reading...
Business Entities, Laws, And Regulations This paper will focus on the challenges faced by one start-up businesses and an established company with labor issues. For the start-up, a birth clinic, a case needs to be made for the type of business entity Continue Reading...
Analsysis Possible Cases The only valid torts causes of action are: (1) Malik vs. Daniel for battery in connection with Daniel's shoving Malik; (2) Malik vs. Stadium for negligence in connection with failing to maintain the integrity of the protec Continue Reading...
Another option could be fro Bug to use a defense of proximate cause which states that for a negligent act or omission to be a proximate cause of damage, it must be a natural and probable (not just possible) result of a sequence unbroken by any inter Continue Reading...
As in the case of explosive manufacturing and housing wild animals, running a commercial gas station is a commercial activity that is inherently dangerous no matter what precautions the operator takes to prevent accidents that could cause harm to ot Continue Reading...
A burned wall collapses onto a crane which falls and injures Flo, a bystander. Issue -- on what legal grounds could Flo recover damages from Dan. Legal Issues -- Clearly, Dan was the actus reus, or specific instrument of an action in which other e Continue Reading...
Proximate Negligance You Decide: The Law Who is to blame? Factual Summary Suzy Marks and her friends Jerry and Kate were ordered to leave Elsewhere City Park at the 11pm curfew time by Officer Ruthless. Suzy told the Officer she wanted to wait fo Continue Reading...
Dangerfield and Associate Entities Upon examining this case, it's clear that the claims made by Hartman are completely legitimate. The claims made by Mitchell are somewhat legitimate. This paper will first examine the basis of the lawsuit waged by H Continue Reading...
According to the court's judgment in favor of the plaintiff, no further evidence as to the source of the muscle atrophy in his shoulder and arm, because "the thing itself speaks" when all three components of res ipsa loquitur are satisfied, as they Continue Reading...
Only in conditions where ship owners fired up cold boilers, using Bunker C. fuel, when winds were blowing from the north, under not too dry or not too wet conditions, would possible damage occur. Under such conditions, the smoke particles could have Continue Reading...
It is different than a criminal action, which involves a breach of duty owed to society at large. It is possible that actions are both tors and crimes; but only the state may prosecute a crime, but any injured party may bring a lawsuit against anoth Continue Reading...
"When a court strikes a contract provision for unconscionability it is declaring that provision is so unfair or oppressive that the court will refuse to enforce it." (Gillespie, 2007). The Thirteenth Amendment to the United States Constitution provi Continue Reading...
Fixtures are considered part of personal property, but in cases where they become a part of real property and cannot be removed, they are considered part of real property. Building on a plot of land is a fixture that is considered part of real prop Continue Reading...
Cyber Forensics and Legal Considerations: Is the Law Keeping up with Advancing Technology? Introduction Because of the digital age and the possibilities it has introduced, digital forensics is now a necessity within the realm of law enforcement. Howe Continue Reading...
Liebeck v McDonalds In 1994, Liebeck v. McDonald's Restaurant, also referred to as the "McDonald coffee case," was a popular case in the U.S. because it was considered frivolous. The case centers around a woman by the name of Stella Liebeck, who spi Continue Reading...
Issues Presented or Questions of Law: 1) Did the SBL agreement constitute the contract between the parties? 2) Was Plaintiffs' case barred by the parole evidence rule? 3) Should the trial court have sustained Defendants' demurrer to Plaintiffs' Continue Reading...
Changing Legal Norms and the Individual CHANGING LEGAL NORMS AND THE POSITION OF THE INDIVIDUAL WITHIN MODERN SOCIETY Many legal scholars have observed that the law does not actually define what person may do or not do; rather, it describes what r Continue Reading...
Duty of Care As requested, the author of this report shall be defining a number of terms from a legal and "duty of care" perspective. The questions that will be answered will center on subjects such as the rescue doctrine, whether a fetus injured in Continue Reading...
JP Morgan Chase Role of administrative agencies The securities and the banking system of a country are known to be one of the strongest and the most important foundations of an economy. To ensure that these systems do not move into negative or loss Continue Reading...
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. Continue Reading...
Vicarious Liability Case This present study is a vicarious liability case assignment and it is divided into two primary sections. The first section aims at distinguishing between corporate criminal liability and tort law vicarious liability resultin Continue Reading...
Another, related doctrine to vicarious liability is that of negligent hiring, in which an employer does not take reasonable precautions to do appropriate background checks of the employee. If a hospital hires a nurse without the necessary qualifica Continue Reading...
Here, criminal law is of course preemptive in all jurisdictions, yet enforcement is restricted to agencies dedicated to law enforcement investigation and apprehension of individuals. In spite of billions of dollars spent on homeland security, in th Continue Reading...
Legal Definitions Miranda Rule -- Prohibits the introduction of any testimonial evidence elicited from criminal suspects while under arrest or in police custody unless police first advise them of their constitutional rights to remain silent, refuse Continue Reading...
WestJet Businesses throughout the world are often confronted with various legal issues in the course of carrying out business operations. Various laws have been created to protect consumers and companies from harm. When adherence to these laws does Continue Reading...
Consumer Protection Which do you believe presents the greatest threat to civil society: a corporation that commits crimes (e.g., murder, environmental crimes, or bribery, etc.), or persons who commit crimes that harm businesses (e.g., embezzlement, Continue Reading...
On the strength of this, the university can argue that it has fully upheld its responsibilities and the terms of the legally binding contract it has signed with Ms Edwards, with full disclosure and with full knowledge by both parties. Ms Edwards, o Continue Reading...
Student's Responsibilities in School Safety Simple everyday actions are effective in reduction of school crime. (Annual Report on School Safety, 1998) Those actions are: Behave Responsibly: Students can resolve problems and disputes in a non-viol Continue Reading...
Employment Discrimination and Globalization Entity type and location. This business start-up, registered as Sexy Shoes for Her, Inc., is a single-member Limited Liability Company taxed as a corporation (IRS, 2011). All stock is held by the principle Continue Reading...
TALPA Vice Chairman Mete Dane established flight TK 1951's method to Schiphol and talked about the motive why it had abruptly lost altitude that had been pointed to wake turbulence. Researcher's Argument and Conclusion In conclusion, the researche Continue Reading...
Mitsubishi should also be transparent about any defect error that comes in their product. In this way, they would be able to avoid the gigantic loss, which occurs in case a company's product line fails, or a company faces lawsuits in case of a defe Continue Reading...
