Share
Explore BrainMass

Tort Law

Coming from the latin tortum, meaning 'injustice'1, a tort is a civil wrong, tried in civil courts and resolved via monetary compensation. Tort lawyers bring charges that are generally divided into three categories: negligence torts, such as automobile accidents and medical malpractice; intentional torts like defamation and false imprisonment and strict liability torts, wherein a person injured - emotionally or physically - by a malfunctioning product can sue the manufacturers. Recently, the field of 'toxic torts'2 that lets people bring suits against polluting companies has also been gaining ground.

What constitutes legal liability is often outlined at a regional (or state) level, though widely speaking, there are usually three items that must be established for a successful tort case -  that the person or company being sued (known as the tortfeasor) had a legal duty to the plaintiff, that they failed in that duty and that this failure caused the plaintiff physical or emotional injury.

It is important to note that tort cases only require proof via a preponderance of evidence, the third-highest burden of proof available. This has the benefit that some serious cases which failed to gain a guilty verdict in criminal courts can be won in a tort law case afterward, such as the infamous case OJ Simpson who, though found innocent of double homicide in Superior Court was proved guilty of wrongful death in a later civil court.3

 

 

References:

1. Online Etymology Dictionary. Retrieved May 2, 2014, from http://www.etymonline.com/index.php?term=tort

3. FindLaw. A Lawsuit over OJ Simpson Murder Trial Suit. Retrieved May 2, 2014, from http://blogs.findlaw.com/celebrity_justice/2010/03/a-lawsuit-over-oj-simpson-murder-trial-suit.html

Categories within Tort Law

Tort in Business

Postings: 3

These cases cover workplace grievances from contract misrepresentation to deceptive or unfair trade occurrences to companies that over-pollute or otherwise cause a public nuisance.

Tort in Medicine

Postings: 4

Medical malpractice is almost exclusively charged as a negligence tort, and it is an area afloat with talks of reform due to the difficulty in making practitioners feel accountable but at the same not limited by fear of lawsuits.

Evidence-Based Practice Principles

What are the ten principles of evidence-based practice principles and rehabilitative approaches? Explain in detail. Do you think juvenile justice programs would be more successful if they followed these principles? Do you think these approaches could be successfully implemented in justice programs? Why or why not?

Schizophrenia Resulting in Assault

Debbie, aged sixteen, lives at home with her mother, Jennifer, in a state where the age of majority is eighteen. Jennifer is aware that Debbie has recently exhibited a sometimes violent and delusionary nature diagnosed as schizophrenia, and has attacked persons in the neighborhood. Medication that can control Debbie's behavior h

Malpractice, Misrepresentation, Nuisance, and other Torts

If a court finds that there was a nuisance, it has a range of remedies. An award in damages could be for the degree to which the defendant's actions produce a reduction in the value of the plaintiff's property. A court order (an injunction) could prevent the defendant from engagement in such conduct. A court might allow for abat

Causation and Damages in a Negligence Action

Juries in civil cases can award compensatory damages to pay the plaintiff for actual loss suffered, but sometimes they can also award punitive damages, above actual loss, to punish the defendant and discourage others. Summarize two cases where punitive damages were awarded- one in which you feel the damages were justified and

Criminology: Social Learning and Past Belief Systems

Peter Jenkins is a registered sex offender who thinks that it is a woman's role to tend to a man's desires. Men have desires that should be fulfilled whenever he wants to and have no control over the urges, and it is a woman's obligation to fulfill man's sexual needs. He claims that his urges become more uncontrollable when he

Are Psychopaths Violent Criminals

In the past few years, there have been several studies on psychopathic personalities. Psychopathology has always been considered a psychological theory of crime. With these new studies (where they have tested the firing neurons in the brain), there is now a controversy over whether a psychopath would fall under the category of a

Cognitive Restructuring Theory in Traffic Accidents

Tom is driving his brand-new sports car to work. He is very proud of his car because it took a long time to save for his down payment. While stopped at a four-way intersection, he was waiting to proceed into the intersection when another vehicle cut him off. This made him slam on his breaks, and he waited for the other perso

Federal Trade Commission: AOL/Timewarner

First, you are to go to the Federal Trade Commission's website at http://www.ftc.gov/bc/index.shtml and select one proposed merger for your paper. I have selected AOL - TIMEWARNER. Present a complete description of the industry. List and describe the firms in the industry.

Strain Theory & Cognitive Restructuring

A general strain theory was proposed by Robert Agnew. In this theory, he proposed that strain did not arise when people had a failure to meet the American Dream, but that everyone, in every social class, had frustrations in his or her daily life. Most strain theorists listed failure to achieve goals as a major strain prec

Criminology and Psychology in Adolescent Drug Use

Mary and Stacey are seniors at Silver State High School. They have been friends since the second grade. Stacey called Mary on Saturday evening and asked her to take her home because she could not find her car. Mary knows that her best friend has been drinking excessively over the past 3 months. She has been withdrawing from Mary

Civil Law and Civil Procedure in the Public Sector

You are a student in a masters in criminal justice program. Assume for the sake of this question that upon graduation you will be working i) as a supervisor ii) for a public sector agency/entity iii) related to public safety or social services. This course can fairly be characterized as an introduction to legal concepts relate

Civil Issues

Ted, a purely fictional character, is a police captain in the fictional city of Shorfolk, Virginia, a medium sized city on the mid-Atlantic coast. In an effort to improve police-citizen relations, Ted initiates the Aretha Frankiln Ride-along program. Ted tells his chief that the program will generate R-E-S-P-E-C-T for the de

Product Safety Regulations and Liability

1. Analyze the ways in which the U.S. government regulates product safety and make at least one recommendation for how the regulatory approach of one of the agencies discussed (FDA, CPSC, or NHTSA) could be improved. 2. Review "The Ford Pinto Case" and discuss whether tort or wrong-doing was committed. 3. Analyze the issue

Difficulties Enforcing the Civil Rights Act

1. Analyse the Civil Rights Act of 1964 to determine which part of the act is the most difficult to enforce. Discuss the difficulties identified as well as steps that could be taken to address those difficulties. 2. Discuss possible additions to the Civil Rights Act of 1964. Explain your rationale or discuss whether or not yo

Trespassing and Compensation Law in Connecticut

I need help with the following case study: Dennis is a 10-year-old boy who is always getting into trouble. Everyone in the neighborhood knows Dennis; they've actually nicknamed him "The Menace." Mr. Wilson lives right next door to Dennis and has posted a large "No Trespassing" sign in his front yard to keep Dennis out. He als

Writing an Opinion Letter on an Injury Case - Ima N. Payne

How do you write an opinion letter on the following personal injury case: On January 1, 2012 Ima N. Payne, a single, Washington state resident, was seriously injured when she fell through an open manhole. She was awarded compensatory damages by a jury on May 1, 2012 of $500,000 for her injuries, $100,000 for lost wages, and $

Case for practice

Summary: Florida Representative Mark Foley suddenly resigned over his sexually explicit Internet contacts with underage congressional pages. He said, "I strongly believe that I am an alcoholic and have accepted the need for immediate treatment for alcoholism and related behavioral problems." Republican Ohio Senator Mike DeWine

defamation of character

Star famous motion picture actor. Shutterbut take a picture of STar holding a roast beef sandwich without Star's knowledge. Shutterbug sold the picture to the National Beef Organization. Although well known Star was vegetarian Shutterbug assured NGO that Star had recently renounced vegetarian status. NGO did not attempt to ver

You are a paralegal working for an electrical utility who is interested in providing energy in Louisiana. They are curious to see what standard of liability will be applied to them if someone gets electrocuted. Provide an explanation of the standard of liability applied to electrical utilities. I need to know which cases apply, copy and paste links of any relevant law that may be applied.

You are a paralegal working for an electrical utility who is interested in providing energy in Louisiana. They are curious to see what standard of liability will be applied to them if someone gets electrocuted. Provide an explanation of the standard of liability applied to electrical utilities. I need to know which cases app

Discuss intentional infliction of emotional distress.

One of the most recently "invented" and most controversial of the intentional torts is that of "intentional infliction of emotional distress." This tort allows a person to recover damages even without sustaining any physical damage. However, the elements necessary for this tort are not easy to establish. To illustrate th

check fraud at Heat Oil

Heat Oil has a checking account with the Bank of Stern for its payroll expenses. One day Garnett, who has a checking account at Jordan Bank, breaks into Heat Oil's office and steals the company's checkbook. He makes out a check to himself for $200, and indorses the check to Best Buy for the purchase of an iPod. Best Buy depos

Breach rationale

Brian McDonald spent his time away from work on his hobby, model trains. His train set was large and consisted of rare and one-of-a-kind trains. One day, while visiting with fellow train hobbyist Harry, Brian said, â??When I retire in 2 years from Foodmart, Iâ??m going to sell my trains and spend the rest of my life traveling

Negligence Tort

Hypothetical: John Stokely is a sales executive for AAA Auto Dealers, a local automobile dealership. He often drives to the manufacturing facility, which is 150 miles from the dealership, to check on new orders. Johnâ??s employer reimburses him for gasoline, food, and lodging, and provides John with a dealer car to drive. Wh

Tort Law/case study

Margie and Floyd Walker had been happily married for forty five years. Floyd worked for the railroad for many years. On Monday morning Floyd was getting ready for work, Margie had the uncomfortable feeling that something would happen to Floyd at work. Margie pleaded with Floyd to call in sick, Floyd refused saying he felt fin

Distinguish Between corporate criminal liablity and vicarious liablity...

By now you should have a basic understanding of vicarious liability as it relates to employee negligent conduct, and corporate negligence. There are instances when an organization or corporation engages in conduct deemed illegal (ENRON is an example outside of healthcare). After reviewing the background material, conduct resea

Synopsis of tort case-Please see the attached scenario

O What tort actions do you see o The identity of potential plaintiffs o The identity of potential defendants and why you see each on as a defendant o The elements of the tort claim that constitute the plaintiffâ??s claim o Any defenses you think defendants might assert o How you think the claim will be resolved, stating le

Case brief

Read the Jenny Jones case brief and in your own words state the law that applies to the case. Please cite the page number of the text where the rule is found. Complete the following ?A brief discussion of the facts of the case. Or in other words "what are the 'issues' in this case?A statement of the Plaintiff's position.

Sure Co. Tort Actions

Assistance is needed with a synopsis: o What tort actions do you see o The identity of potential plaintiffs o The identity of potential defendants and why you see each one as a defendant o The elements of the tort claim that constitute the plaintiffs claim o Any defenses you think defendants migh