If a person was found guilty for assault and battery in a criminal case, and the person that was hurt brings a civil action against the defendant, does a full trial have to be held again or can the jury just accept the fact that the defendant committed the act?
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- If a person was found guilty for assault and battery in a criminal case, and the person that was hurt brings a civil action against the defendant, does a full trial have to be held again or can the jury just accept the fact that the defendant committed the act?
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- Please list and describe the 3 types of torts.Intoxication may or may not be a defense to some crimes, discuss whether or not intoxication should be a valid defense. Keep in mind mens rea. Can an intoxicated person form the state of mind necessary to meet the requirement of intent? Does it matter whether a person is voluntarily intoxicated (as opposed to having his/her drink spiked or unknowingly drinking alcohol)?Bill is a technician at a university chemistry lab and is in charge of safety inspections and prevention of injury due to faulty equipment. One morning, as a result of his inspection, Bill discovers a gas burner with a broken valve. Bill gets distracted and fails to put an “OUT OF ORDER/DO NOT USE” sign on the faulty burner. When the morning class arrives, Halle uses the faulty burner and is burned when it catches fire. Bill’s negligence is based on: nonfeasance. misfeasance. negligence per se. res ipsa loquitur. A person cannot be guilty of negligence if he or she has no duty owed to the plaintiff. True False Jessica was caught shoplifting at a department store both by employees who witnessed the act and by cameras in the store. The store’s management may hold her as long as it takes to get her to confess. True False he highest and most comprehensive duty owed by a landowner to a person on the owner’s property is owed to: an invitee. a licensee. an…
- What is the legal concept of negligence and the 4 elements that make up that conceptAgents and employees of Deco Arts Corporation and Echo Imitations Inc. are convicted of conspiring to violate a federal law that is punishable by a term of imprisonment and a fine. Can the corporations be held liable for these crimes? If so, how can they be punished?What legal duty, if any, does the physician owe the person? Please explain in detail. Assuming that the physician has a legal duty towards the person, did the physician breach that legal duty? Please explain in detail. Assume that the physician knew that they were infected with a communicable disease and purposefully performed the CPR, although others at the scene could have performed it; what intentional tort(s), if any, has the physician committed against the person? List the tort(s.) What possible defense(s) does the physician have against a tort action by the person.
- 2) Punitive Damages: Regardless of whether you feel the case was an appropriate one for strict liability, was the McDonald's coffee case an appropriate case for the award of punitive damages? Look over the requirements for punitive damages and assess whether the jury award was appropriate in this case. Why or why not?Mr Grump is a former employee of Fashion retail store. He was recently dismissed on grounds of committing misconduct in the workplace. Mr Grump, being very resentful over his dismissal, decided to exact revenge. He contacted his best friend Mr Y who has knowledge on hacking. Mr Grump with the help of Mr Y hacked into the Fashion online financial systems and erased important digital data. Determine whether the Fashion retail store can institute legal action, and if so, on what grounds. Make reference to relevant case law and legislation in your answer.Olga, a resident of Maine, was recently injured by a defective product produced by Home Appliance Corporation, which is incorporated in Delaware but has its company headquarters in Virgina. Olga purchased the defective product in Maine. Olga is suing Home Appliance for $60,000. Which courts would have personal jurisdiction in this case? Would a federal court have jurisdiction? Why or why not?
- Honesty, lawfulness, and keeping promises, and adherence to a balanced standard of justice without relevance to one’s own feelings or inclinations, defineMoises and Rutledge are discussing their views on the law. Moises believes that people should give up some of their rights to the government, but they should be able to retain other inalienable rights. Rutledge believes that the law is a rule of civil conduct prescribed by the supreme power in a state which commands what is right and prohibits what is wrong. Kilroy overhears their conversation and jumps in with his own belief, saying that the law is a social construct that should provide stability. order, and security. He also said that he believes people should relinquish all of their rights to the state. Which philosophers would agree with Moises, Rutledge, and Kilroy, respectively? O Montesquieu, Hobbes, Locke O Blackstone, Hobbes, Montesquieu O Locke, Blackstone, Hobbes O Montesquieu, Blackstone, Hobbes O Locke, Montesquieu, BlackstoneDiscuss the concept of strict liability. Should this be applicable to businesses in product liability cases? Is this fair? What if a business is extremely cautious and yet a person is injured by the product? Why would it make sense to hold the business (who was not negligent) liable?