Personal Injury Law Essay Example | Topics and Well Written Essays - 2000 words

Personal Injury Law - Essay Example The duty of the proprietor is measured using the reasonable man’s test: that is, what a reasonable man would have done when presented with similar circumstances. The law imposes a duty on a proprietor to maintain the premises in a reasonably secure or safe condition. This means that he has a duty to offer premises that are safe and secure for use. This duty is owed to every invitee: that is, somebody who has either express or implied permission to be in the premises. Additionally, he has a duty to inspect the premises for that which was likely to cause injuries. A breach of this duty makes the proprietor liable for any resulting injury to an invitee. The basis of liability for this duty is the presumed â€Å"superior knowledge† on the part of the proprietor. The law presumes that the proprietor has better knowledge on the existence of a factor that predisposes the invitee to risks. If the invitee has as much knowledge of the hazard as the proprietor, there is no duty on the part of the proprietor to warn him and the proprietor is not liable for any resulting harm if the invitee voluntarily assumes the risk. ... Therefore, the proprietor is more likely to be found culpable where he has more comprehension of the quality and quantity of risks presented by a particular set of circumstances than the invitee. The proprietor is not liable for readily observable hazards that should be appreciated by the invitees. He has no duty to warn about obvious risks that the invitee should decipher from the use of reasonable senses. Additionally, in both cases the court addresses the question on the circumstances in which it shall grant a judgment notwithstanding the verdict of the jury. As a general rule, the court shall try as much as possible to uphold the verdict of the jury unless, even without weighing the credibility of evidence presented, there can be only one conclusion as to the proper judgment. The question as to negligence shall be left to the jury, unless in indisputable cases. The standard of review for a motion of judgment notwithstanding the verdict requires that the court weigh the evidence i n the most favorable manner to the non-moving party, giving the party all the benefit for all favorable inferences that may be made. Oates V. Mulji Motor Inn, Inc. The brief facts of this case are that a school tennis team registered to stay overnight at the appellee’s motel. At about 9pm, the team decided to go swimming at the motel’s pool. While swimming, a 17 year old Jarvis Coates drowned while swimming in the defendant’s motel pool. Coates parents commenced an action against the motel and the coach alleging that their negligence led to the death of Jarvis. At the time of the drowning, the pool did not have overhead lights, or a safety rope separating the deep from the shallow end. Although there was an underwater light

The Judicial Process and Batson Case Essay -- Jury Duty Bias Voir Dire

The Judicial Process and Batson Case Despite the efforts of lawyers and judges to eliminate racial discrimination in the courts, does racial bias play a part in today’s jury selection? Positive steps have been taken in past court cases to ensure fair and unbiased juries. Unfortunately, a popular strategy among lawyers is to incorporate racial bias without directing attention to their actions. They are taught to look for the unseen and to notice the unnoticed. The Supreme Court in its precedent setting decision on the case of Batson v. Kentucky, 476 U.S. 79 (1986), is the first step to limiting racial discrimination in the court room. The process of selecting jurors begins with prospective jurors being brought into the courtroom, then separating them into smaller groups to be seated in the jury box. The judge and or attorneys ask questions with intent to determine if any juror is biased or cannot deal with the issues fairly. The question process is referred to as voir dire, a French word meaning, â€Å"to see to speak†. During voir dire, attorneys have the right to excuse a juror in peremptory challenges. Peremptory challenges are based on the potential juror admitting bias, acquaintanceship with one of the parties, personal knowledge of the facts, or the attorney believing he/she might not be impartial. In the case of Batson v. Kentucky, James Batson, a black man, was indicted for second-degree burglary and receipt of stolen goods. During the selection of the jury the prosecutor used his peremptory challenges to strike out all of the four black potential jurors, leaving an all white jury. Batson’s attorney moved to discharge the venire, the list from which jurors may be selected, on the grounds that the prosecutor’s peremptory challenges violated his client’s Sixth and Fourteenth Amendment rights to have a jury derived from a â€Å"cross-section of the community†(People v. Wheeler, 583 P.3d 748 [Calif. 1978]). The circuit court ruled in favor of the prose cutor and convicted Batson on both counts. This case went through the courts and finalized in the U.S. Supreme Court. In a 7-2 decision, the Supreme Court ruled in favor of Batson. The Court held that the Fourteenth Amendment forbids the prosecutor from challenging potential jurors solely on account of their race or on the assumption that black jurors as a group will be unable to consider the state’s case ag... ...Philip (1986) â€Å"Court’s term marked by blows to race bias; justices ok affirmative action, ease challenges to discrimination in voting, pay, jury selection† Los Angeles Times, July 4: Part 1; pg 1; Column 2. Lewis, Peter (1992) â€Å"Judge Kills Bid To Study Race Bias In Jury Pools† The Seattle Times, May 30: pg A9. Marcus, Ruth (1991) â€Å"High Court Bars Race Bias In Selection of Civil Juries; Ruling Says Skin Color No Test of Impartiality† The Washington Post, June 4: pg A1. Riccardi, Michael (1998) â€Å"Dennis: Get Rid Of Challenges Without Cause† The Legal Intelligencer, Oct. 14: pg 1. Smith, William (1997) â€Å"Useful or Just Plain Unfair? The Debate Over Peremptories; Lawyers, Judges Spllit Over the Value of Jury Selection Method† The Legal Intelligencer, April 23: pg 1. Smith, William (1997) â€Å"McMahon Plays Opposite Side of Batson Fence† The Legal Intelligencer, April 9: pg 1. Stewart, David (1986) â€Å"Court rules against jury selection based on race† ABA Journal, July 1: 72 ABAJ 68. Zwillman, Blair and Albin, Barry (1999) â€Å"Legislature Sould Defeat Proposal To Reduce Peremptory Challenges† Nov. 29: pg 23. Batson v. Kentucky 476 U.S. 79 (1986). WWW.dictionary.law.com

North vs South Essay

The United States before the civil war was basically split into two regions, the North and the South. These two regions had very different cultures, economics, and climates which led to different life styles and perspectives. Problems caused by the differences between the North and the South eventually led the nation into a great civil war- the bloodiest war in American history. The North and South had diverse climates and natural features. The North had mainly rocky and infertile lands with humid summers and snowy winters, so farming was difficult. Fast moving rivers and waterfalls were common in the North because of the many mountains. As a result, Northerners started to use waterpower to run factories. Meanwhile, in the South, the weather was usually hot and sunny, with lots of rainfall, making the growing seasons longer. The South’s lands were flatter than the North’s, making it a more ideal place for farming. The Northern and Southern population was very different. The Northern population between the years 1800 and 1860 increased massively. Because of the large amounts of immigrates from Europe, the North’s population increased from five million to thirty-one million. The South’s population, on the other hand, was made up mostly of enslaved Africans. By 1860, one third, out of twelve million people in the South, was slaves. The surroundings in the North and South led its citizens to live in contrasting places. In the North, the crowded and dirty cities along the Atlantic coast served as centers of trade and drew laborers to work in towns. When streets were improved and police forces were created, cities became the center of art, culture, and education. In the South, however, their economy was based on agriculture. As a result, towns were developed slower and trading centers were rarer than in the North. Because of the climates and geography in these two regions, they developed different economies. Economy in the North was based on many different industries such as shipping, textile, and mining. Because of coal and waterpower, manufacturing in the North developed quickly. Unlike the North’s, the South’s economy was based on agriculture. Crops such as cotton and tobacco made huge profits. Southern farmers had to use large amounts of slave labor for their plantations, so slavery was necessary to the prosperity of the Southern economy. Northerners and Southerners developed individual cultures. Cities had an important role in determining the North’s culture. New businesses brought new ideas to the North. The Northern emphasis on public education led to many schools and churches. The life in the South was really different than the North’s. The South’s agricultural system was controlled by wealthy planters who lived like the country gentlemen of England. The South had few schools or churches. Rich planters would usually hire private tutors to teach their children until they were sent to private schools. One of the few similarities of the North and South are that they both have thousands of roads, steamships, and canals. In 1850, thirty thousand miles of tracks connected far-away parts of the United States. By 1860, there were over eighty-eight thousand miles of surface roads in the North and South combined. The biggest difference between the North and the South is that the South had slavery, while the North did not. Eventually, the issue of slavery and the other differences of these two regions led to the American Civil War, which lasted for four years. However, after the civil war, the North and South, like a family, unite together and became one of the most powerful nations in the world.

Intellectual Property Rights, Copyrights, Patents, And...

Mid-Term Exam 1. Intellectual Property Rights: Intellectual Property Rights are right for a person, company or organization to have privilege for their own ideas, plans, innovations and creativity to be protected for a certain period of time by copyrights, trademarks, patents and trade secrets.[1] In today’s world, the new emerging technologies allow people to easily violate the intellectual property rights of others. The emerging technologies like computer and communications have made easier for people to copy best quality and distribute the copied material at very large quantity very easily and cheaply. In the following examples, I will discuss that how new emerging technologies allow people to violate intellectual property rights of†¦show more content†¦Violation of intellectual property rights using technology in musical work. [3] Musical work is a work that is represented or expressed in form of written and verbal notation. Today, technology has made easier for offenders to get access to someone’s musical work without authorization and can easily copy or steal it using technology and can present it for their own profit. Example III. Violation of intellectual property rights using technology in audio-visual work. [3] Audio-Visual work includes movies, videos and plays that is played visually and in the background audio being played. Interestingly, offenders vehemently uses technology to steal content or entire audio-visual work for their own profit. For example, nowadays, a newly released movie, video song or play is easily available on internet, so, the offenders make uses of free tools that are available on internet to copy that movie or video song and can easily upload or sell it by making hard copies of it for their own profit. This is a violation of copyrights of audio-visual work. Example IV. Violation of intellectual property rights using technology in software industry. Software industry work includes developing software, websites, webpages and many more. New emerging technology itself allow offenders to use technology to steal code or develop same type of software or web page using the existing documentation. For example, users can get source code of any software which is developed using .NET framework or C#