One of the fundamental methods of determining liability in Tort Law is the “but-for” test. According to the test, liability is analyzed by asking the question: but-for the defendant’s negligence, would the plaintiff have been injured or harmed? If the answer is no, then the defendant, and only the defendant, is liable for the plaintiff’s harm. While the “but-for” is a Tort Law fundamental, it sometimes proves inadequate in determining a defendant’s liability. Consequently, Tort Law has developed other means of determining the cause of a plaintiff’s injury in fact. One of the alternatives to ...
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United States v. Willis, 38 F.3d 170, at 179 Kathy Evelyn Willis appealed a court decision which had found her guilty of possessing a firearm during a drug transaction. Willis was also convicted of a drug trafficking crime as she transacted with an undercover agent known as Officer Debbie Bond. The case also involves a man, David Perez who was said to be Willis's lover and the defendant argued that he forced her to transact the drugs, and also the gun under police custody belonged to him. Willis sold Bond ¼ pound of marijuana and at the time of arrest, ...
The primary objective for the formation of the European Economic Community (ECC) was to create a common market to enhance the achievement of a trading advantage over other Atlantic states. The member states hoped that the move would spur growth by promoting marketing scale and capitalizing on specialization among the member states. However, the ECC faced many technicalities when creating a common market due to lack of strategic decision-making structures and protectionist attitude adopted by members. It was especially difficult to remove barriers and enforce common trade regulation. For a common market to have some effect, freedom of capital, ...
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ORDER AN ESSAYCHAPTER 4PART I4. How can critical thinkers counteract confirmation bias?
A critical thinker should seek information from different sources. An issue at hand is considered from different perspectives and using Six Thinking Hats technique.5 What is an expert? An expert is a person who can acquire evidence and information that are superior to those of an ordinary person. 6 What should be our attitude toward a claim that conflicts with the expert opinion? The claim that is inconsistent with the expert advice should not shut down the possibilities that the allegations are untrue. As the law may require we may be forced or use personal intuition to judge between ...
The stand your ground law became a hotly debated topic due to the case that involved Trayvon Martin and revolved around the shooting down of an unarmed 17-year-old by a watchman. The shooting occurred in 2012 and since then there have been suggestions to make laws that protect citizens, this was amidst the hotly contested nationwide debate on gun control. The trial sparked the law, and the facts were crucial as Zimmerman claimed to act in his defense as Treyvon looked suspicious. This led to a series of protests and rallies in anger against the killings before his burial ( ...
Introduction
There are a couple of important fundamental differences between a criminal action and a civil action. One of the most apparent differences is the nature of the cause of action underlying the suit. As its name denotes, a criminal action is derived from a past crime that has been committed. A civil action, on the other hand, does not involve a crime, but rather a private wrong to an individual or a group of individuals. Another fundamental distinction between a criminal and civil action is that the parties go to the court. In a criminal action, the prosecution represents ...
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INTRODUCTION Over the year’s rape victims have faced possible and serious, uncertain outcomes of their cases. This uncertainty arises from the fact that the victims are not believed mostly where women and girls are the victims. The reason being that underage girls are not taken seriously in the society and what they do or say does not count. For the older women, many passes them never to be victims of rape cases since it is assumed that just because they are old nobody would be interested in them. Reforms have been introduced to the police forces to cater ...
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