What do you think? An assignment I have due Next Monday
If you have a few minutes, would appreciate some feedback, sent this via email but it returned....:shrug:
Thanks
1. What is the difference between a crime and a tort and why do courts treat those who commit crimes and torts differently?
A crime is an offense against the public at large and is punishable by the
courts, where as a tort, is a private wrong doing that injures a persons
physical well-being , property or reputation. The courts treat criminal cases
differently then tort cases because the objectives are different. The main goal
of a criminal case is protect the public by by removing the offender from
society if found guilty. In tort cases, the goal is to see if the tortfessor
should have to pay damages to the injured party. If found guilty of a tort the
tortfessor is not punished by way of jail time but instead by way of money.
Criminal are treated differently because they are breaking a law where as
tortfessors are not although some crimes can also be found as a tort.
2. What is the difference between burglary and robbery and give an example of each.
Burglary is the break-in and entering of a home or other building with the
intent of carrying out a felony. An example of this would be when a person
breaks into your house and steals money or possessions from you. Robbery is
when the perpetrator takes personal property from another against their will
while threatening to do bodily harm or damage. An example of this would be when
a bank robber holds up a bank and orders the tellers to hand over money to them
while holding a gun in their hand. The robber is threatening to harm the
workers while stealing the money.
3. Define discovery in the litigation process and identify and explain the most commonly used discovery techniques.
During the litigation process, discovery is the period in a civil suit
where the parties involved search for information relevant to the case. Some of
the most common methods of discovery are depositions, which are sworn oral
statements given outside of court by witnesses or other parties of the case as
responses to questions askedd by the opposing attorneys. Interrogatories, which
are written questions which must be answered in writing under oath by either the
plaintiff or defendant. Requests for real evidence which is tangible evidence
is asked to be produced. Another method of discovery is by requesting a
physical or mental examinations if a physical or mental condition is involved.
The last method of discovery commonly used are requests for admissions which a
secured statement that says a particular document or fact is true.
4. Give an example of a negligent act that is not the proximate cause of an injury and explain why.
An example of a negligent act that is not the proximate cause of injury
would be if I were to have spilt something on the floor and knowingly left it
there. While shopping on a sunny day, a result of that a little old lady slips
and falls but when she fell threw her umbrella and it poked someone's eye out.
I would not be the proximate cause of the person's eye being poked out because I
could not have reasonably expected that an umbrella would be thrown as a result
of my leaving a spill on the floor. An umbrella poking an eye out is not
foreseeable therefore, that injury would not be a proximate cause.
5. What is the difference between contributory negligence and comparative negligence and give an example of each.
Contributory negligence is the result of a failure on the injured person's
behalf to use caution and ensure safety therefore resulting in no compensation
for damages. Comparative negligence on the other hand is a type of contributory
negligence that requires the courts to assign damages according to degree of
fault on each party. If a person were to knowingly walk out into the middle of
a busy highway for fun and ended up getting hit by a car, contributory
negligence could be found because the person knowingly put themself in danger
and as a result would not be awarded damages by the person who hit him because
it was not his fault that he hit the guy. On the other hand if he were
speeding and not paying attention and that was why he didn't see the guy and hit
him in some states comparative negligence would be found because the driver may
be 30 percent responsible for the injuries to the victim because of his actions.
If you have a few minutes, would appreciate some feedback, sent this via email but it returned....:shrug:
Thanks
1. What is the difference between a crime and a tort and why do courts treat those who commit crimes and torts differently?
A crime is an offense against the public at large and is punishable by the
courts, where as a tort, is a private wrong doing that injures a persons
physical well-being , property or reputation. The courts treat criminal cases
differently then tort cases because the objectives are different. The main goal
of a criminal case is protect the public by by removing the offender from
society if found guilty. In tort cases, the goal is to see if the tortfessor
should have to pay damages to the injured party. If found guilty of a tort the
tortfessor is not punished by way of jail time but instead by way of money.
Criminal are treated differently because they are breaking a law where as
tortfessors are not although some crimes can also be found as a tort.
2. What is the difference between burglary and robbery and give an example of each.
Burglary is the break-in and entering of a home or other building with the
intent of carrying out a felony. An example of this would be when a person
breaks into your house and steals money or possessions from you. Robbery is
when the perpetrator takes personal property from another against their will
while threatening to do bodily harm or damage. An example of this would be when
a bank robber holds up a bank and orders the tellers to hand over money to them
while holding a gun in their hand. The robber is threatening to harm the
workers while stealing the money.
3. Define discovery in the litigation process and identify and explain the most commonly used discovery techniques.
During the litigation process, discovery is the period in a civil suit
where the parties involved search for information relevant to the case. Some of
the most common methods of discovery are depositions, which are sworn oral
statements given outside of court by witnesses or other parties of the case as
responses to questions askedd by the opposing attorneys. Interrogatories, which
are written questions which must be answered in writing under oath by either the
plaintiff or defendant. Requests for real evidence which is tangible evidence
is asked to be produced. Another method of discovery is by requesting a
physical or mental examinations if a physical or mental condition is involved.
The last method of discovery commonly used are requests for admissions which a
secured statement that says a particular document or fact is true.
4. Give an example of a negligent act that is not the proximate cause of an injury and explain why.
An example of a negligent act that is not the proximate cause of injury
would be if I were to have spilt something on the floor and knowingly left it
there. While shopping on a sunny day, a result of that a little old lady slips
and falls but when she fell threw her umbrella and it poked someone's eye out.
I would not be the proximate cause of the person's eye being poked out because I
could not have reasonably expected that an umbrella would be thrown as a result
of my leaving a spill on the floor. An umbrella poking an eye out is not
foreseeable therefore, that injury would not be a proximate cause.
5. What is the difference between contributory negligence and comparative negligence and give an example of each.
Contributory negligence is the result of a failure on the injured person's
behalf to use caution and ensure safety therefore resulting in no compensation
for damages. Comparative negligence on the other hand is a type of contributory
negligence that requires the courts to assign damages according to degree of
fault on each party. If a person were to knowingly walk out into the middle of
a busy highway for fun and ended up getting hit by a car, contributory
negligence could be found because the person knowingly put themself in danger
and as a result would not be awarded damages by the person who hit him because
it was not his fault that he hit the guy. On the other hand if he were
speeding and not paying attention and that was why he didn't see the guy and hit
him in some states comparative negligence would be found because the driver may
be 30 percent responsible for the injuries to the victim because of his actions.
