What is the difference between criminal law and tort
law?
The difference between criminal law and tort law is that, a tort law is to amends a wrong done to a person, usually by awarding them financial costs as compensation. Criminal laws prohibits certain actions and execute prison sentences, fine, probation and such depending on the violation that the have committed. When it comes to tort laws individuals that been harmed by action, are the ones who file the charges and in criminal laws only the government can bring such charges depending on the crimes committed.
What are the conditions for strict liability and negligence?
Strict liability is a tort law perception that executes liability for harm suffered without requiring proof of negligence. Strict liability is the legal responsibility for damages and injuries even if the person found strictly accountable was not at fault or negligent. Negligence is involved when harms caused by carelessness.
What does it mean that an event A caused another event B? Give an example
This means that one event could lead to a another event such as if I am getting late for class and I want to make it on time I will take another route. But not knowing that the new route put be behind schedule more than my regular route. So this one event caused another event to occur.
What is legal causation? Give an example.
Legal causation requires that the harm must result from a guilty act. Example would be that a truck is traveling more than the speeding limit but after a wile it slows down and carry on with the legal speeding limit. But while the truck is traveling it hit the car in front. Even though the cause of the accident was not because of the truck speeding but it could have been avoided if the truck was not speeding because it would have not came this far into the road where it meet in the accident with the car.
What were the reasons for the court's decision in Lynch vs. Fisher? Do you agree - why or why not?
Fisher was at fault for the crimes that he had committed. The court decision was that Fisher was liable for Lynch’s injuries. It was fisher’s fault for stopping the truck on the highway, which led to Lynch’s injuries and that, is why I agree with the court’s decisions.
What were the reasons for the court's decision in Palsgraff vs. LIRR? Do you agree - why or why not?
The court decision was that the LIRR were not responsible for the injuries of Palsgraff, which were not physical. I agree with this because the this was not on purpose, the employees of the LIRR were trying to help a passenger, which is their job, not knowing that the passenger’s package contained fireworks. The injuries that Palsgraff faced were not physical so the court decision was right.
The difference between criminal law and tort law is that, a tort law is to amends a wrong done to a person, usually by awarding them financial costs as compensation. Criminal laws prohibits certain actions and execute prison sentences, fine, probation and such depending on the violation that the have committed. When it comes to tort laws individuals that been harmed by action, are the ones who file the charges and in criminal laws only the government can bring such charges depending on the crimes committed.
What are the conditions for strict liability and negligence?
Strict liability is a tort law perception that executes liability for harm suffered without requiring proof of negligence. Strict liability is the legal responsibility for damages and injuries even if the person found strictly accountable was not at fault or negligent. Negligence is involved when harms caused by carelessness.
What does it mean that an event A caused another event B? Give an example
This means that one event could lead to a another event such as if I am getting late for class and I want to make it on time I will take another route. But not knowing that the new route put be behind schedule more than my regular route. So this one event caused another event to occur.
What is legal causation? Give an example.
Legal causation requires that the harm must result from a guilty act. Example would be that a truck is traveling more than the speeding limit but after a wile it slows down and carry on with the legal speeding limit. But while the truck is traveling it hit the car in front. Even though the cause of the accident was not because of the truck speeding but it could have been avoided if the truck was not speeding because it would have not came this far into the road where it meet in the accident with the car.
What were the reasons for the court's decision in Lynch vs. Fisher? Do you agree - why or why not?
Fisher was at fault for the crimes that he had committed. The court decision was that Fisher was liable for Lynch’s injuries. It was fisher’s fault for stopping the truck on the highway, which led to Lynch’s injuries and that, is why I agree with the court’s decisions.
What were the reasons for the court's decision in Palsgraff vs. LIRR? Do you agree - why or why not?
The court decision was that the LIRR were not responsible for the injuries of Palsgraff, which were not physical. I agree with this because the this was not on purpose, the employees of the LIRR were trying to help a passenger, which is their job, not knowing that the passenger’s package contained fireworks. The injuries that Palsgraff faced were not physical so the court decision was right.
Nice job on 1-3.
ReplyDeleteAd 4) This is a bit unclear and your example is problematic. It is not necessarily that the harm results from a guilty act (I assume that you mean by “guilty” a negligent act or an act of fault), as it is not in cases of strict liability. What is the additional requirement for legal causation?
ad 5) and 6) First of all, Fisher did not commit a crime when he parked his truck negligently. But why do you agree with Lynch v. Fisher and Palsgraf v. LIRR? Though these two cases seem to be very similar, Fisher was found liable but the LIRR was not liable. Just like the driver of the Fisher trucking company set a series of events into motion that ultimately led to the injury, so did the employee of the LIRR. So what is similar and different between these two cases?