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1) What is the difference between a felony and a misdemeanor?
There are several key differences between a felony and a misdemeanor. The most notable of these differences is that a felony is a crime that can be punishable by life in prison or death. A felony offense will also bar any individual from holding a security clearance. A misdemeanor, on the other hand, is a less serious crime that is typically associated with paying a fine or spending less than a year in jail.
2) Describe tort law and the types of damages in a tort lawsuit. Provide two examples of tort damages in the business environment.
Tort law is defined in the textbook as “providing remedies for the invasion of various protected interests” (Miller, 2016) Tort damages are typically in the form of compensatory actions such as replacing or repairing an item that the defendant was found of guilty of breaking. The other type of tort damages is punitive in nature, such as a defendant being found guilty of robbing a retail store.
3) Describe Wrongful Interference with a Business Relationship. Provide the Pros and Cons Dependencies of That Business Relationship.
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This could include luring clients or potential customers to your business while directly interfering with a competing business to do the same. Some of the pros associated with this type of business relationship include lowering prices, making your business more appealing to potential clients or customers, and having a higher competitive advantage. Some cons associated with this business model include the potential to harm both yourself along with your competitor, a weaker business relationship, and wrongfully stating false information about your
They have been excluded from voting because they have been convicted of a felony. A felony is usually considered a crime. that could lead to more than a year in prison. But states can often have differing views of what is considered a felony or a misdemeanor. Such an important right should not be subject to the whims of state legislatures.
The difference between a deviant act and a deviant career is different in many ways. For one to start off by talking about a deviant career. A deviant career has phases that the people involved in it go through.
Felony disenfranchisement is legally revoking citizens, who have been imprisoned for felony charges, of their right to vote. States are currently allowed, by law, to forbid felons from voting. In thirty-eight states, including the District of Columbia, felons’ rights to vote are restored immediately after they have completed their sentences and probational consequences (“Felony Voting Rights”). In other states, ex-cons must go through a process to get their voting rights back, which they have to apply for (“Felony Voting Rights”). Felony disenfranchisement is another way for our government to discriminate racially because African-American males are statistically the most affected by this law. I have numerous statists and a personal story from
Answer 3. A remedy is a form of court enforcement of a legal right resulting from a successful civil lawsuit. Remedies fall into three general categories: (1) Damages - monetary compensation for the plaintiff's losses, injury, and/or pain or restitution measures designed to restore the plaintiff's status to what it was prior to the violation of his or her rights, (2) Coercive remedies - requiring a party to do or omit doing a specific act through injunctive relief or a court order of specific performance (3) Declaratory judgment - the court determines individual rights in a specific situation without awarding damages or ordering particular action. Monetary damages are often referred to as a legal remedy while coercive and declaratory remedies are termed equitable remedies.
after suffering harm from the acts of the other party (Turner, 2013). A tort is a civil wrong
2. Compare and contrast tort and criminal law. What are some types of behavior that would be covered by both types of law? In criminal law, the indictment is by the legislature. Disciplines might be fines (paid to the administration) or the correctional facility. In tort law, the offended party who brings the claim is the individual who was specifically harmed and the discipline is normally installment of harms to the individual harmed. A few demonstrations of conduct that would be secured by both sorts of laws are whether some individual physically hit another person and intended to bring about damage on them that would
The U.S court system has numerous cases in it, they range from multi million dollar cases (including the bank crisis, or the car business for example) to less severe cases called torts. A tort is a legal term defined as “ A wrongful act that does not include breach of contract. This offense damages the injured parties property or reputation, leaving that party able to gain compensation.” (Dictionary.com) The book The King of Torts is about a man named Clay Carter. He has a stable job, it doesn’t pay as much as he wishes. He in the scheme of one week goes from making $100,000 a year to making $5,000,000 in one case. This is all because he filed something called a mass tort (also known as a class tort).
Civil law includes all types of law other than criminal law. It deals with the disputes between individuals, organizations, or between the two, in which compensation is awarded to the victim. The purpose of civil law is to deal with the disputes between individuals, organizations, or between the two, in which compensation is awarded to the victim ("Civil Law vs Criminal Law."). This type of cases is filed under private party and the judge decides if the candidate is liable or not. The party who brings up the suit is known as a platiff, and the party who is accused of the harm is known as a defendant. Compensation (usually financial) for injuries or damages, or an injunction in nuisance is a result of punishment. Examples of a civil law would include Landlord/tenant disputes, divorce proceedings, child custody proceedings, property disputes, personal injury, etc("Civil Law vs Criminal Law.").
Damages – if the other party cause’s drastic damages that cost the other party or affect it negatively than the other party can sue and take them to court of law, and the court may claim that the affected party may be paid and be taken back to its original position as it was
Textbook on Torts 8th edition. Michael A.Jones [2] P419. Textbook on Torts 8th edition. Michael A.Jones [3] The Law of Torts. 9th edition.
Punitive theory of punishment deals with compensation and restitutions for the damage has been occurred. Punitive damage may be awarded in tort cases where the offenders’ action rises action of high level of immorality.
A crime is an act against the public good, punishable by a fine, imprisonment, or both. There are two major classifications of crime. The first classification of crime is a felony. A felony is a major crime punishable by imprisonment or death. Murder, manslaughter, burglary, robbery, and arson are examples of felonies. The second major classification of a crime is a misdemeanor. A misdemeanor is a less serious crime with a less severe penalty. Misdemeanors that aren’t as serious are known as petty offenses. Driving an automobile without a license, lying about your age to purchase alcohol, and leaving the scene of an automobile accident are all examples of misdemeanors.
The partywho injured by a breach of contract may bring an action for damages. ³Damages 'means money compensation is calculated from the loss suffered by the aggrieved party. Lieson burden the injured party to prove their loss.2
Legal crimes are an act that violates the law in itself but is considered legal given the situation. For example; killing someone in self defense violates the law, however; murder in itself is a crime, but protecting one's life if threatening by bodily harm or injury is legal. Therefore, killing in self defense is a legal crime. Legal crimes are acts that are not harmful to another person, however; these acts are defined as crimes by society because of the influence these crimes have on those who are in authority. Legal crimes are less serious because they cause less harm, are not as frequent and are not as widespread. People who commit assault, fraud, embezzlement, vandalism, prostitution, and disorderly conduct are committing legal crimes. Legal crimes are not an obvious crime and do not have an obvious victim. However, not all crimes are reported to the police, therefore crimes are classified by the degree of harm caused, how frequent they occur, and how pervasive the crimes are throughout the country. Crimes can be distinguished by degree or severity of the crime by dividing the crimes into groups; felonies for severe crime and misdemeanors for less severe crimes. Another way to distinguish crime is between mala in se which is rape or murder or mala prohibita, which is trespassing, gambling, or prostitution. Once the public understands that the balance is the goal of "justice" the next step is to understand the difference between a natural crime and a legal crime.
1. Compensatory Damages. Compensatory damages (also called “actual damages”) cover the loss the nonbreaching party incurred as a result of the breach of contract. The amount awarded is intended to make good or replace the loss caused by the breach.