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Some Law Terms

2021-08-20
3 pages
629 words
Categories: 
University/College: 
Middlebury College
Type of paper: 
Course work
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Liable: liable in law means being answerable (Martin, 2003).

Tort: A tort refers to a civil offense that makes an individual to suffer harm such that the person who causes the harm becomes legally liable. He or she is viewed as the tortfeasor (Martin, 2003).

Negligence: Negligence refers to actions which are below behavior standards which are formulated by the law to protect individuals from unreasonable harm. An individual is viewed to exhibit negligent conduct when he or she gets away from the action or rather avoid it which is not an action that is expected from a reasonable individual when placed in the situation (Martin, 2003).

Sovereign immunity: sovereign immunity or rather crown immunity refers to a legal rule in which the state is exempted from committing a legal offense and is viewed as immune when it comes to criminal prosecution. Sovereign immunity is among the international law principles that secluded the state from foreign courts jurisdiction (Martin, 2003).

Qualified immunity: qualified immunity is a legal principle that protects public officials from civil liability damages. However, the officials are expected not to have violated a persons established constitutional rights. Federal employees apply to the immunity in addition to law enforcement officials on duty. The immunity protects any public official from any form of litigation with respect to actions carried out in good faith (Martin, 2003).

Official immunity: official immunity is approached from a discretionary perspective whereby it emanates from personal liability and applies to public officers regarding tortious omissions and conduct. It is described as a personal immunity which is provided to public officers regarding liability on any individual who has been injured as a result of the actions emanating from the implications of carrying out an official authority (d'Entreves, 2017).

Good faith immunity: An individual who provides assistance to a life-threatening emergency that involves an individual present in a wrecked car or a vehicle that is causing a hazard on a public location or an individual who provides assistance to an emergency as per the directive from a law enforcement officer or any other responder during a motor vehicle accident is viewed as immune from the associated damages emanating from the action. This is unless the individual exhibits gross negligence when assisting (d'Entreves, 2017).

Respondeat superior: this refers to a rule present in tort law that makes an employer liable for a wrongful act committed by his or her employee. The employer becomes liable when the action took place within the employees scope. It is expected for a plaintiff to provide proof that an incident occurred within the employees work zone (d'Entreves, 2017).

The color of Law: The color of law puts into view the use of power by any authority to intentionally deny the privileges and rights of an individual which are under the American constitution. It is formulated to shield the rights of individuals. It is expected for authority figures such as security guards, judges, and police officers to respect the law. Individuals who go against it are viewed to have committed a federal crime (d'Entreves, 2017).

Deliberate indifference: deliberate indifference refers to the conscious disregarding of implications regarding ones conduct. It extends the notion of negligence but quite limited when it comes to omissions or actions in regards to the intentions of causing harm or the basic information that harm may occur (d'Entreves, 2017).

Summary judgment: summary judgment refers to a judgment made by the court on behalf of one party which is against a second party without necessarily having a full trial. It is perceived that the judgment may be made based on the whole cases merits or regarding discrete issues present in the case (d'Entreves, 2017).

 

References

d'Entreves, A. P. (2017). Natural law: an introduction to legal philosophy. New York: Routledge.

Martin, E.A. (2003). Oxford Dictionary of Law. Oxford: Oxford University Press.

 

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