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Papers On Law & Legal Systems
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Tort Of Negligence
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8 pages in length. A fast-paced society is at risk for multiple negligent issues, not the least of which concerns that of medical negligence. Australia is just one of many countries that have fallen victim to overworked, undertrained practitioners whose focus is not always upon the patient's best interests. Personal and professional distractions, as well as the inability to spend adequate time with each patient, are just some of the reasons cited for the conspicuous increase in medical negligence. What determines whether or not an individual seeks legal compensation when medical negligence has occurred? Are there certain issues that openly sway one's decision as to take action? Clearly, several factors exist within the boundaries of medical negligence that help determine if a patient is going to sue, including the patient/doctor relationship, how the doctor responds to the claim of negligence, as well as the ethical nature of the situation. Bibliography lists 10 sources.
Filename: TLCtort.wps
Tort Precedent, Negligence And Liability
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3 pages in length. The writer briefly discusses tort law as it relates to suing the manufacturer for injury caused by misuse of the product. Bibliography lists 1 source.
Filename: TLCTortNegli.rtf
Tort Reform
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A 3 page research paper that argues that proposed tort reform, which would place a cap on medical malpractice awards, would not significantly reduce physicians' insurance payments, aid the public, or reduce health costs. It would, however, greatly benefit the insurance industry. Bibliography lists 3 sources.
Filename: khtortr.rtf
Tort Reform
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This 4 page paper examines the issue of tort reform. Both sides are discussed and there is a focus on medical issues. Florida is highlighted as a state that is doing something about the problem. Bibliography lists 3 sources.
Filename: SA523trt.rtf
Tort Reform / Against Current
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A 7 page argumentative paper positing that the general public is continually losing ground when it comes to financial redress in the United States. The current (1998) bugaboo is tort reform. The paper agrees that abuse of the system led to the desire for change in the system; however, based on historical success in the product safety area, tort reform will not serve the public. Bibliography lists 6 sources.
Filename: Ustorts.doc
Tort Reform And Biblical Principles
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A 6 page paper. One writer says that America's courts have succumbed to what can only be explained as a fit of madness in terms of tort cases and damages awarded. This has led to a movement for tort reform. The writer discusses issues related to torts and tort reform and then cites Biblical principles that might be considered in these proposals. As another writer put it: God holds us accountable for our actions and our negligence. Unfortunately, our society is breeding people who believe they can do anything they want with impunity. Bibliography lists 5 sources.
Filename: PGtortbi.doc
Tracing and Following
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This 4 page paper look sat the legal difference between following and tracing assets with reference to the case of Foskett v McKeown (2001), considering hoe it may be seen as a process rather than a claim and the practical implication this has for subsequent cases. The bibliography cites 2 sources.
Filename: TEtracefol.rtf
Tracing Proprietary Claims on Sham Trusts under Common Law and Equity Law
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This 11 page paper looks at the way tracing can take place in proprietary claims on a sham trust, comparing and contrasting the differences of claims made under common law and equity law, the impact this has on the use of tracing as a remedy and considers the argument that tracing should be seen as a process rather than a remedy with only a single set of rules for beneficiaries. The paper is written with reference to English Law. The bibliography cites 15 sources.
Filename: TEshamtrace.rtf
Tracy O'Shea and Jane LaLonde's Sexual Harassment: A Practical Guide to the Law, Your Rights, and Your Options for Taking Action
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This 7 page paper provides an analytical overview of O'Shea and LaLonde's book Sexual Harassment: A Practical Guide to the Law, Your Rights, and Your Options for Taking Action. This paper assesses the two central components of sexual harassment law as outlined by the authors: quid pro quo and hostile work environment. No additional sources cited.
Filename: MHsexhar.wps
Trade in Goods: Flexo and Expando Trade Dispute
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A 3 page paper discussing the international trade dispute between States A and B, hosts to Expando and Flexo wristwatch band manufacturers, respectively. Flexo has asked its courts to overrule a customs service refusal to impose import taxes on Expando’s products because the company receives government subsidies. All companies in Expando’s home market receive such subsidies, and the court refuses to override the customs service’s decision. Bibliography lists 3 sources.
Filename: KSlawFlexExpano.rtf
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