Civil Liability Essays (Examples)
Study Document
Trends In Civil And Criminal Liability In The Private Security Industry
… use in pre-employment screening and drug testing have significantly affected the security industry. Future trends indicate that the industry requires extensive knowledge on civil and criminal liability laws. The industry leadership must be cognizant of employees’, employers’ and clients’ legal rights, including the likely implications of violating those rights (Encyclopedia … be cognizant of employees’, employers’ and clients’ legal rights, including the likely implications of violating those rights (Encyclopedia of Security Management, 1993).
Legal liability issues are likely to arise in areas such as sexual harassment, drug testing and client/employee injury. Furthermore, use of contract security forces requires ……
References
Works Cited
Dempsey, John S. Introduction to Private Security. Belmont, CA: Thomson Wadsworth, 2008. Print.
Encyclopedia of Security Management: Techniques & Technology. Place of publication not identified: Elsevier Science, Inc, 1993. Print.
Nemeth, C.P. (2018), Private Security: An Introduction to Principles and Practices, CRC Press
Nemeth, Charles. Private Security and the Law. , 2011. Internet resource.
Study Document
Private Security And Law
Private Security and the Law
Private security operatives are held liable for their actions based on existing federal and state laws. Potential liability for these operatives occur when attempting to stop or arrest criminals or when carrying out their daily operations. The most common potential liability issues for private security operatives are assault and battery. In addition, private security operatives can be found guilty under vicarious liability for the torts of another and for a violation of 42 U.S.C. 1983 (Reid, 2017). An example of a recent court case involving … example of a recent court case involving private security operatives accused or found liable for a 42 U.S.C. 1983 violation and under vicarious liability for the torts of another is State v. Santiago (2009).
In this case, the defendant Luis Santiago was involved in a verbal altercation … on the premise that security guards were state actors subjected to……
References
References
FindLaw. (2010). State of New Mexico, Plaintiff-Petitioner, v. Luis SANTIAGO, Defendant-Respondent. Retrieved March 24, 2019, from https://caselaw.findlaw.com/nm-supreme-court/1001193.html
Reid, B. (2017, April 14). A Legal Overview of Section 1983 Civil Rights Litigation. The Huffington Post. Retrieved March 24, 2019, from https://www.huffingtonpost.com/entry/a-legal-overview-of-section-1983-civil-rights-litigation_us_58f0e17ee4b048372700d793
Wakefield, J. (2018, April 19). As Alberta’s Private Security Industry Surges, What Happens When Guards Behave Badly? Edmonton Journal. Retrieved March 24, 2019, from https://edmontonjournal.com/news/crime/as-albertas-private-security-industry-surges-what-happens-when-guards-behave-badly
Yee, M. (2018, June 24). Security Guard Liability. Retrieved March 24, 2019, from https://www.legalmatch.com/law-library/article/security-guard-liability.html
Study Document
Importance Of Ethics Within The Criminal Justice
… silent during their dealings with officers as well as their right to be represented by a lawyer. Informing the arrested individuals of their civil rights allows them to act in their very own best interest (Kramer, 2018). Lawyers are expected to stick to the guidelines of professional ……
References
References
Braswell, M. C., McCarthy, B. R., & McCarthy, B. J. (2017). Justice, crime, and ethics. Taylor & Francis.
Kramer, L. (2018). Why Is Ethics Important in Criminal Justice? Legal Beagle. Retrieved from https://legalbeagle.com/6386561-ethics-important-criminal-justice.html
News Services (2008, June 13). Woman gets $7.7M in false arrest case, Chicago Tribune. Retrieved from https://www.chicagotribune.com/news/ct-xpm-2008-06-13-0806130382-story.html
Sahakian, W. S., & Sahakian, M. L. (1966). Ideas of the great philosophers (No. 218). Barnes & Noble Publishing.
Souryal, S. S., & Whitehead, J. T. (2019). Ethics in criminal justice: In search of the truth. Routledge. Case law
Indiana Supreme Court Disciplinary Commission vs. Dana E. F. DANIELS, Supreme Court Cause No. 49S00-1402-DI-133, (2015).
Jackson v. City of Chicago, No. 03 C 8289, (July 31, 2006).
Study Document
EEOC Complaint Process
… protected class due to age, ethnicity, race, national origin, disability, sex, or religion have the legal right not to be harassed under the civil Rights Act of 1964 (Glaviano, 2017). John does fall under the protected class due to his national origin and race since he identifies … case is a supervisor and the employer is vicariously liable for a hostile work environment that has been created by the supervisor.
Employer liability
The employer can defend himself for the supervisor's conduct by stating that there was no tangible action taken against the employee. This means ……
References
References
EEOC. (n.d). Filing a Formal Complaint. Washington, DC: EEOC Headquarters Retrieved from https://www.eeoc.gov/federal-sector/filing-formal-complaint .
Glaviano, A. (2017). Teaching Organizational Leaders: Application of Title VII of the Civil Rights Act of 1964 to Hiring Practices and Harassment Prevention in New Orleans.
Meyers, S. D. (2015). Who’s the Boss: The Definition of a Supervisor in Workplace Harassment Under Vance v. Ball State University. Saint Louis University Law Journal, 59(3), 19.
Study Document
Net Worth Theory And Corporate Fraud
...Civil liability Danske Bank's Money Laundering Scandal
Madinger (2006) points out that the net worth method is among the most common used in accounting forensics when it comes to detecting illegal income, such as by way of money laundering. The case of Danske Bank and its money laundering escapades from 2007 to 2015 through an Estonian branch where a quarter of a trillion dollars flowed is a prime example of a situation in which the net worth method could be applied to investigate this corporate fraud.
As Schwab (1961) states, the net worth theory rests upon the idea that if one’s net increase exceeds the income reported, the corporation has understated its income; additionally, “if there is no increase in net worth but if the taxpayer has expended larger amounts than his reported income on nondeductible items, there has been an understatement of income” (p. 78). With Danske Bank, billions were passing……
References
References
IRS. (2017). Retrieved from https://www.irs.gov/irm/part9/irm_09-005-009
Madlinger, J. (2006). Money laundering: A guide for criminal investigators. CRC Press.
Milne, R. & Winter, D. (2018). Danske: anatomy of a money laundering scandal. Retrieved from https://www.ft.com/content/519ad6ae-bcd8-11e8-94b2-17176fbf93f5
Schwab, R. D. (1961). The Civil Aspects of the Net Worth Method. Wm. & Mary L. Rev., 3, 65.
Study Document
Confidentiality Breach And Unfair Dismissal Law
...Civil liability Milestone 1
I. Introduction
As an intern at the legal department of Greene’s Jewelry Wholesale, I am convinced that the company does indeed have significant strengths in as far as its legal claim is concerned. This is more so the case given that Jennifer Lawson did indeed sign a confidentiality agreement whereby she made a commitment to keep any information gathered relating to the creation of Ever-Gold secret. It is important to note that she never signed a ‘not to compete’ agreement. This, however, has no connection to the issue at hand because Jennifer has not necessarily established an enterprise that seeks to compete with Greene’s Jewelry. On the other hand, when it comes to the legal defense of the company, it would be prudent to note that Greene’s Jewelry position would be weak. The subsequent sections of this text not only analyze the facts and laws relevant to the……
References
References
Bagley, C.E. (2012). Managers and the Legal Environment: Strategies for the 21st Century (7th ed.). Mason, OH: Cengage Learning.
Chociey, E.F. (2018). The Defend Trade Secrets Act of 2016: An Overview and Analysis of the Statute Establishing a Federal Civil Cause of Action for Trade Secret Misappropriation and Notable Case Law to Date. Retrieved from https://www.lexology.com/library/detail.aspx?g=a6c6cf8f-5d89-4cbd-9c64-82ca38e53006
Justia (2020). Chestnut v. Stone Forest Industries, Inc., 817 F. Supp. 932 (N.D. Fla. 1993). Retrieved from https://law.justia.com/cases/federal/district-courts/FSupp/817/932/1459432/
Peacock, W. (2013). Breach of Contract, Confidential Info Leak Case: Hallmark Prevails. Retrieved from https://blogs.findlaw.com/eighth_circuit/2013/01/hallmark-prevails-in-breach-of-contract-confidential-info-leak-case.html
U.S. Department of Labor (2020). Plant Closings and Layoffs. Retrieved from https://www.dol.gov/general/topic/termination/plantclosings
Study Document
Who To Save End Of The World Scenario
...Civil liability Who to Save: Thinking About Stereotypes
The end of the world is a terrible prospect to contemplate. To rebuild society, while it is necessary to reproduce humans on a biological level, ideally one would hope to create a new, better society to support future life. This includes a society which is less prone to disease, famine, and basic unkindness. It would also be valuable to preserve the best knowledge which exists in the present generation for the good of future generations, hopefully to avoid future nuclear devastation, environmental degradation, and strife.
Given the need for sound scientific knowledge, the first person I would choose would be the lesbian Chinese microbiologist. Not only would she know how to combat diseases that might arise in the future that could save humanity, she is only 32 and would likely be healthy and able to exist for many years, providing assistance to the remaining……
Study Document
Investigative Conclusion And Testimony
...Civil liability Section I
Provide a list of people you believe should be interviewed for this investigation and how they relate to the investigation. What information could they possibly supply?
For this investigation, there will be need to interrogate a number of persons. In so doing, I would be concerned with two key aspects that relate to the investigation: work-related aspects and aspects not related to the workplace. With regard to work-related aspects, I would be seeking to interview those who have closely worked with Mr. John Belcamp, i.e. his workmates and other organizational employees. These would be inclusive of his superiors (Ms. Carol McPherson, Mr. Harold Newman, Mr. John Belcamp, and Ms. Evelyn Bass), his subordinates, those at the same job level, and staff performing various key organizational roles (such as security personnel). This would essentially be a fact-finding undertaking aimed at determining whether there is indeed any possibility of violation……
References
References
Adam, C. (2016). Forensic Evidence in Court: Evaluation and Scientific Opinion. Hoboken, NJ: John Wiley & Sons.
Casey, E. (Ed.). (2009). Handbook of Digital Forensics and Investigation. Burlington, MA: Academic Press.
Maras, M. (2014). Computer Forensics: Cybercriminals, Laws, and Evidence (2nd ed.). Burlington, MA: Jones & Bartlett Publishers.
Newman, R.C. (2007). Computer Forensics: Evidence Collection and Management. New York, NY: CRC Press.
Reddy, N. (2019). Practical Cyber Forensics: An Incident-Based Approach to Forensic Investigations. New York, NY: Springer.
U.S. Department of Justice (2018). Reporting Intellectual Property Crime: A Guide for Victims of Copyright Infringement, Trademark Counterfeiting, and Trade Secret Theft. Retrieved from https://www.justice.gov/criminal-ccips/file/891011/download
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