Preview

Cja 520 Federal Torts Act 1946

Powerful Essays
Open Document
Open Document
1609 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Cja 520 Federal Torts Act 1946
Federal Tort Acts of 1946
Jenna Smith
CJA 520
Professor Mark Holley
July 30, 2011

Introduction
In the United States today if you as an officer put either you or your department in a liability, for any type of act that is not warranted and handled in a professional manner you are opening yourself for a number of different actions which could hurt both you, your department as well as causing you to loss everything that you own, just because you decided to not following proper protocals which were developed for you department.
“In any case in which death was involved, the law where the act or omission complained of occurred provides, or has been construed to provide, for damages only punitive in nature, the United States shall be liable for actual or compensatory damages, measured by the pecuniary injuries resulting from such death to the persons respectively, for whose benefit the action was brought, in lieu thereof (federal-tort-claims 2012).”

Understanding the Torts Act
When one has committed a wrong doing, that person should be punished, and the one who has been wronged needs to feel vindicated. Others who may think of wronging someone in the same fashion will think twice first before it. One of the ways to punish people is through the civil court system with the use of torts. This system allows any person to confront any entity that has wronged them and demand retribution. Torts are an important tool enabling people to recover damages lost through medical costs, property lost, reparations for pain and suffering as well as mental anguish.
Many tort cases are frivolous, with some entering the realm of being totally ridiculous. The lawyers are not the only ones thinking of lawsuits as another way to get rich. The common American citizen brings lawsuits as a way of playing against the odds and will have a real chance to win.
Tort Civil Claim
We have all heard of the case in California recently where a woman alleged there was a finger in the



References: Sizemore, Bill. "Despite Worries, the Doctor is in." The Virginian Pilot. 21 Mar. 2005 Taylor, Stuart, Evan Thomas, Susannah Meadows, Pat Wingert, Debra Rosenberg, Mary Carmichael, Dirk Johnson, Sarah Childress, Rebecca Sinderbrand, Karen Breslau and Hilary Shenfield. "Civil Wars." Newsweek. 15 Dec. 2003: 42-52. "Torts and Tort Reform: Possible Implications for Property and Casualty Insurance." CPCU Journal. Oct. 2003: 1-18. Zegart, Dan

You May Also Find These Documents Helpful

  • Good Essays

    Punitive damages, under the common law of torts, juries are free to award an injured plaintiff all sorts of damages, not only to compensate for damages or out-of-pocket medical expenses, but also for pain…

    • 365 Words
    • 2 Pages
    Good Essays
  • Better Essays

    Law 531 Case 5.1

    • 1237 Words
    • 5 Pages

    The results from the surveys conducted concluded that the food at Lucky Cheng’s rated a 9 and in the category of décor and service a 15; scores could range from 0-30. Keeping in mind the results came directly from consumers…

    • 1237 Words
    • 5 Pages
    Better Essays
  • Better Essays

    Tort Case Scenarior Paper

    • 1975 Words
    • 8 Pages

    References: Cheeseman, H. (2010). The Legal Environment of Business and Online Commerce (6th ed.). : Prentice Hall.…

    • 1975 Words
    • 8 Pages
    Better Essays
  • Satisfactory Essays

    Punitive damages are designed to punish a defendant and deter bad conduct. Unlike most compensatory damages for civil suits, the purpose of punitive damages is not to make the plaintiff whole, but to punish the defendant. Punitive damages are not awarded in every civil case and most states have strict rules and limitations on when punitive damages will be allowed. There may also be caps in place that limit punitive damage awards to no more than 2 or 3 times the amount of actual damages. In many states, we will find that the awarding of punitive damages have been limited so as to not get out of control. For example, in most of these tort cases, punitive damages will not be awarded unless there is proof of compensatory or special damages sustained.…

    • 171 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Tort Reform Legislation The Seventh Amendment to the United States Constitution provides for the right to a jury trial in certain civil lawsuits. The proponents of tort reform legislation believe that in recent past there have been abuses in the civil justice system that need to be limited. In contrast, the opponents of the legislation believe that access to courts in order to seek remedy when deliberately or negligently harmed is vital for safeguarding individual rights. Opponents also believe that these rights have been under attack by interests of bug businesses over the past few decades.…

    • 624 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Wrongful Death Claims

    • 325 Words
    • 2 Pages

    When an individual is killed or dies as a result of the misconduct or negligence of another person or party, the surviving members of the victim’s family may file a wrongful death claim. The majority of wrongful death cases follow in the wake of criminal trials, utilizing comparable evidence but with a lower standard of proof. Regardless, an individual found liable in a wrongful death case may or may not be found guilty of a crime associated with that death.…

    • 325 Words
    • 2 Pages
    Good Essays
  • Better Essays

    Federal Tort Claims Act

    • 1331 Words
    • 6 Pages

    It is essential that the security and criminal justice personnel advocate, adhere to, and impose the law without prejudice or malice. The Constitution contains amendments and laws that defend and protect individuals from violation of their rights. Law enforcement and security officials retain the authority to enforce the law and ensure justice. This authority includes detaining and arresting suspects, searching and seizing property, and using deadly force in certain situations. But, with these powers officials must use discretion and act within the law thus ensure they do not violate an individual 's rights which may result in any civil or criminal liability claims (Federal Bureau of Investigation). It is vital that criminal justice and…

    • 1331 Words
    • 6 Pages
    Better Essays
  • Good Essays

    When a loved one has died through the negligence of another, the emotional loss is devastating, but the financial impact on those who were dependent on the deceased can be great. Our court system recognizes this and allows for a lawsuit due to wrongful death. Along with the obvious loss of wages, there are other lessor known areas for compensation that may apply in your situation. The following are four of them.…

    • 462 Words
    • 2 Pages
    Good Essays
  • Better Essays

    Synopsis of Tort Case

    • 1801 Words
    • 8 Pages

    This scenario is example of the domino effect. One action set off a sequence of events that resulted in several injuries, false accusations, and termination. The initial tort in scenario one was facilitated by Daniel, his actions of pushing Malik battery. The next tort was slander. The worker at the concession stand accused Daniel of giving his young son Ruben alcohol. Though her statement was false it led to Daniel being terminated by his boss who happened to be in the concession line at the time of the accusations. The tort that followed was negligence of the concession stand worker who was filling Daniel and Ruben’s soft drink order. Though he was asked for diet drinks, in his distraction he filled their cups with regular sugary soft drinks. Malik then assaulted Daniel with an unloaded gun. Daniel defended himself by shooting Malik with the weapon he had concealed. Shortly after Daniel went into a diabetic shock which could have been brought about by the negligence of the concession worker and/ or the emotional distress brought on by Malik’s threat with a weapon.…

    • 1801 Words
    • 8 Pages
    Better Essays
  • Good Essays

    As with most debates fought in the popular press, there is some truth on both sides. At the center of this controversy is the way the legal system handles disputes or torts. A tort by definition is not just actions resulting in physical injury. Slander, fraud, and trespass are also torts. However, most of the argument on tort reform, concerns cases involving physical injury, medical malpractice and product liability. America is the most sue happy society in the world. We take our private problems to court more readily than the people of any other country.…

    • 568 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Justice, whether personal or not, is sought after for revenge. When you are wronged you feel as though you must take action against that person. It is easy to forget that they had reasons, motivations and extenuating circumstances. No one ever wants to put themselves in the other person’s position and think about what they would have done. No one ever wants to stop for a second and consider the possibility of forgiveness being the solution. For this reason, among many others, it is highly debated on how…

    • 556 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Public Law

    • 896 Words
    • 4 Pages

    ▪Deterrence- the action in tort is designed to control the future conduct of the community . Bentham; both criminal punishment and tort damages were sanctions and therefore evils. The purpose of threatening them was to secure obedience to rules. However, negatives are that damages in tort may be far greater than is needed as a warning.…

    • 896 Words
    • 4 Pages
    Satisfactory Essays
  • Good Essays

    LAWS1061 Exam Notes

    • 10741 Words
    • 47 Pages

    Tort law has a compensatory function which means damages may be awarded where a person had been injured by the negligence of another.…

    • 10741 Words
    • 47 Pages
    Good Essays
  • Good Essays

    The Law of Tort is a concept that has been evolving through the ages. This ever-dynamic evolution of tort law has been the mater to many principles under which tortuous liability can be demanded. Simultaneously, certain other principles are used, to counter these claims for compensation. These counter claims, or defences are used to evict those innocent citizens from tortious liability who have been unfairly implicated with claims imposed on them. These defences were formulated from time to time to keep up with the very basis of imposition of tortious liability on an individual- i.e., creating a sense of deterrence while keeping up with the basic values of justice. Defences to tort are many: namely, Necessity, Vis Major/Force Majeure/Act of…

    • 832 Words
    • 4 Pages
    Good Essays
  • Best Essays

    Conflict and Resolution

    • 2244 Words
    • 9 Pages

    Renée, Edwards, Mattoon Audrey, and Appleton Andrew. "Successful Intervention in Civil Wars." Former Colonial Status as a Missing Variable. 2012.…

    • 2244 Words
    • 9 Pages
    Best Essays