Differentiate between neligence, intentional and constitutional torts Essay

Differentiate between neligence, intentional and constitutional torts. What act(s) can cause a tort liability - Essay Example For example: an employee of the criminal justice department conducted his duties without making sure that others are not harmed by his means of conducting duty, due to this others may have been inflicted with harm or injury, thus the official is held responsible for conducted his duties in a negligent manner. Criminal justice officers experience intentional torts when they indulge knowingly and freely indulge in activities due to which citizens or other individuals of a society may be harmed (Vaughn, 1999). For example: a police officer uses coercive methods to obtain a confession from a suspect, due to his act the suspect gets badly injured, the police official is held responsible for using coercion and the confession obtained from the suspect might not be used as evidence in the court of law. A criminal justice employee may be held responsible in a case of constitutional tort if he fails to conduct his duties in accordance to the constitution of the country (Carlson, 1985, p.342). For example: if a police official makes an arrest and forgets to read the Miranda rights to the suspect, the police official may be held responsible for acting according the constitution and the suspect may be free to leave as his Miranda rights were not read to him (Peak, 2011, p.281). Various activities conducted by the officials of the criminal justice system lead to tort liability, these activities includes: negligent behaviour, wrongful charges for arrest, breach of right of privacy, upholding information and evidence, and coercive interrogation. When an official of the criminal justice system is said to have acted in a negligent manner, he is said to have not exercised his duty of due care (Peak, 2011, p.341). This means that while conducting his duties, an official has not ensured to eradicate practices and procedures that may harm an individual and that are foreseen. Therefore a police official has to exercise his duty of care while conducting his

LAW Essay Example | Topics and Well Written Essays - 3500 words

LAW - Essay Example The element reality of the consent, on the other hand, refers to the requirement that the consent by either or all parties must not have been vitiated by any misrepresentation, fraudulent or otherwise, whilst the capacity to contract is a personal requirement on the part of the parties of the contract that they do not possess any legal disqualifications to enter into it. A disqualification for example is minority. Finally, the legality of the contract refers to the ability of the contract and its terms to hold before the law. Put in other words, the contract must not be legally invalid (Mead, Sagar & Back p 56). The problem at bar, calls for the application of the laws of contract formation particularly on the validity of acceptances and offers. The problem at hand concerns the initial phase of contract-making which is the formation of the contract. The problem here lies in the fact that there was a mix-up of the different elements of the agreement like offer and acceptance and the problem seeks to determine whether there was a valid formation of a contract and with which parties. The problem involves UCL Property Developers, the inviting party, and two companies vying for the building contract: the DC Builders, and; the GB Construction. The order of events is: first, UCL gave out invitations to tender to building contractors for the construction of its administration offices; second, DC Builders and GB Construction were the lowest bidders and pre-qualifiers for  £ 2, 250,000, and  £ 2, 410,000, respectively and each attached its own conditions and terms distinct from UCL’s; third, UCL awarded DC with the contract, in a letter, but for a slightly less amount and in accordance with its own terms; fourth, DC threatened to withdraw its offer if UCL does not amend acceptance within five days; fifth, DC formally

Edgar Allan Poe Essay -- essays research papers

Edgar Allan Poe Ralph Waldo Emerson called him the jingle man, Mark Twain said that his prose was unreadable, and Henry James felt that a taste for his work was the mark of a second-rate sensibility. According to T. S. Eliot, "the forms which his lively curiosity takes are those in which a preadolescent mentality delights." After notices like those, most reputations would be sunk without a trace, and yet Edgar Allan Poe shows no sign whatsoever of loosening his extraordinary hold on our imaginations. In 1959, Richard Wilbur, an elegant poet and a critic of refined taste, inaugurated the Dell Laurel Poetry Series (mass-market paperback selections from classic British and American poets) with an edition of Poe's complete poems, for which he provided a long and thoughtful introduction. In 1973, Daniel Hoffman, also a distinguished poet and critic, published a highly regarded study of Poe's writings. In 1984, two massive volumes of Poe's collected works, together comprising some three tho usand pages, were published in the Library of America. In the 1990s, Poe has been the subject of a children's book and a substantial new biography, and a Halloween episode of the Baltimore-based television series Homicide: Life on the Street made very effective use of his legend and his writings, especially the poem "Dream-Land" and the stories "The Tell-Tale Heart" and "The Cask of Amontillado." A century and a half after his death, he is the one American author whose name is known to virtually everyone. Edgar Poe was born in Boston, Massachusetts, on January 19, 1809, the second of the three children of David Poe and Elizabeth (Arnold) Poe, both of whom were professional actors and members of a touring theatrical company. Eclipsed by his more famous wife, his own promising career ruined by alcoholism, Poe's father deserted the family when Edgar was still an infant; nothing conclusive is known of his life thereafter. While appearing professionally in Richmond, Virginia, Poe's mother became ill and died on December 8, 1811, at the age of twenty-four. Her three children, who would maintain contact with one another throughout their lives, were sent to live with different foster families. Edgar became the ward of John Allan, a successful tobacco merchant in Richmond, and his wife ... ... eye as the cause of unexplainable illnesses and misfortunes of any kind. To protect oneself from the power of the eye, certain measures can be taken. In Muslim areas, the color blue is painted on the shutters of the houses, and found on beads worn by both children and animals. There is also a specific hand gesture named the "Hand of Fatima," named after the daughter of Mohammed. This name is also given to an amulet in the shape of hand that is worn around the neck for protection. In some locations, certain phrases, such as " as God will" or "God bless it" are uttered to protect the individual from harm. In extreme cases, the eye, whether voluntarily or not, must be destroyed. One Slavic folktale relates the story of the father who blinded himself for fear of harming his own children with his evil eye. Would Poe have had knowledge of this rather strange belief? It is altogether possible that he would have, which creates another interesting twist to this story. Maybe the narrator who tries to convince us that madness is not really the issue, is telling the truth. Maybe this vile act is necessary in order to destroy the power of the old man's evil eye!

Love in Different Country Essay

Studying in the U.S. for nearly a year, I learned a lot of knowledge and I made a lot of friends. Some of them are foreigners. This year’s study is very effective for me. In the United States, I found some phenomenons are different between my country and the U.S. Now I mainly want to talk about love in the U.S. and China. The United States is a free country. The United States advocates free development. It pays attention to every person’s personality. Some American friends told me that love is very easy in the United States. Both men and women like each other, then they can fall in love. The parents will not hinder the child’s decision. So children can choose their partner if they want. In China, love and marriage is a very serious and very important thing. The parents always provide a lot of requirements to their children. For example, if my child is a boy, I will tell him, â€Å"Your wife in the future must be a very nice woman. Her family condition must be consistent with our condition.† because in China, many parents consider that only if both parties are consistent with their conditions, the future life can help each other, and the lives will be happy. In my opinion, I think the two points of view are so different, but each opinion has its reason. My questions are: What makes loving anybody in the United States not similar? How do different people in the U.S. falling in love It also represents the different cultures between China and the U.S. If I were allowed to choose which waysuits me, I will choose the American way because I love freedom. Notes: This needs more information in the second and third paragraphs about the reasons why each country has these â€Å"rules† about love. Then, in the conclusion, you can talk about how freedom is an American trait of love and that these reasons are why you want to choose an American style of love or choosing a partner.

Short Story - 1126 Words

They get you something better. They buy you a boutique. Not many twenty-one year olds own a store, but where else would you be able to display and sell all of your creations? You certainly don’t have any more room in your closet for all of your knitwear, not after you decided to expand to other sewing projects. Nothing had ever made your heart beat like seeing the sign lit over your store. You were so proud. Your father helped you with the business side of things. Your mother helped you decorate. It was understood that certain standards must be met for you to keep the store. You would have to be a responsible owner. You couldn’t shirk your responsibilities as the family heir. Most important of all, you couldn’t have any public†¦show more content†¦Eric. He was young. Handsome. Charming, but not in a way that made you nervous. He didn’t seem like the type to be interested in handmade sweaters, but you weren’t really one to judge. What you remember the most about him, though, is how friendly he was. You tried keep things polite, at first, but he was persistent. His first visit to the store became weekly visits that turned into you expecting to see him every day around the same time. Sometimes, he brought you a drink from the coffee shop across the street. Other times, it was from the donut shop a couple blocks away that you always wanted to visit, but never got to because it was always closed by the time you got off work. He remembered the little things you’d mention, like wanting to go to the donut shop or that you didn’t mind cloudy skies. That meant more than it should have to you. That made it so much easier for you to trust him. You and Eric were friends before you even realized what was happening. You looked forward to his visits. You tried to remember the little things about him, like he did for you, and often thought about him even when he wasn’t there. You even started knitting a sweater for him, as silly as you felt doing it, if only bring a smile to his face when you gave it to him. Looking back, you realize now it was your own eagerness to have a friend that made you such an easy pawn for him. Your ruin comes in the form of a rude customer. FiveShow MoreRelatedshort story1018 Words   |  5 Pagesï » ¿Short Stories:  Ã‚  Characteristics †¢Short  - Can usually be read in one sitting. †¢Concise:  Ã‚  Information offered in the story is relevant to the tale being told.  Ã‚  This is unlike a novel, where the story can diverge from the main plot †¢Usually tries to leave behind a  single impression  or effect.  Ã‚  Usually, though not always built around one character, place, idea, or act. †¢Because they are concise, writers depend on the reader bringing  personal experiences  and  prior knowledge  to the story. Four MajorRead MoreThe Short Stories Ideas For Writing A Short Story Essay1097 Words   |  5 Pageswriting a short story. Many a time, writers run out of these short story ideas upon exhausting their sources of short story ideas. If you are one of these writers, who have run out of short story ideas, and the deadline you have for coming up with a short story is running out, the short story writing prompts below will surely help you. Additionally, if you are being tormented by the blank Microsoft Word document staring at you because you are not able to come up with the best short story idea, youRead MoreShort Story1804 Words   |  8 PagesShort story: Definition and History. A  short story  like any other term does not have only one definition, it has many definitions, but all of them are similar in a general idea. According to The World Book Encyclopedia (1994, Vol. 12, L-354), â€Å"the short story is a short work of fiction that usually centers around a single incident. Because of its shorter length, the characters and situations are fewer and less complicated than those of a novel.† In the Cambridge Advanced Learner’s DictionaryRead MoreShort Stories648 Words   |  3 Pageswhat the title to the short story is. The short story theme I am going conduct on is â€Å"The Secret Life of Walter Mitty’ by James Thurber (1973). In this short story the literary elements being used is plot and symbols and the theme being full of distractions and disruption. The narrator is giving a third person point of view in sharing the thoughts of the characters. Walter Mitty the daydreamer is very humorous in the different plots of his dr ifting off. In the start of the story the plot, symbols,Read MoreShort Stories1125 Words   |  5 PagesThe themes of short stories are often relevant to real life? To what extent do you agree with this view? In the short stories â€Å"Miss Brill† and â€Å"Frau Brechenmacher attends a wedding† written by Katherine Mansfield, the themes which are relevant to real life in Miss Brill are isolation and appearance versus reality. Likewise Frau Brechenmacher suffers through isolation throughout the story and also male dominance is one of the major themes that are highlighted in the story. These themes areRead MoreShort Story and People1473 Words   |  6 Pagesï » ¿Title: Story Of An Hour Author: Kate Chopin I. On The Elements / Literary Concepts The short story Story Of An Hour is all about the series of emotions that the protagonist, Mrs. Mallard showed to the readers. With the kind of plot of this short story, it actually refers to the moments that Mrs. Mallard knew that all this time, her husband was alive. For the symbol, I like the title of this short story because it actually symbolizes the time where Mrs. Mallard died with joy. And with thatRead MoreShort Story Essay1294 Words   |  6 PagesA short story concentrates on creating a single dynamic effect and is limited in character and situation. It is a language of maximum yet economical effect. Every word must do a job, sometimes several jobs. Short stories are filled with numerous language and sound devices. These language and sound devices create a stronger image of the scenario or the characters within the text, which contribute to the overall pre-designed effect.As it is shown in the metaphor lipstick bleeding gently in CinnamonRead MoreRacism in the Short Stor ies1837 Words   |  7 PagesOften we read stories that tell stories of mixing the grouping may not always be what is legal or what people consider moral at the time. The things that you can learn from someone who is not like you is amazing if people took the time to consider this before judging someone the world as we know it would be a completely different place. The notion to overlook someone because they are not the same race, gender, creed, religion seems to be the way of the world for a long time. Racism is so prevalentRead MoreThe Idol Short Story1728 Words   |  7 PagesThe short stories â€Å"The Idol† by Adolfo Bioy Casares and â€Å"Axolotl† by Julio Cortà ¡zar address the notion of obsession, and the resulting harm that can come from it. Like all addictions, obsession makes one feel overwhelmed, as a single thought comes to continuously intruding our mind, causing the individual to not be able to ignore these thoughts. In â€Å"Axolotl†, the narr ator is drawn upon the axolotls at the Jardin des Plantes aquarium and his fascination towards the axolotls becomes an obsession. InRead MoreGothic Short Story1447 Words   |  6 Pages The End. In the short story, â€Å"Emma Barrett,† the reader follows a search party group searching for a missing girl named Emma deep in a forest in Oregon. The story follows through first person narration by a group member named Holden. This story would be considered a gothic short story because of its use of setting, theme, symbolism, and literary devices used to portray the horror of a missing six-year-old girl. Plot is the literal chronological development of the story, the sequence of events

Identifying and Dating Old Cabinet Card Photographs

Cabinet cards, popular in the late 1800s, are easy to recognize because they are mounted on cardstock, often with an imprint of the photographer and location just below the photo. There are similiar card-type photographs, such as the smaller  carte-de-visits  which was introduced in the 1850s, but if your old photo is about 4x6 in size then chances are it is a cabinet card. A style of photograph first  introduced in 1863 by Windsor Bridge in London, the cabinet card is a photographic print mounted on card stock. The Cabinet card got its name from its suitability for display in parlors -- especially in cabinets -- and was a popular medium for family portraits. Description:A traditional cabinet card consists of a 4 X 5 1/2 photo mounted on 4 1/4 x 6 1/2 card stock. This allows for an extra 1/2 to 1 of space at the bottom of the cabinet card where the name of the photographer or studio was typcially printed. The cabinet card is similar to the smaller carte-de-visite which was introduced in the 1850s. Time Period: First Appeared: 1863 in London; 1866 in America Peak Popularity: 1870-1895 Last Use: Cabinet cards are rarely found dating after 1906, although cabinet cards continued to be produced into the early 1920s. Dating a Cabinet Card:Details of a cabinet card, from the type of card stock to whether it had right-angled or rounded corners, can often help to determine the date of the photograph to within five years. It is important to note, however, that these dating methods arent always accurate. The photographer may have been using up old card stock, or the cabinet card may have been a re-printed copy made many years after the original photo was taken.   Card Stock 1866-1880 Square, lightweight mount1880-1890 Square, heavy weight card stock1890s Scalloped edges Card Colors 1866-1880 Thin, light weight card stock in white, off white or light cream. White and light colors were used in later years, but generally on heavier card stock.1880-1890 Different colors for face and back of mounts1882-1888 Matte-finish front, with a creamy-yellow, glossy back. Borders 1866-1880 Red or gold rules, single and double lines1884-1885 Wide gold borders1885-1892 Gold beveled edges1889-1896 Rounded corner rule of single line1890s on... Embossed borders and/or lettering Lettering 1866-1879 Photographer name and address often printed small and neatly just below the image, and/or studio name printed small on back.1880s on... Large, ornate text for photographer name and address, especially in cursive style. Studio name often takes up the entire back of the card.Late 1880s-90s Gold text on black card stock1890s on... Embossed studio name or other embossed designs Other Types of Card Mounted Photographs: Cartes-de-visite 2 1/2 X 4 1850s - 1900sBoudoir 5 1/2 X 8 1/2 1880sImperial Mount 7 X 10 1890sCigarette Card 2 3/4 X 2 3/4 1885-95, 1909-17Stereograph 3 1/2 X 7 to 5 X 7

Social Disorganization Theory By Shaw And Mckay - 1058 Words

Social disorganization theory was established by Shaw and Mckay (1942) in their famous work â€Å"Juvenile Delinquency and Urban Areas†. The main argument of the social disorganization theory is that, the place where people live will influence the individual’s behavior, and this may lead them to crimes. More precisely, certain characteristics of the neighborhood/community will strengthen or weaken the informal social control within the community, and this has mediating effect on crimes. In 1925, Park et al. published a study of the city of Chicago, focused on its industrialization and urbanization. They found out that the industrialization changed labor, economics and adolescence of the youngers. The immigration who came to the city were†¦show more content†¦Hence, as they argued, delinquency was not constitutional, but was to be correlated with the particular ecological environment in which it occurs. Therefore, it was highly possible that the ethnic diversity interferes with communication among individuals from different ethnic backgrounds because of their different culture and customs, as well as the lack of shared experiences. This would possibly lead to the fear, mistrust, even conflict within the community, and therefore, increased the crime/delinquency rates. They also advocated the influence and determination of the criminal subculture by saying that this problematic subculture would promote the delinquency and worsen the situation. However, this generation of social disorganization theory did not define what â€Å"social disorganization† was, which was nearly unacceptable. Moreover, they only used official data of delinquency in their research, which had obvious middleclass bias, and overlooked social stratification. Besides these, this generation of social disorganization theory could not explain why many people in the Zone II did not commit crime and only a small fraction of whom committed most of the crimes, aka â€Å"good boy in the bad neighborhood† problem. Kornhauser (1978) criticized this social disorganization theory and indicated that the cultural transmission was problematic. If the crime could be cultured, then it could be organized, it could promote itself,Show MoreRelatedSocial Disorganization Theory By Clifford Shaw And Henry D. Mckay1056 Words   |  5 PagesSocial Disorganization Social disorganization theory explains the ecological difference in levels of crime, simply based on cultural and structural factors that influence the social order in a given community. Social disorganization is triggered by poverty, social stability, ethnic heterogeneity, and a few key elements. Although Clifford Shaw and Henry D. McKay (1942), were known for social disorganization theory, in 1947 Edwin Sutherland introduced the notion of a ecological differences in crimeRead MoreEssay about Social Disorginization theory 1296 Words   |  6 PagesShaw and McKay (1942) focused their research on the rapidly expanding city of Chicago Illinois in the early 1900’s. Cullen and Agnew (2011) stated that the population of Chicago expanded from 1 million people in 1890 to double that size within 20 years. According to Cullen and Agnew (2011) it was in this era of rapid expansion that researches begin to think differently about crime. Cullen and Agnew (2011) stated that the researche rs began to think that the understanding of crime may not be foundRead MoreJuvenile Delinquency And Urban Areas1557 Words   |  7 PagesIn 1942, Clifford Shaw and Henry D. McKay produced Juvenile Delinquency and Urban Areas, which aimed to explain crime in urban communities using social disorganization theory. Elliot and Merrill (1934) define social disorganization as â€Å"a breakdown in the equilibrium of forces, a decay in the social structure, so that old habits and forms of social control no longer function effectively† (p.20). Using this definition and the ecological approach, Shaw and McKay argue that low economic status, ethnicRead MoreThe Social Of Crime And Criminal Behavior882 Words   |  4 Pagesthroughout the last two centuries. Many theories, such as the social disintegration theory, have been hypothesized to explain the effects of certain neighborhoods on crime. In addition, other theories have been presented, such as the collective efficacy theory, whic h serve to explain the reasons for reduced crime in other neighborhoods while presenting possible solutions to solve the problem of crime in society. This paper will explore these two theories and how they not only help explain but alsoRead MoreThe Sociological Examination Of Crime862 Words   |  4 Pagescoming up with multiple social theories. Gavin states that psychologist suggest that those who commit crimes have â€Å"individual differences† that â€Å"make it more likely than some people to commit crimes†¦Ã¢â‚¬  and that these social theories say that these crimes are a result of â€Å"the breakdown in social structures†. One of the first social theories that was introduced came about in 1938 by Merton, his theory is known as Strain Theory. Gavin goes on to define Strain Theory as the â€Å"social structures exert pressuresRead MoreSocial Disorganization : How Does It Affect Me And The Community That I Live?758 Words   |  4 PagesSocial Disorganizati on; what is it? How does it affect me and the community that I live in? For many years’ residents in their particular community fought crime the best way they knew how. Some call the police, some protected their clan and yet others simply watch it happen, praying that they are not the next victim. So how do people stop crime when the police are nowhere around? Who can the residents turn to? The answer is simple; they turn to their neighbors. DISCUSSION: Shaw and McKay view forRead MoreThe Effects Of Urbanization, Industrialization, And Immigration On The Chicago Neighborhood Essay1521 Words   |  7 Pagesdeveloping criminal theories. The top professors of the sociology department studied in France and Germany where there is an emphasis placed on the social influence in human behavior by using official records, such as court and welfare records, as well as individual case histories (Panzarella Vona, 2013). During the early 1900s, researchers from the University of Chicago wanted to explore the effects of urbanization, industrialization, and immigration on patterns of social organization in ChicagoRead MoreThe Theory Of Social Disorganization Theory Essay1369 Words   |  6 Pagesneighborhood. Although various theories can be used in order to explain the link between poverty and crime, the one that best fits would be social disorganization theory. Social disorganization theory is a theory, which emphasizes environmental impacts of living in neighborhoods that are high in crime and also stresses that this is the reason that criminal activity increases (Tibbetts Hemmens, 2015). The Chicago school theory is otherwise known as the theory of social disorganization as well. Chicago wasRead MoreSocial Disorganization Theory Stemmed from The Polish Peasant in Europe and America by W.I. Thomas and Florian Znaniecki1322 Words   |  6 PagesMany of the theories and perspectives we have in criminology and sociology today have stemmed from the infamous sociology department, otherwise known as the â€Å"Chicago School†. Its emphasis on studying people and the natural interactions they have with their surroundings has led to the extensive examination of numerous neighbourhoods within Chicago. Social disorganization theory was one of the many theories that developed from this ecological thinking. It sought to identify the social problems thatRead MoreFactor Affecting the Presence of Crime in Inner Cities of America788 Words   |  4 Pagessingle theory, it is possible to recognize the characteristics within society that have traditionally been associated with crime. These include poor neighborhoods, weak family structures and high rates of unemployment. However, they cannot be used to explain overarching mechanisms of extremely high rates of American urban crime today. Social structures as well as cultural conditions play strong explanatory roles in describing the causes of crime in American cities. Some prominent social structural