1)
Criminal Law is where it is The State you committed
the crime in or being accused of committing the crime in V. You. For example,
The People of New York V. Plaxico Buress. Tort Law is the civil part of
criminal acts. Where it’s a person v. person. Although OJ Simpson was found not
guilty of killing his ex wife and her fiancé. He lost the civil suit in which
he was being sued for wrongful death.
2)
Strict liability is where someone is guilty for
someone else’s injury, regardless if it was a negligent act or not. The person
could have gone out of their way to make sure everything was safe but they
still got hurt. Negligence is where someone was negligent and someone else got
hurt. Like a store employee left a spill in the aisle after seeing it and
someone fell and hurt themselves.
3)
It means that because the store clerk left the
wet floor and did not clean it up, it made another person slip on it and hurt
themselves. Basically because of one act another one happened.
4)
Causation is the relationship between someone’s
conduct and a result.
5)
I agree with the Court’s decision in the case,
because it was fisher’s first action which caused the rest to happen. Like the
Snow Ball effect.
6)
I agree with the ruling because they should not
be responsible for a third parties action. They were injured because of someone else not the LIRR.
Ad 1) Instead of stating “crime in V.” you should state what that means.
ReplyDeleteAd 2) You should not use the term to be explained in your explanation. What does it mean when someone is negligent?
ad 3) and 4) Note that there is a difference between causation (cause and effect) and legal causation.
Ad 5) and 6) Why do you agree with Lynch v. Fisher and Palsgraf v. LIRR? Though these two cases seem to be very similar, Fisher was found liable but the LIRR was not liable. Just like the driver of the Fisher trucking company set a series of events into motion that ultimately led to the injury, so did the employee of the LIRR. Reversely, one can argue that Fisher’s driver did not cause the accident, but the other speeding car or the person who fired the gun. So what is similar and different between these two cases?