Category: Law 2955

Facts

The petitioners to the case, William and Randal, had a father-son relationship and operated Holdner Farm since 1977. Prior to the formation of the company, William Holdner purchased livestock to start the business. He later purchased property such as the Home place in Oregon, Chapman property for $10,000 and Dutch Caynon property all under his name. The petitioners entered into a verbal agreement for Randal to work in the farm in 1977 though. They shared responsibilities and duties, agreed on financial issues and purchased an insurance policy and property for the farm such as Sattler property in 1984, Ernest property in 1989 and Dike road property in 1989. For the years 2004, 2005 and 2006, the petitioners individually reported one half of the gross income of Holdner Farm. However, they neither filed the Federal Partnership Returns, nor split the expenses on an equal basis. Petitioner William made the most of the deductions of the Holdner farm on his returns for the period. The IRS determined that the farm was either a partnership or a joint venture which would receive similar treatments as a partnership. IRS further established that the petitioners were equal partners and William was held liable for the penalty which was related to the returns. The IRS further made allocations totaling to 100% of the income of the Holdner Farm to the individual petitioners, disallowed for the expenses related to the farm and ascertained the amount of penalties that the petitioners needed to pay. The petitioners sought the review of the determinations made by the respondent.

Issues

The main issue arising from the case was whether the operation of the farm by the Holdners would be considered a partnership or a joint venture for tax purposes for the 2004 to 2006 period. The other issues were whether on determination of the first issue with the Holdner farms as a partnership, the expenses of the partnership would be allocated on an equal basis just as the partnership income. The other issue was whether petitioner William was liable for the penalties.

Analysis

The question regarding the existence of a partnership for tax purposes is based on federal law rather than the local law. Section 7701 (a) (2) provides the definition of a partnership as a syndicate, group, pool, joint venture, or other unincorporated organization, through or by means of which any business, financial operation, or venture is carried on, and which is not a trust or estate or a corporation. In considerations of federal law, a partnership is created when people come together with their skills, property or labor to carry out a business, trade or profession with common interests in the profits and losses made. The petitioners contributed capital and labor for the business. William contributed property he had acquired separately prior to the formation of the business for the use in the Holdner Farm, while Randal contributed labor as a service to the farm. Both petitioners further contributed equally to the acquisition of the joint property for the farm. They also shared equally the income from the farm and the rental buildings. Additionally, Randal did not regard the amount of cash share received as wages or salary. Furthermore William did not prepare a wages tax statement showing that the business was formed for profit-making purposes.

The evaluation of the partnership existence was also based on the Luna v. commissioner case. It was stated that: (1) the parties agreement and conduct in the execution of terms, of which, the petitioners had agreed on the splitting of the income of the farm which they executed; (2) contributions made by each party to the business of which the petitioners contributed capital and services; (3) control of income and individual right in making of withdrawals, in which, both petitioners had an account for the farm and had unlimited access to withdrawal; (4) mutual obligations and loss sharing for the petitioners was not clear; (5) name of the business; (6) the filling of returns and other representation for which the petitioners did not file partnership income returns but filled their representation to the State of Oregon and to the insurer that the farm operated as a partnership business; (7) the maintenance of separate books of which the petitioners operated a separate bank account for the business while William kept the records of the business and (8) regarding the exercise of mutual control and responsibilities of the business in which both petitioners had equal control.

Regarding the equal allocation of expenses, it was determined that according to section 701, the partners in a partnership business are supposed to be taxed on their individual incomes subject to inclusions of gains, losses and other deductions based on agreement or interest basis. On interest, considerations involve: (1) the contribution to the partnership of which the petitioners were not consistent; (2) the interests of the partners in the profits and losses of the business of which the petitioners had equal interests in incomes but varying interest in expenses; (3) the interests of the partners in the cash flows and other contributions of the business of which the petitioners had equal interests in the cash flows and distributions made and (4) on the interests of the parties on liquidation, of which the petitioners never stipulated the manner of interests upon liquidation or the prior death of Randal, but only considered that of William for which Randal would be entitled to full ownership.

Regarding the penalty on William, the commissioner is authorized by section 6662 (a) and (b) to impose a penalty of up to 20% where income tax is substantially understated. The petitioner failed to make reasonable records pertaining to Holdner Farm and this lowered the income tax. This is attributed to negligence attributed to the experience and professional background of accountancy. The issue of concern is whether or not William did the accounting with the aim of lowering the tax payable and increasing the income of Holdner Farm. Additionally, the issue raises the question of the substantiality of the amount of income tax.

Holding

The tax court held that Holdner Farm was a partnership business. It also held that since the partnership was based on profit-making motives and no substantial evidence on the equality, the petitioners had equal interest in the incomes, expenses and other items of the partnership. The tax court also held that on the matter of the accuracy of penalty, although William is liable for 20% of the penalty due to negligence, further findings have to be established on the substantiality of the understatement.

Michael and Claire Smith are the shareholders and directors of Woodcraft Pty Ltd which is the trustee of the Smith Family Trust. The share capital of Woodcraft Pty Ltd is $2.00 divided into two shares of $1.00 each. Michael and Claire each own one share in the company, which has no other assets. The company runs a furniture business on behalf of the trust. According to the trust deed, the trustee is authorized to engage in wholesale and retail trade in furniture of all types, kinds, and nature.

The furniture business is a great success. As a result, Michael and Claire decide to expand. The company orders timber worth $20,000 from Forest Products Pty Ltd. Further, on the advice of their solicitor, a decision is taken to diversify into the horse breeding and real estate businesses. To this end, Michael and Claire, as directors of Woodcraft Pty Ltd, cause it to borrow $500,000 from Eastpak Bank Ltd with which it purchases a stud. The company also borrows a further $2,500,000 from National Finance Ltd and purchases a commercial property.

The horse breeding business proves unsuccessful. Also, the companies hopes of deriving rental income are frustrated when it fails to attract suitable tenants for its property. As the result, the company is unable to pay its debts. The trust has assets worth $5,000 but Michael and Claire have substantial assets. Before approving the loan, Eastpak was advised that Woodcraft was acting as trustee and a copy of the trust deed was duly supplied to the bank.

The personal assets of Micheal and Claire Smith may be used to answer for the debts of Woodcraft Pty Ltd. with respect to the $2,500,000 loan from National Finance Ltd but not the loan from East Pac.

In order to justify this, the character of Woodcraft Pty Ltd. and the Smith Family Trust must first be looked into. Woodcraft Pty Ltd. is a proprietary company as defined in Section 45A(1) of the Corporations Act. This is a form of corporation that has a separate juridical personality from its stockholders or members. Smith Family Trust is trusted as defined by the Trustee Act of 1925. It is an arrangement where the trustees, can exercise legal title over the trusts property for the benefit of the beneficiary. It appears that the Smith Family Trust exists to benefit the Smith Family. Woodcraft Pty Ltd is the trustee of the Smith Family Trust. Woodcraft Pty Ltd. has a fiduciary relationship with the Smith Family Trust which is the true owner as well as beneficial owners of Woodcraft Pty Ltds assets.

Woodcraft Pty Ltd is a form of corporation. One of the most important attributes of a corporation is that it has a separate juridical personality. Even in this case where Micheal and Claire own the entire asset base of Woodcraft both directly, as owners of its only shares, and indirectly, as the beneficiaries of the Smith Family Trust, Woodcraft Pty Ltd retains an entirely separate identity from the Smiths. In the leading case of Salomon vs. Salomon & Co Ltd no less than the House of Lords confirmed that a companys acts were its own and not those of its corporators (Salomon vs. Salomon & Co Ltd [1897] AC 22). This belief of separation is so strong that in the latter case of Bank of Tokyo vs. Karoon that the corporate structure was entirely distinct from the economic realities of its corporators. Hence the general rule is that the Smiths will not incur any liability for the actions of Woodcraft Pty Ltd beyond the amount of their investment, $1 each.

However, it is worth noting that in the Salomon case the court acknowledged that there would be situations where the separate juridical personality could be ignored and the veil of corporate protection can be lifted. Piercing the corporate veil is a recognized doctrine whereby the rights and duties of a corporation are treated as the rights and liabilities of its shareholders. When lifting the corporate veil the court decides to do away with the legal fiction of separate personality and treat the actions of the corporation as if they were the actions of the shareholders or directors. Lifting the corporate veil is not done arbitrarily. It is only when the concept of the separate juridical personality of the corporation is used to defeat public convenience, justify wrong, protect fraud or defend crime will the law regard the corporation as a mere association of persons and lift the so-called corporate veil. In the present case, it appears that Woodcraft Pty Ltd is being used to commit fraud. The trust deed specifically empowers Woodcraft Pty Ltd to engage in the wholesale and retail trade of furniture of all types, kinds, and natures. It is not authorized by the trust deed to diversify into the horse breeding or real estate business. However, since Woodcraft Pty Ltd, as trustee, is not expressly forbidden by the trust instrument it may invest in any form of investment and vary its investment at any time. Since horse breeding and real estate are not the normal business of Woodcraft Pty Ltd it is only required to exercise the care, diligence, and skill that a prudent person would exercise in managing the affairs of other persons (Trustee Act).

This minimal level of diligence is lacking in this case. Woodcraft Pty Ltd is only a modest corporation Woodcraft Pty Ltd has a total capital of only $2 completely owned by the spouses, Micheal and Claire. All the assets and equipment being used are owned by the Smith Family Trust, Woodcraft Pty Ltd is operating these assets as a trustee. There is no way that Woodcraft Pty Ltd could have collateralized the loans totaling $3,000.000 that was made for the expansion into the fields of real estate and horse breeding.

It is apparent that Micheal and Claire are trying to take advantage of the proprietary company character of Woodcraft Pty Ltd to escape liability for the considerable loans they made. There is cause to pierce the veil of corporate protection as there is a patent effort to commit fraud by using a proprietary company with no means of actually repaying the massive loans. While the mere ownership of all or nearly all the capital stock of a company does not necessarily mean it is a mere business conduit of the stockholder, that conclusion is amply justified where it is shown, as in the present case, that the operations of the corporation were tantamount to the operations of the Smith Family Trust. As there is no true separation between Woodcraft Pty Ltd and the Smiths, Micheal and Claire can be made directly liable for the $2,500.000 loan from National Finance Ltd. The couple can not be held liable for the $500,000 loaned by East Pac because in that situation East Pac was well aware that Woodcraft Pty Ltd had no assets to collateralize the loan and since they were provided with records of the Smith Family Trust. They also knew that the Trustor of Woodcraft Pty Ltd had no capability to repay the loan. Hence East Pacs contributory fault denies them the benefits of piercing the corporate veil. Instead, it must content itself with the assets of Woodcraft Pty Ltd and the Smith Family Trust.

References

Laws

Australia (1925) Trustee Act of 1925-14 Sydney, HMSO.

Australia (2006) Companies Act 2006 Sydney, HMSO.

Australia (1963) Partnership Act of 1963 Sydney, HMSO.

Old Chief v. U.S., 117 S. Ct., 644 (1997).

Cases

Salomon vs. Salomon & Co Ltd [1897] AC 22.

Bank of Tokyo vs. Karoon [1986] 3 All ER 468.

Forest fires are an increasingly common environmental problem in various parts of the world. In particular, the Southwest United States suffers from fires that happen by accident and become a regional disaster. Research by private fire investigator Kirk Schmidt seems primitive at first glance, but it hides a full-length deductive process and scientific rationale. Thus, a combination of county and individual efforts helps identify the wildfires cause to inform potential legal claims.

The burnt vegetation and lifeless areas are the aftermaths of devastating wildfires in El Paso district. The correspondent describes the activities of official investigators who work on private property to identify the causes of prior events (Denver7). Grass and trees are parched, but it is material for scientific research. The plot follows Kirk Schmidt, a fire investigator who was hired to gather evidence. The specialist uses yellow, red, blue, and black sprinkler flags to indicate the direction of fire and the degree of incineration. It provides information about the catalyst and the nature of the incident, namely deliberate arson or accident. The researchs final stage is using a metal detector, a magnet, and a manual search for a catalyst such as a cigarette butt. Schmidt is not an authorized adjudicator, but a privately hired specialists status allows for assessing damages and advising on legal claims.

The outbreak of forest fires not only harms the environment but also threatens the destruction of individual property. District specialists conduct a full-scale deductive study of soil and burnt vegetation. However, their efforts are complemented by those of private investigators such as Kirk Schmidt. The man uses flags of different colors, tools for finding metals, and visual exploration of the territory. This approach allows examining the direction vector of the fire and establishing the cause of the flame.

Work Cited

Denver7  The Denver Channel. Investigating a Wildfires Cause & Origin. YouTube, 2013, Web.

Introduction

Labor laws deal with the relationship that exists between various parties which include employers and their unions and employees and employers. These laws are important since they ensure that employees work in a healthy environment and that their rights are respected (Twomey, 2009. p.1). In addition, labor laws enable employers to exercise appropriate powers on the employees. In some cases, employers feel oppressed by some labor laws. For example, the law may require employers to compensate employees or pay their medical bill in the event of the employee having an accident in the course of executing their tasks. On the other hand, trade unions may use political powers to control the employers who feel oppressed and may not be willing to cooperate with the trade unions. Therefore, labor laws are important since they enable the different groups of people in the labor force cope and overcome challenges that exist between them.

History of labor laws

Labor laws have been in existence since 1802.The laws were first established in England with the aim of legalizing some issues related to workers which resulted from integration of laissez-faire policy by organizations. The laws were first applied to children who worked in textile mills. The result was that issues such as health, morals and safety in relation to these children were addressed. Labor laws were also evident in Colonial America where they limited workers abilities to increase their wages.

There are two main types of labor laws which include;

• Collective labor laws
• Individual labor laws

Collective labor laws stipulate the relationship that should exist amongst the employees, employers and unions. On the other hand, individual labor laws deal with employees rights. This means that labor laws mainly deal with issues related to contract of employment. Some of the issues considered include minimum employees age, minimum wage, number of working hours and working conditions (Twomey, 2009, p.45).

Contract of employment

This is one of the labor laws that require both the worker and the employer to agree on their rights and obligations.This law is important in enforcing ones rights in the event of one party breaching the contract or in case of exploitation. This arises from the fact that either party can use the contract to sue the offender in a court of law. The contract details the terms of employment and other working conditions such as minimum wages level, right to holidays, notice of dismissal and job description.

Minimum wages

This law stipulates the minimum amount of money that an employee should receive per hour as their due. Minimum wage varies from one country to another and from one organization to another. The minimum applicable wage should be determined by the market forces (that is demand and supply) in a free market. In United States of America, these laws were introduced for the first time in 1938. One of these laws that have been in effective until the end of July 2009 required that a worker should receive a minimum wage of $7.25 for every working hour (Work World, 2010, 2006, p.1).

Working time

This law stipulates the maximum numbers of hours that an individual should work per day. During the industrial revolution, the people worked for 11-14 hours per day. In United States, an Act on wage level and number of hours stipulated the maximum number of hours that an individual should work. In 1938, the total number of working hours was 44 per week. However, these were reduced in 1950 to forty hours per week (Work World, 2010, 2006, p.1). There are some exceptions with regard to the number of working hours depending on the nature of the job. In some cases, Americans work for long hours than expected due to the financial gains associated. For example, when one works for more hours, they receive overtime payment which is approximately one and a halve times of their normal pay. This is only applicable during the normal working days and excludes weekends, holidays and any other day that the employee is on leave.

Anti-discrimination law

This law protects employees from any form of discrimination irrespective of their race, gender, age, color, religion and national origin. This means that the law advocates equal job opportunities and working conditions for all employees.

Unfair dismissal

According to this law, employees should be given a notice that is void of legitimate motive before termination of their contract or before they are fired.

Health and Safety law

This law ensures that employees health and safety are considered in the course of their employment. In addition, it also explains the compensation that employees should receive incase of sickness or accident.

Child labor laws

These laws were enacted in order to give young people opportunity to work in safe environment that do not affect their health. The laws were also aimed at enforcing childrens rights such as right to education.

Conclusion

From the above study, it is evident that labor laws are very important since they ensure that there are good relationship amongst employees, employers and unions. IN addition, the laws ensure that the employees rights are not compromised. In order to be effective, labor laws deal with issues related to employment contract, minimum wage, working time, discrimination, dismissal amongst others that directly affect employees.

Reference List

Twomey, D. (2009). Labor and employment Laws. New York: Cengage Learning.

Work World. (2010). History of Federal Minimum Wages Rates under the Fair Labor Standards Act, 1938-1996.Virginia: Virginia Commonwealth University. Web.

Parties involved in the case

This case pitted a sitting president against a special prosecutor, who is an officer attached to the attorney generals (AG) office. These events followed the issuance of an indictment against the staff of the White House, citing the desecration of federal statutes by the said members. The prosecutor operates under the AGs office, making him a public servant just like the president.

Facts of the case

The prosecutor filed a suit compelling the production of tapes and documents, which had a direct bearing on the outcome of the court process. This disclosure took place before the commencement of the hearing. The intention was to use them as a backup for the case as per the suit lodged in court. The district courthouse concluded that the material was indeed classified, hence ruling in his favor. This move angered the president, who filed a counter-motion, asking the court to withdraw the case, terming it an in-house conflict. This meant it did not merit a hearing in the court. He also alleged that the judiciary required power to evaluate his execution of power, which they lacked when the incident occurred. The court stood by its earlier verdict as it waited for the outcome of a review from a higher court after the president initiated an appeal. The president and the prosecutor launched further appeals and saw both of them upheld by the court (The Washington Post, 2010).

Legal Issues in the case

Several legal conflicts existed in this case. Foremost, whether the president could be compelled to issue confidential materials was markedly debatable. In some quarters, it was argued that the president was well in his right to hold on to the tapes due to the authority granted to him by the constitution. Proponents also argued that the district court lacked the capacity to issue demands on the president. This prompted the president and his legal representatives to seek refuge through an appeal to the high court. It should be noted that the republic also lodged an appeal to the high court.

On the other hand, it was argued that the presidents decision was out of order. This is partly attributed to the possibility that the said tapes would influence the conclusion of the legal tussle. It was also brought to the courts attention, that the tapes had no bearing on national security; hence, no legal provision supported the presidents decision to hold on to them. The court upheld the confidentiality of the material by calling for a private session in which the material was to be scrutinized (Justia, 1974).

Another legal issue manifested in the debate is the conflict between the president and the prosecutor. Mr. Nixon objected to the suit, arguing that the conflict was in-house and did not meet the threshold for jurisprudence. This was treated as a mere assertion, leading to its dismissal in line with the applicable judicial precedent. It is noteworthy, that the prosecutor is empowered, by the AG, to act against executive orders in the course of discharging his duties as long as regulations remain enforced. One can; therefore, conclude that the prosecutor was well in his right to seek specified evidence that was deemed pertinent; hence, applicable in the hearing. The courts decision in favor of the prosecutors plea confirms that he submitted concrete facts in the build-up to his case (Justia, 1974).

Courts decision

The court chose to grant the prosecutors demands. This meant the president would be compelled to make public the contents of the secret recordings in his custody. This is because the mere presence of a presidential decree without the need to maintain the secrecy of top-level communication does not suffice an absolute presidential decree of exemption from legal processes. This was also supported by the legal stipulations that messages from the president were not compromised in case they were used privately in the course of criminal prosecutions.

Majority opinion

When the question was posed to determine whether the president was in order to use executive privilege in a bid to evade the subpoena lodged against him, the vote was a resounding no. The justices argued that this license did not cover matters concerning the armed forces, and diplomatic dealings. He; therefore, was required to honor the subpoena and release the tapes, their corresponding blueprints, and all documents that are pertinent to the case (Oyez, 1974).

Significance of the case

This case prompted Congress to investigate and subsequently restructure the powers vested in the presidency. The fact that Nixon and his associates were trained attorneys instigated the restructuring of admission and regulation procedures. The authorities enforced changes, which implied that the profession would retain its autonomy only if practitioners maintain discipline.

The ruling

I think that the courthouse discharged its responsibility competently. In other nations, the executive would have suppressed these happenings thus perpetuating impunity. This set a benchmark, which is a splendid example for developing and mature democracies to emulate. In addition, justice was served to the democrats who were targeted in the attack. Most importantly, a sitting president paid the price for his misdeeds, setting an exemplary precedent for his successor and general posterity.

References

Justia. (1974). Certiorari before judgment to the United States court of appeals for the district of Columbia circuit. Web.

The Washington Post. (2010). The Government Acts. The Washington Post. 

Oyez. (1974). United States v. Nixon. Web.

Introduction

A threat is a vowed determination or intent to hurt or injure someone at the present or in the future. Under the criminal code, it is an offense to knowingly utter a threat to cause bodily harm to a person (Decker, 1998). It also includes; threatening someone, torching ones property, causing destruction of ones property, murdering someone, and intoxicating or even causing harm to a persons animal or bird.

Most dangerous threats

Bomb threats are the most dangerous threats. It is either in form of an oral or written down threat that is made to cause destruction of property or bring about injuries regardless of whether the gadget exists or not. Potential bomb incidents pose a threat to customers, employees, assets, and generally everybody causing a lot of anxiety (Decker, 1998). Most of the bomb threats are made over the phones. Most of the bombs are imprecise as to where they are projected to blow up; most of these bomb threats are not high jinks and are mostly part of lesser crimes as extortion, torching of ones property and burglary. The malicious actual bombings for mass destruction of property, terrorism and murder occur without any warning leaving alone threat (NYSED.gov, 2008).

Knowing the context of the threat helps you to predict the dangers if its a threat done personally, over the phone or on the internet depending on the type of threat. The decision to evacuate or not evacuate a threatened building is controlled by the local authority or bomb disposal experts.

Why do people make threats

It is illegal to threaten, harass, and intimidate other people despite whether the threats are via phone, mail, and internet or delivered in person (NYSED.gov, 2008). Often, we hear about threats of bombing, cases of food poisoning and terrorist attacks but we should ask ourselves why all these threats. It would be more effective to carry out violent acts without warning but still people pose threats. Sending out threats in advance leads to disaster preparedness hence measures are put in place to evade the harm posed.

If anyone really wants to harm people, he doesnt have to warn them in advance, some of the threats posed are to scare people but they should not be taken for granted.

What to do when threatened

When you are threatened either in person or via phone you should immediately file a police report and get a restraining or protective order from a judge. After reporting someone needs to protect him/ herself since protection is critical.

The first step is to be calm and not emotional. This enables you to handle things soberly and avoids rash decisions.

Avoid being home alone and change your routine if possible. Keep all your doors and windows closed and dont open the door for anyone you do not recognize their voice, if they claim to be police or FBI tell them to show their budges through the peephole and if youre not sure ask them from which office they come from and call the office but dont use a number they give you.

Direction can be distorted from the bank; the stores, offices or other places that are visited frequently. Children should not be left without proper care or supervision.

Be aware of the surroundings of your environment always. If you notice something weird get into the nearest building and wait a while before taking another exit from the building as a way to make you unpredictable as possible.

Cars should be parked near your building; alternatively, drive till your find security a escort. If you dont cant get anyone rush quickly back to the car and close the doors. While at home make sure that at night you keep your shades drawn and make sure that all your security lights are on.

Conditional threat

This is the use of conditional language in a threat. A conditional threat is one that someone gives you instructions on what to do. A good example of a conditional threat is blackmail; this is where one says if you dont do this, I will do this.

References

Decker, R. R. (1998). Bomb Threat Management and Policy. New Orleans: Butterworth Heinemann.

NYSED.gov. (2008). School bomb threats are felony. Web.

The false accusation by the security guard relates to the tort of defamation of character. False imprisonment arising from Paula being detained unwillingly will be classified as an intentional tort while the action by Geoffrey will fall under the tort of negligence. In the event of false imprisonment, there are elements under this tort that need to be considered:

• There was a deliberate incarceration of the defendant.
• The incarceration was without consent from the plaintiff.
• The detention must have been unlawful.

The security guard detained Paula deliberately without her consent, hence violating the stipulations under false imprisonment. She was detained within a reasonable time (a little over an hour), and the fact that she could leave the room irrespective of the guards decree means that the case against Cash Mart with reference to intentional tort cannot be admissible in court. This is because these two grounds act as exceptions when considering a case under the intentional tort.

Negligence typically occurs when an individual fails to avoid inflicting damage or harm on another individual; it applies to both businesses and people. On the other hand, defamation relates to a false statement made by someone about another individual, which is often presented as a declaration of fact. It also damages ones professional or personal reputation or causes another harm, for instance, emotional distress and financial loss. These two legitimate claims are perceived as damaging, and their pertinent consequences are well-established in legal statutes under the human rights section.

As indicated earlier, defamation involves an utterance that harms the reputation of a third party; it incorporates both spoken statements (slander) and written declarations (libel). A plaintiff should demonstrate four primary elements to indicate prima facie traducements. These elements include:

• An incorrect utterance claiming to be true.
• Communication or publication of that affirmation to a third party.
• A fault that amounts to negligence.
• Harm or some damage caused to an entity or individual who is the statement subject.

As indicated in the case study, the security guard made a false accusation against Paula (shoplifting) and conveyed the allegation to a third party. However, there is no vivid proof of negligence or harm caused to the plaintiff following the fallacious accusation.

Elements of negligence include: 1. Duty: it entails the capacity to demonstrate that the accused owed the plaintiff an obligation of care, rather than causing pain. 2. Cause-in-fact: it involves the capability to demonstrate an interconnection between the remiss act which occurred and the adverse impact suffered by the accuser. 3. Proximate cause: it is the capacity to establish evidence of a direct connection between a careless action and the damage emanating from the action. 4. Harm: it is the capability to demonstrate that one endured a loss or injuries due to another individuals negligence. 5. Breach: it involves providing proof of the infringement of a standard of care, which caused damage to the accuser or a person close to them.

Geoffrey is liable for the offense; he was obligated to avoid causing harm by restricting his golf course perimeter to his background. Paula suffered an injury due to Geoffreys negligence exhibited by him failing to consider the fact that he lived next to a public place, and his actions could harm shoppers. A direct link exists between the accuseds careless act and the injury triggered by his deed. The defendant also breached the municipal code that proscribes swinging, practicing, or playing golf around constrained areas.

If Paula decides to file a negligence claim against Geoffrey, she will do so in a civil court. This is because Geoffreys conduct falls short of how a reasonable person would act in a similar scenario. His behavior also cannot be considered an irrational retreat from how a reasonable person would have acted. It might be deemed a one-time act of negligence, as Geoffrey could have strayed from the norm in this one instance.

A civil court is designated to review and resolve differences that arise when private individuals can no longer agree independently. It handles cases such as adoptions and divorces and those involving personal injuries and conflicts between businesses and individuals. On the other hand, criminal courts are designed to dictate whether an individual violated the law, thereby causing damages or endangering others or their property, and if that is the case, be punished. They usually handle such offenses as murder, fraud, burglary, and robbery.

The author of the prompt presents important data about the criminal situation in the Tallahassee campus of Florida State University and George Mason University. The prompt depicts astonishing criminal rates in the Tallahassee campus, stating that violent crimes occurred three times more often in Tallahassee than at George Mason University, and property crimes occurred five times more often. The prompt also says that 44 burglary cases were reported at the Tallahassee campus and mentions that larceny theft occurred more frequently at the Tallahassee campus.

This information is valid since it corresponds to the numbers presented in the FBIs statistical reports. I assume it should also be emphasized that, fortunately, there were no registered cases of manslaughter in both universities and that there were 5 and 4 documented cases of rape. Besides, it should be said that at the Tallahassee campus happened 37 motor-vehicle thefts compared to zero cases at George Mason University. I would also add that the Tallahassee campus survived one arson.

The author of the prompt mentioned that, since the information presented describes the student enrollment numbers of the 2017 academic year, statistics are less valid. Im afraid I have to disagree since this is a common situation when statistics present the data reflecting previous years tendencies. Besides, I am sure that even if student enrollment numbers changed, this would hardly influence the general situation with crime rates in both universities. At the same time, I must admit that the author made a reasonable decision to compare the crime statistics of universities with close numbers of student enrollment. In general, this response deserves particular attention since it represents valuable information about desperately high crime rates in the Tallahassee campus.

References

Florida offenses known to law enforcement by university and college. (2018). Web.

Virginia offenses known to law enforcement by university and college. (2018). Web.

Introduction

Selling human organs is unethical; they cannot be placed on par with other goods, they say. Now, is it ethical that seventeen people die every day waiting for an organ transplant? (Health Resources & Services Administration). For millions of people with serious illnesses, modern transplantation allowed prolonging life. However, it also gave rise to several new difficult moral, legal, and social issues. Transplant medicine for the past quarter of a century is facing a major concern of donor organ shortage. The legalization of organ sales is probably the only decision that will eliminate the corruption that has led to illegal organ trade, benefit the economy, and ultimately save more lives.

Main text

There are currently two official channels for obtaining organs and tissues for transplant: free-consent receipt from the living patient; or removal of organs from deceased people. Society is still avoiding accepting the human body as a commercial product. It is stated officially that donors should not benefit financially from the donation (Crepelle, 2016). A third channel is also possible  the sale of organs for transplantation by living people. However, trafficking in human organs is strictly prohibited by the World Health Organization (WHO) and the criminal codes of all developed countries (Gonzalez et al., 2020). The exception is Iran, where trade in organs is not criminalized. Due to the legislation, the country filled the need for vital body parts. Considering this example, the legal market for human organs must exist to save human lives.

Three main factors exist that the regulated organ market has the potential to benefit the countrys economy. The primary one is that the black market thrives despite being illegal, and the prospects of eliminating it are vague. The Global Financial Integrity report shows that the percent of operations with illicitly acquired organs approached 10% of transplants worldwide (Kar & Spanjers, 2016, p. 29). Nevertheless, legal marketing might end this monopoly, as the funds will be allocated to government and medical facilities instead of organ brokers. Moreover, the financial reward will create the necessary incentives for people who hesitate to decide which the lives of others depend on.

One more outcome is the increased financial aid to hospitals. In the case of a kidney transplant, money saved on dialysis due to timely transplants might finance other operations in hospitals (Crepelle, 2016). As a result, market competition will spur manufacturers of medical equipment to innovate to ensure transportation and organ transplants (Cherry, 2016). Thus, the transplantation sphere will grow and prosper, which, in turn, creates a need for competent medical staff, allowing more medical jobs. Consequently, adopting a legal market strategy will help the federal budget and dent the economy of an alternative, illegal market.

Establishing a market for organs nowadays is the subject of controversy. It is feared that new regulations can lead to the fact that a person, solely for reasons of personal profit, will reject his body parts for money (Cherry, 2016). The factor is proved by the cases from Iran, India, and Pakistan, where the vast majority of organ donors are the underprivileged (Moniruzzaman, 2018). This is a moral issue that applies to the entire donation system. Notwithstanding, the opportunity to fulfill organ shortage cannot be banned merely for the fact that poor people are willing to donate. Kuenzli (2018) argues that some risky employment options as coal mining or other trades are primarily done by impoverished people who are not condemned for this (p. 135). Besides, there is no proof that the argument is practically applicable to developed countries.

Today, rich people are ready to finance the black market and acquire organs, desperately trying to save their lives. In this matter, some scholars believe that regulation can be a key to the issue (Kuenzli, 2018). People with resources should be lawfully allowed to obtain and donate organs. Kuenzli (2018) adds that the open market principles should dominate in this case, where the individuals are not forced into the deal and offer organs willingly. Consequently, the organs will be healthier, for official medical facilities will be responsible for the operations, which enables them to acquire suitable and healthy organs for every individual case. Statistics show that illegal operations cause more severe complications, with overall mortality equaling almost 30% worldwide (Kar & Spanjers, 2016, p. 29). However, according to the Health Resources & Services Administration (2020), 92% of patients survive after a legal transplant from a living person. Thus, sound, newly procured organs can guarantee higher survival rates and longer lives for a transplant patient.

There are always more patients in need of transplantation than there are available organs. As a result, the waiting list for surgery increases, and patients await a transplant for five to six years (Health Resources & Services Administration, 2020). Without a private donor, states Cherry (2016), such patients are doomed to die. Market legalization could solve these problems. The first consequence is that there will be strong incentives for people to sell their organs not only in emergencies and extreme cases related to the issue of life and death.

Second, as the demand for donor material will be gradually satisfied, real opportunities appear for people on a waiting list to get the operation without delays fraught with life-threatening. In the United States alone, about six thousand people who did not have a chance to wait for a transplant operation of human organs die every year (Health Resources & Services Administration, 2020). Another nine thousand deceased after they were excluded from the waiting list due to being too sick to undergo the procedure (Cherry, 2016). Finally, there will be improved access to vital organs, which contributes to equity in society. Therefore, regardless of social status, both the poor and the rich will acquire the opportunity to save their lives.

Conclusion

To conclude, human life is more complicated than any theorizing and modeling. There is a strong possibility that forming an open market for human organs will increase their availability, help save lives, and control medical costs. It is also a more honest and moral act in matters of organ transplantation to patients in need. Social benefits from the resolute decision to legalize trading organs might outweigh all the possible costs. Everything possible should be done when human lives are at issue. Technology and science achievements may contribute to human survival on the planet by harvesting all the vital human parts in the future. However, now, humanity more than ever needs to unite and show sympathy, compassion, and love for its neighbor. If the financial reward is needed to attract attention to the life-saving issue, the world can get it.

References

Cherry, M. J. (2016). Kidney for sale by owner/: human organs, transplantation, and the market. Georgetown University Press.

Crepelle, A. (2016). A market for human organs: An ethical solution to the organ shortage. Indiana Health Law Review, 13(1), 1-17. Web.

Gonzalez, J., Garijo, I., & Sanchez, A. (2020). Organ Trafficking and Migration: A Bibliometric Analysis of an Untold Story. International Journal of Environmental Research and Public Health, 17(9), 1-11. Web.

Health Resources & Services Administration (2020). Organ Donation Statistics. Organdonor.Gov. Web.

Kar, D., & Spanjers, J. (2016). Transnational Crime and the Developing World. Global Financial Integrity. Web.

Kuenzli, K. D. (2018). Is Your Kidney for Sale? An Economic and Policy Perspective on the Legalization of a Living Kidney Vendor Program in the United States. Journal of Law and Commerce, 36(2), 131156. Web.

Moniruzzaman, M. (2018). Against a regulated market in human organs: Ethical arguments and ethnographic insights from the organ trade in Bangladesh. Human Organization, 77(4), 323-331. Web.

Introduction

In the United States of America, criminal cases are always handled by the judicial system which follows an elaborate process governed by criminal procedures. Criminal procedure is mainly concerned with the rules and guidelines that govern several legal proceedings which enables the government to effectively enforce the set rules (Ede, 2002). Even though criminal cases are always handled differently, there are some common legal channels or steps that apply to all of them. The following are the steps.

Stages of a Criminal Trial

Arrest Stage

The first step is the arrest stage. An arrest refers to a situation whereby a person is brought under the custody of police officers (Welsh, 2003). A person who has been arrested is quarantined. In the process of arresting somebody, the police do not have to use force or even handcuffs, unless the suspect tries to resist the arrest (Schamalleger, 2008). An arrest can be made if a police officer finds somebody committing an offense. Apart from this if a police officer has some information and evidence that somebody has done something that warrants an arrest then he can arrest the person (Wellman, 2010).

Booking and Bail

The second stage is called booking and bail. At this stage, information is collected from the suspect. This information is always used for the legal process. The information collected includes the details of the offense and the personal details of the suspect. A date is then set when the accused will be arraigned in court (Welsh, 2003). During the arraignment stage, the accused appears in court and enters a not guilty or guilty plea (Ede, 2002). If the accused pleas that he or she is not guilty, a trial date will be set (Ede, 2002). Another important process at this stage is the setting of bail. The suspect can be allowed to go back to his residence after paying bail, which is always in form of money. The amount paid for bail is dictated by the degree of the crime. In some circumstances, the bail is revoked and some people are always locked in until the day of trial (Wellman, 2010).

Preliminary trial

A preliminary trial always precedes the main trial. The judge who handles the preliminary trial can decide whether a person should be tried or not (Schamalleger, 2008). For a case to proceed to the main trial, the prosecutors have to give the judge the necessary information and evidence that will be used against the suspected criminal (Welsh, 2003). If they fail to do so the case can be terminated and another channel can be used to discipline the suspect. For example, he or she can be put be put on probation for some time (Wellman, 2010).

Main Trial

After this, we always have the main trial. In this process, the suspect is thoroughly scrutinized for the jury to find his arguments about the case. A trial is the governments opportunity to argue its case, in the hope of obtaining a guilty verdict and a conviction of the defendant (Welsh, 2003). If the suspect cannot provide enough evidence then he is automatically declared guilty and he will be sentenced (Wellman, 2010).

The Sentencing Stage

After a person is convicted of a crime, whether through a guilty plea, plea bargain, or jury verdict, the appropriate legal punishment is determined at the sentencing phase (Ede, 2002). There are so many punishments that can be used to discipline the person who has been sentenced. This includes imprisonment, the person may be asked to pay a fine, or if it is an offense relating to abuse of drugs he can be rehabilitated. There are set guidelines that are usually referred to by the jury when they give charges. This enables them to give commensurate penalties to the convicts depending on the level of the offense. For example, they find out whether he or she had been found in criminal activity before (Schamalleger, 2008). Secondly, they can assess his social status. In addition to these, they also consider the nature of the crime, how it was committed, and the impact on victims, i.e. whether injuries resulted (Wellman, 2010). In some situations, an appeal can be given to the person found guilty. For example, if there is fresh evidence and also if it has been realized that some mistakes occurred in the process of dispensing the charges (Ede, 2002).

An Example of a Criminal Case

In the year 2008, a drug baron was arrested in New York by detectives while he was ferrying drugs to one of his hideouts in the city. The detectives had been pursuing him for quite some time and when they finally tracked him down he was charged with the following offenses. The case went through the normal procedures as discussed above and upon reaching the sentencing stage it was handled this way. He was tried and since there was tangible evidence he could not defend himself. When the jury scrutinized his past criminal documents it was found that he had ones engaged in an armed robbery. He had also been found guilty of possessing crude weapons and a rifle. Owing to the several offenses that he was found guilty of, he was subjected to life imprisonment. He tried to seek an appeal but it was not granted to him owing to the degree of his crime.

Conclusion

From the above analysis, it is very clear that the manner criminal procedures are governed is guided by the judicial principles and laws (Wellman, 2010). It is also important for the citizens to know the legal framework so that they can effectively pursue cases in a better way (Schamalleger, 2008).

References

Ede, R. (2002). Criminal defence:good practice in the criminal courts. New York: Law Society.

Schamalleger, F. (2008). Criminal justice today: an introductory text for the 21st century. New York: Prentice Hall.

Wellman, F. (2010). The art of cross examination; with the cross- examination of important witnesses in some celebrated cases. Washington D.C: Wiley.

Welsh, J. (2003). Advocacy in the magistrates courts. Chicago: Routledge-Cavendish.