The negligence was certainly made by the driver , but in what capacity. Proximate: This form of negligence requires foreseeability of what happened Causation: The basis upon which a lawsuit may be brought to the court Negligence: would be carelessness except the following did occur: The tortfeasor was under a duty to use due care. The tortfeasor breached that duty of due care. The tortfeasor’s act was the actual cause of injuries or damages. The tortfeasor’s act was the proximate cause of injuries or damages.
University of Phoenix Material: Robin Mravik Ethical Dilemma Worksheet Incident Review 1. What is the ethical issue or problem? Identify the issue succinctly. | The law enforcement officials did suspect that the individual was driving under the influence and thus becoming a risk to himself and everyone else around him. Before the law enforcement officer can make an arrest there has to be a clear sign of probable cause if an officer neglects to find probable cause before arresting the individual when the trial comes along, the case will be dismissed in court and the offender will walk away free.
The fact is that there were several cars involved which means a large number of witnesses. The reality is that more than one person saw the accident the way that it actually happened and will be able to say that Jackson is the one that caused it, not the woman. Even if this were not the case Jackson has a moral obligation to step forward and say that he caused the accident. Moral reasoning involves “reasoning from moral rules, principles, or standards and resolving conflicts among them, thereby placing limits on what one may do with a clear conscience (Barnet & Bedau 399). In other words does the decision you are making go against your own morals, principles, or standards.
Kaplan University Different forms of Patient Consent “The Standard of Care refers to the degree of attentiveness, caution and prudence that a reasonable person in the circumstances would exercise. Failure to meet the standard is negligence, and the person who fails to meet the standard is liable for any damages caused by such negligence” (Standard of Care Law & Legal Definition) (2014). In Sandra’s case the appropriate Standard of Care is determined by her symptoms and mental state of mind. The correct Standard of Care is also taken into consideration in ways that other experts would agree most appropriate in her situation. If something was to happen and it lead to a malpractice lawsuit the lawyer of the physician would want to prove
Was the “pat-down” of the driver legal? Yes, Officer Smith had a legal right to request the driver out of the vehicle for a pat-down. In the case of Terry v. Ohio, the Supreme Court discussed the requirement of dealing with armed and dangerous individuals. The court stated that an officer does not need probable cause to arrest in order to conduct a reasonable search for weapons as long as the suspicion is developed by factual information. In this fact pattern, Officer Smith acted on facts that a car matching the description of the automobile current pulled over of possibly being involved in a previous case involving a fellow officer murdered on the road side.
The defendant was charged with failing to pay traffic fines before the due date. Hobbs was initially fined with two counts of traffic related offences. The first was for exceeding the speed limit, with a recorded speed of 20-30 km/h over the speed limit and the second was for failing to obey traffic light signals at an intersection. The prosecutor stated that, according to s.92 ss. (1) of the Criminal Code Act 1995 (Qld), the duty of persons in charge of dangerous things; if a person is in charge of a dangerous thing, the person must use reasonable care and take reasonable precautions in its use or management to avoid danger to anyone else’s life, health or safety.
Sitz has to do with the police having the right to have checkpoints to catch people drinking and driving. The court reasoned that checkpoints are designed to eliminate immediate hazards posed by intoxicated drivers. This ruling may not seem substantially important to policing at first glance, but I feel keeping the public safe is a top priority for the police. These checkpoints enable the police to temporarily detain people who are, at that moment, a very serious threat to the public. The checkpoints have probably saved thousands of lives and this would not be possible if the police could only check for intoxication after someone has violated the law.
If a person says that they did not mean to hurt anyone when they drink and drive, I still take it as they did mean to do it. Losing a loved one to an accident that could not have been prevented and was not someone else's fault is hard to deal with, but at least the family would have a sense of peace and would not be living their lives with a hating and blameful heart towards another individual. However, losing a loved one to an impaired driver is different. This accident is another person's fault because that person made a conscious decision that resulted in the taking on another's life and the pain and suffering of their loved ones. Everyone knows that drunk driving is wrong and against the law.
We figured out that if a Tourette’s attack happens it, could cause a wreck, where one does not have the disorder it would seem stupid to feel this way. We established safety was more important than the chance of hurting oneself or another. In choosing a career path we both chose our paths for different reasons. Our paths are social work and forensic profiling. We chose our paths based on our desires to help people.
The reason is that, everything that has an effect toward your partner has to be done carefully and smoothly to avoid any harm on the other side. Driving, as a contradiction of what most of the people think driving is, it is a very dangerous and risky thing ever. Not only because it is performed with mechanical equipment which has no total insurance of delivering whatever is needed anytime, but also performed with a human who is more fragile and has much in his head. While driving, you have two things in your hands, your life and the life of others who are using either the same road or its side. Anytime you make a mistake it can affect your life and their lives too.