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Week 02 Discussion - Cyber Crime and Civil Liberties: Is it possible to control cyber crime without some degree of restriction on traditional civil liberties? Week 02 Individual Assignment - Tort...

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Week 02 Discussion - Cyber Crime and Civil Liberties:
Is it possible to control cyber crime without some degree of restriction on traditional civil liberties?

Week 02 Individual Assignment - Tort Reform:
The following is a written assignment based upon the two attached articles. Your completed assignment should be 3-4 pages, double-spaced with all citations properly footnoted.
These articles have opposing views of the movement known as "tort reform". Summarize the respective positions and their strength and weakness. Has anything in the material changed your perception of tort reform?
The Right Wing's Drive for 'Tort Reform'
http:
www.thenation.com/article
ight-wings-drive-tort-reform
By Dan Zegart
October 25, 2004
The Nation
Tort Reform
http:
www.newsbatch.com/tort.htm
Updated May 2006
Your Internet Guide to an Understanding of Policy Issues

The Judiciary’s Role in American Government
Chapter 6 Overview
Basic Tort Concepts
Product Liability
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Basis and Purpose of Tort Law
A tort is a private, civil legal action to obtain monetary damages from a legal injury a person or property.
Damages Available:
Compensatory Damages: actual losses. Puts plaintiff in position he would have been in if the tort had not occu
ed. Special Damages: quantifiable such as lost wages, medical bills. General Damages: nonmonetary losses such as pain and suffering.
Punitive Damages: punish wrongdoer or outrageous conduct exemplary damages.
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Classification of Torts
Intentional.
Unintentional (negligence-no fault).
Strict Liability (absolute liability).
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Defamation: Publication of a false statement (oral or written) that injures a person’s good reputation.
Fact or Opinion?? Opinions are free speech and generally not actionable.
Slander is oral, Libel is written. Statements made on the internet may be libel.
Defamation
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Publication Requirement: third party must hear or see statement. An individual who re-publishes the statement may be liable.
Defamation – Damages
Libel Damages: presumed as a matter of law. Plaintiff need not prove she was actually injured. Reason: libel is “permanent” and continues to harm after statement made.
Defamation
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Defamation Defenses.
Truth is an absolute defense.
Statement was Privileged:
Absolute: judicial and legislative proceedings. P.144
Public Figures: plaintiff must show statement made with “actual malice.” p.144
Defamation
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Person has the right to solitude. Breach of that duty is a tort.
Intrusion into private affairs or seclusion.
False Light.
Public disclosure of private facts.
Invasion of the Right to Privacy
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Appropriation
Use of another person’s name, likeness or other identifying characteristic, without permission, with benefit to user.
Degree of Likeness is distinguished by different courts.
Right of Publicity as a property right: focuses on commercial exploitation of likeness
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Fraudulent (Intentional) Misrepresentation.
Intentional deception of another that causes belief in a condition that is different from the condition that already exists.
Knowing misrepresentation of fact.
Intent to induce innocent party to rely.
Justifiable reliance by innocent party.
Causation and Damages.
Contrast: “puffery” which is not considered misrepresentation.
Fraudulent Misrepresentation
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Wrongful Interference with Contracts.
Valid, enforceable contract exists between two parties.
Third party knows about contract.
Third party intentionally causes either party to
each the original contract.
Wrongful Interference
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Wrongful Interference with Business Relationship.
Distinguish competition vs. predatory behavior. Predatory behavior is unlawfully driving competitors out of market.
To prevail, Plaintiff must show Defendant targeted only Plaintiff’s customers and product.
Defenses to Wrongful Interference: Interference was justified or permissible (bona fide competitive behavior).
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Unintentional Torts (Negligence)
Negligence occurs when plaintiff is legally injured due to defendant’s failure to live up to a reasonable standard of care causing foreseeable risk of injury.
Analysis:
Did defendant owe plaintiff a legal duty of care?
Did defendant
each that duty?
Did plaintiff suffer a legal injury?
Did defendant’s
each of duty cause plaintiff’s injury?
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Negligence: Duty of Care and Breach
Duty is based on reasonable person standard.
How would a reasonable person have acted under the circumstances?
Duty of Landowners: Warn Business Invitees of risks, and keep common areas safe. Exception: Obvious risks.
Duty of Professionals to clients (attorneys, CPA’s, doctors).
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Defenses to Negligence
Assumption of the Risk.
Not applied in emergency situations.
Superseding Cause.
Event must be unforeseeable.
Contributory Negligence (few jurisdictions).
Comparative Negligence (more common).
As long as Plaintiff is less than 50% at fault he can recover a pro-rata share of the verdict.
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Strict Liability
Liability without fault.
Courts apply strict liability based on activities involving extreme risk of injury. Applications include:
Blasting.
Dangerous Animals.
Product Liability 
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Product Liability Based on Negligence
Manufacturers, sellers and lessors of goods can be liable for a defective good that causes injury.
Due Care: manufacturers must exercise due care in designing the product, selecting materials, production process, assembly, providing adequate warning labels. Adequate warning labels for ordinary person.
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Strict Product Liability
and Public Policy
Liability without regard to fault or standard of care.
Injured party can be 3rd party (not the buyer).
Assumption that:
Consumers should be protected against unsafe products.
Manufacturers and distributors should not escape liability for defective products, and
Manufacturers and sellers are in a better position to bear the costs of injury.
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Requirements for Strict Liability
Plaintiff must incur injury to self or property by use or consumption of the product
Defective condition must be cause
Goods have not substantially changed from time of sale.
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Defenses to Product Liability
Assumption of Risk.
Product Misuse.
Severely limited.
Comparative Negligence (Fault).
Commonly Known Dangers.
Sharp knives and guns.
Knowledgeable User Defense.
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Answered Same Day Dec 20, 2021

Solution

David answered on Dec 20 2021
122 Votes
Running Head: BUSINESS LAW DISCUSSION AND INDIVIDUAL ASSIGNMENT
PAGE
2
Business Law Discussion and Individual Assignment
Running Head: BUSINESS LAW DISCUSSION AND INDIVIDUAL ASSIGNMENT
Business Law Discussion and Individual Assignment
Name
Institution
Assignment One
Business Law Discussion
Cyber Crime and Traditional Civil Liberties
Cyber remains as one of the areas in which crime continues to grow. More and more individuals continue to exploit the convenience, speed, and secrecy offered by modern technologies in order to engage in extensive criminal activities. Criminal activities include identity theft, attacks against computer systems and data, internet auction fraud, distribution of child sexual abuse images, deployment of viruses, penetration of online financial services, and email scams. It is evident that the global nature of internet allows criminals to engage in almost any illegal activity at any place in the world, a factor that has necessitated all countries to change their domestic offline controls to include criminal coverage ca
ied out in cyberspaces. In particular, this move is initiated by the mission to minimise te
orists who use internet to recruit and incite te
or activities that pose a severe threat to international and traditional security. But the question remains, is it possible to realise cyber crime control without imposing some degree of restriction on traditional civil liberties?
Traditional civil liberties refer to domestic rights of freedom that protect a person from his or her government in a country of residence. Civil liberties outline the limit beyond which a government is not to exceed when exercising power so that the law cannot abuse individual power and interfere unjustifiably with private citizen’s lives. Civil liberties include freedom of religion, the rights of people, freedom of speech, the right to a trial, the right to privacy, the right to due process, and the right to own property. These freedom and rights are what poses a challenge to the desire of controlling cyber crime. Individual tend to believe that the government has no power to ignore their existing freedoms and rights in the face of an introduction of new technology.
It is evident that cyber crime cannot be controlled without imposing some degree of restriction on traditional liberties. This is based on the fact that the government and other legal punitive organizations believes they have unlimited power to search, intercept, and block any communications without wa
ant if such communications are conducted over the internet. For instance, media companies, in their dream of preventing piracy of their products, they ignore the rights of individuals to a fair trial and proceed straight to the punishment phase. The media companies believe that it is ethical to threaten an individual with disconnection from the internet rather than ba
ing them from writing, reading, and participating in societal activities.
Authority believes that human rights cannot be protected without active enforcement of rules of conduct on individual members of a society to protect the interest of society at large. It is believed that the unavoidable consequence of violating civil liberties is deterioration of code of conduct and peace in a society. It is noted that the differences in domestic rules and values has permitted misuse of systems put up for tracking, preventing, and punishing cyber crimes. For instance, unwa
anted surveillance has proved a real threat to civil liberty especially in countries where little attention is put on human right and freedom. Such countries have devised international corporations that crack or hike unauthorised or criminal persons that indulge in cyber crimes.
It is also noted that individual privacy is often interfered with when cyber crime is controlled. For instance, commercial exploitation of individual data without permission proves to be distorting the individual right to privacy. But unless this move is undertaken, cyber crime control cannot be realised. If civil liberty is not interfered with to some degree, the enforcement of cyber crime control initiatives will raise issues concerning desirable versus...
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