Overview of Rule of Law

Overview of Rule of Law

Topic #1: Define the term “law.” What are the sources of law?

Law can be defined as rules that are recognized in a country as regulating the behaviors of the people by imposing punishment or penalties to those who break them. Sources of law include a nation’s constitution, custom law, case laws, statute laws, and administrative regulations (Law, 2018) Overview of Rule of Law.

Topic #2: Define the legal term “precedent.” Discuss an example of precedent.

A precedent is a decision that is arrived at by the court as the judgment that will be used in future cases that are related to the original case. An example of a precedent is the decision that was arrived at in the Brown v Education case where the United States Supreme Court ruled that black children should be given access to quality education given to white children (Law, 2018). Since that day, any discrimination case brought to the court is solved by referencing the precedent from the racial segregation case Overview of Rule of Law.

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Topic #3: Describe the responsibilities of the Department of Health and Human Services.

This is a cabinet-level agency within the office of the United States president that center on strengthening and safeguard the health of entire Americans. The agency’s main role is to give successful health and mortal services by promoting innovations and inventions in medicine, public health, and social services. The agency achieves this main goal by providing guidance for healthcare application development, protecting citizens against ransomware attacks, developing cutting-edge technologies such as the block chain, and installing health IT infrastructure (Basedow, 2015) Overview of Rule of Law.
Topic #4: Describe the branches of government and give examples of their functioning.

There is the legislative branch that consists of Congress, which is also referred to as the House of Representatives and the Senate. Its role is to make laws and taxation and budgeting. There is the executive branch of the government that is made of the president of a nation, vice president, and major government departments such as the Department of Defense. Each department has a leader selected by the president and all the leaders and the president form the cabinet. The function of the executive branch is to enforce laws. Lastly, there is the judiciary branch that consists of the Supreme Court and other courts. The main role of this branch of the government is to interpret laws (Law, 2018) Overview of Rule of Law.
Topic #5: Describe and discuss the objectives of tort law.

The main goal of tort law is to give reprieve to hurt individuals for damage that have been induced upon them by wrongdoers. The tort law imposes liability on a party that is charged with causing harm to the other. Moreover, its objective is to prevent wrongdoers from committing harmful acts either by shifting the responsibility of casualty to the party at culpability, seeking redress, or using usual remedies like injunction and restitution (Law, 2018) Overview of Rule of Law.
Topic #6: Compare and contrast negligence and malpractice.

Negligence is the harm caused by carelessness, where a person fails to give care where a rational person would exercise it in the same situation. In contrast, malpractice is where licensed practitioners fail to provide services or products based on the required standards. One similarity is that both are treated as civil cases where monetary compensation is provided to the harmed party to pay for the damages (Basedow, 2015) Overview of Rule of Law.
Topic #7: Discuss the elements which be proven to be successful in a negligence suit.

For a party to be accused of negligence, four elements must be fulfilled: the part must owe a duty of care to the plaintiff; the defendant must breach the duty; it must be ascertained that the plaintiff was harmed, and finally, it must be confirmed the breach of duty lead to an injury.

Topic #8: Discuss what is meant by a standard of care and explain how such standards may be violated.

This refers to the degree of caution and prudence that a care provider should provide to a person under the duty of care. For example, the standard of care patients should include a suggestion to receive chemotherapy treatment or surgery (Basedow, 2015) Overview of Rule of Law.
Topic #9: Discuss the defamation of character.

The defamation of a character is a wrongful act where a person creates false statements that destroy the reputation of another. This can occur if there are written false statements that are more harmful than slander, falsifying publicized statements, defamatory statements directed to damage the name of a person, or defamatory statements that are “unprivileged” (Law, 2018) Overview of Rule of Law.
Topic #10: Discuss the elements required to establish fraud.

For fraud to occur, there must be a representation of fact; the facts must be misleading; there must be materiality of facts; the person representing the knowledge must be ignorance of the facts; and the representor must demonstrate the intent to cause injury to the other party (Law, 2018).
Topic #11: Discuss the various legal theories involved in product liability lawsuits.

There are three theories: the first is a breach of warranty where defendants violate the contract between them and the seller of a product before the guarantee has expired; the second is the negligence theory where a person’s or company’s negligence causes products to be defective; and the third is the strict liability law where the person has the permission to seek compensation from whoever causes a product to be defective (Law, 2018) Overview of Rule of Law.
Topic #12: Discuss the various defenses employed in products liability lawsuits.

The defense can be accepted if a product design or defect did not lead to realistic injuries to the plaintiff. The second defense is where the defendant argues that the plaintiff contributed to the negligence that led to the harm; the third argument is where the plaintiff knows the product can be defective and accepts to use it under the assumption of risk; the fourth argument is when the period within which the plaintiff can take a course of action to court has expired (Law, 2018) Overview of Rule of Law.

References

Basedow, J. (2015). The law of open societies: Private ordering and public regulation in the

conflict of laws. Danvers, MA: BRILL.

Law, J. (2018). A dictionary of law. New York, NY: Oxford University Press Overview of Rule of Law.