Jenna Smith
CJA 520
Professor Mark Holley
July 30, 2011
Introduction
In the United States today if you as an officer put either you or your department in a liability, for any type of act that is not warranted and handled in a professional manner you are opening yourself for a number of different actions which could hurt both you, your department as well as causing you to loss everything that you own, just because you decided to not following proper protocals which were developed for you department.
“In any case in which death was involved, the law where the act or omission complained of occurred provides, or has been construed to provide, for damages only punitive in nature, the United States shall be liable for actual or compensatory damages, measured by the pecuniary injuries resulting from such death to the persons respectively, for whose benefit the action was brought, in lieu thereof (federal-tort-claims 2012).”
Understanding the Torts Act
When one has committed a wrong doing, that person should be punished, and the one who has been wronged needs to feel vindicated. Others who may think of wronging someone in the same fashion will think twice first before it. One of the ways to punish people is through the civil court system with the use of torts. This system allows any person to confront any entity that has wronged them and demand retribution. Torts are an important tool enabling people to recover damages lost through medical costs, property lost, reparations for pain and suffering as well as mental anguish.
Many tort cases are frivolous, with some entering the realm of being totally ridiculous. The lawyers are not the only ones thinking of lawsuits as another way to get rich. The common American citizen brings lawsuits as a way of playing against the odds and will have a real chance to win.
Tort Civil Claim
We have all heard of the case in California recently where a woman alleged there was a finger in the
References: Sizemore, Bill. "Despite Worries, the Doctor is in." The Virginian Pilot. 21 Mar. 2005 Taylor, Stuart, Evan Thomas, Susannah Meadows, Pat Wingert, Debra Rosenberg, Mary Carmichael, Dirk Johnson, Sarah Childress, Rebecca Sinderbrand, Karen Breslau and Hilary Shenfield. "Civil Wars." Newsweek. 15 Dec. 2003: 42-52. "Torts and Tort Reform: Possible Implications for Property and Casualty Insurance." CPCU Journal. Oct. 2003: 1-18. Zegart, Dan