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Crime - Case Study Example

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The increase of students’ crime in the United States has been of much concern. The violent crimes committed by youth are more compared to adults. …
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Download file to see previous pages In 1991, 35.7% of students in high school in the US were involved in physical fights and violations (Mass General Hospital for Children, “Violence Committed by Adolescents”). Thus, the incident which took place in the Gigantic State University can be stated as a crime. Negligence There was a negligence involved in the case from both the parties. The rise of tuition fees had resulted in violation among the students. The university could have negotiated with the Members of Students for Fair Tuition (SFT) regarding the tuition fees and the students should not have entered the President’s building by breaking the law. Laws and Rights The students broke the laws and rights of the university by taking such a violent step. They violently entered the President’s building and caused damage. Thus, the general civil laws were violated that prevents any person from causing any physical or mental damage to human beings as well as property. They also uttered bad words to the President. They were attempting to attack the President but were not successful to attack him and instead they threatened Prudence Pimply, the secretary. People Liable for Damages Students and University both were liable for the damage caused. If the university would not have raised the tuition fees suddenly, then such situation would not have cropped up. The mental damage was caused to the secretary of the president. She was not involved in this case but became a victim. Moreover, the rising tuition fees also caused physical and mental damage to the students of the university. Tort Liability and Exploration of Assault, Battery, Infliction of Emotional Distress and False Imprisonment A tort is considered as a complex legal concept that transcends to a wrong which may be restored that may not be criminal (governmental) or contractual (private) in its existence (University of South Florida, “Tort Liability”). The touching of one person without the consent of him or her with an intention to harm others is referred as assault. An assault might be committed without the assistance of battery and battery can be occurred without the help of assault. Battery means striking a person from behind without the consent of a person (Duhaime org, “Assault Definition”). Infliction of emotional distress is the cruel and disgraceful causation of extreme emotional distress. There are four planned infliction related to emotional distress. The conduct may be intentional, it can be severe and outrageous, causal association may be there between illegal conduct along with emotional distress. In addition, the emotional distress can be severe (Duhaime org, “Intentional Infliction of Emotional Distress Definition”). False imprisonment relates to ‘intentional as well as complete imprisonment of a person against his or her will and without lawful justification’. The activities of false imprisonment will lie where a person is inappropriately detained. Moreover, little force is associated with detention (Duhaime org, False Imprisonment Definition”). In this incident, primarily infliction of emotional distress was caused to Prudence Pimply by the protesting members. 2.0 Case 2 Negligence Negligence takes place when the activities of both parties fail to perform effectively. When each party has certain state of negligence, accident takes place. In this case, Steve Simple was sent to climb the tower for painting, but tremendous thunderstorm had exposed him to a great danger of being hit by ...Download file to see next pagesRead More
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