CIVIL LAW CASES SCENARIOS SUMMARY

This law is derived from the constitutional right for protection and respect of individual privacy and particularly the Fifth Amendment, which protects people from arbitrary searches and arrest (Parent, 2017). It is believed that a residential property has a higher degree of an individual’s privacy than acar. Searching a residential property therefore requires the authorization of a judge before it is carried out. A search is however authorized if the owner is suspected to be involved in unlawful acts or if the residence is believed to house illegal items that may be used in a legal process. Drunken driving laws In the scenario of the police officer stopping Mr. For an action to qualify as a tort therefore, there have to be sufficient ground to prove that the alleged tortfeasor intended to cause harm to another person (Delgado, 2018).

Thismeans that any harm that occurs accidentally is not subject to tort laws and may be treated differently. Torts fall under civil law, whose intention is to provide relieve or compensation to the aggrieved party and not to punish the offender. The intention of civil law differs from criminal law in that whereas civil law is aimed at providing relief or compensation to the person who suffers harm as a result of another person’s action, criminal law is aimed at punishing the offender and deterring other people from engaging in unlawful acts (Delgado, 2018). In the scenario involving Fitch and her giving false information about Watson, she can be said to have committed torts.  There is however an exception to this law in what is known as the “Fair Use Doctrine”.

This is a law that allows a person to use the creative work of another person without violating the copyright law (Morris, 2015). The Fair Use Doctrine however, places a limitation on the extent to which copyrighted material can be used without infringement of the intellectual property right of the copyright owner. The doctrine allows use of copyrighted work in a limited manner for parody purposes, criticism or to comment about such work. What this means therefore, is that any other use of copyrighted material apart from that allowed by the Fair Use Doctrine is an infringement on the intellectual property rights (Loren, 2015). The exception to this law is when an employee comes up with an invention for which they were not hired to invent.

This means that the duties of that employee as stipulated in the employment contract were not in any way related with the invention (Lobel, O. Since this applies to all employees, whether part time or full time, the case involving Felicia and Jabil can be resolved by citing the limitation of employer intellectual property rights law. The fact that Felicia developed the Fast Route & Tracker (FRT) program while working part-time for Jabil, does not give Jabil the right to that program. Of particular interest is the statement that when she developed it, it was specifically for her Information Technology course and she did not develop it exclusively for use by Jabil. Rev. Baude, W. , & Stern, J. Y. The Positive Law Model of the Fourth Amendment.