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CLASS REPORT # 1 - VOCABULARY

Universidad de Panamá

Centro Regional Universitario de Veraguas

Facultad de Humanidades

English SchoolEnglish DepartmentBachelor in English

English for Legal and Commerce

ING 391

Presented By:o Batista, Marcelo 9-734-2175

o Pino, Iranis 9-745-2400

o Pitano, Stephany 9-741-2217

o Rodríguez, Karina 9-730-1036

Professor:Doctor Edgardo Abrego

Santiago, Panamá 2015

INTRODUCTION

Laws, the environment of laws are one of the most important things we have

because it helps to regulate the acts and relations between people. Also, one of

the main objectives is looking to maintain every time Equate Order and Social

Justice; for that reason, there are a lot of penalties for persons acting against the

interest and neighbor´s rights.

The legal environment is an important topic. It includes several of subtopics;

however, we are going to refer in the fallowing text about: torts, various torts,

assault, battery, false imprisonment, merchant protection statues, and

misappropriation of the right to publicity and invasion of the right to privacy.

With these kinds of topic, students will learn enough to create their own businesses

and how to make money, which is the first thing people need to survive. So, we

have to create more objectives and clarify our ideas related to the legal and

business environment, which will be the key to succeed

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INDEX

INTRODUCTION......................................................................................................1

TORTS.....................................................................................................................3

VARIOUS TORTS....................................................................................................3

ASSAULT.................................................................................................................4

BATTERY.................................................................................................................5

FALSE IMPRISONMENT.........................................................................................6

MERCHANT PROTECTION STATUTES.................................................................7

MISAPPROPRIATION OF THE RIGHT TO PUBLICITY..........................................8

INVASION OF THE RIGHT TO PRIVACY...............................................................9

CONCLUSION.......................................................................................................10

RECOMMENDATIONS..........................................................................................11

BIBLIOGRAPHY.....................................................................................................12

ILLUSTRATION......................................................................................................13

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TORTS

The faults or wrong actions which harm to an injured party are called Torts,

and according to the law they could be the basis for a lawsuit.

The principal aim of a tort law is to provide comforting to the injured party,

who could sue for the harms or monetary damages received; even when these can

be punishable with imprisonment.

There are a lot of types of damages such as pain and suffering, loss of

earnings and others, included in specific torts like trespass, battery, assault,

negligence, and products liability.

VARIOUS TORTS

Tort law is state law created through judges who classifies torts into three

general groups:

Intentional torts: An action made intentionally or let something happen even

knowing about it.

It is a type of tort that can only result from an intentional act of the

defendant. Depending on the tort alleged the intent will need to be proven.

Common intentional torts are battery, assault, false imprisonment, trespass to land,

trespass to chattels, and intentional infliction of emotional distress.

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Negligent Torts: Any absentmindedness or inattention while doing

something. Negligent conduct may consist of either an act, or an omission to act

when there is a duty to do.

There are five elements that are required to establish a prima facie case of

negligence: one of them is the existence of a legal duty to exercise reasonable

care; a failure to exercise reasonable care; cause in fact of physical harm by the

negligent conduct; physical harm in the form of actual damages; and a showing

that the harm is within the scope of liability.

Strict liability: Makes a person or company responsible for their actions or

products which cause damages regardless of any negligence or fault on their part.

In criminal law, possession crimes and statutory rape are both examples of strict

liability offences.

ASSAULT

Assault is an intentional or reckless act that causes someone to be put in

fear of immediate physical harm. Actual, physical contact is not necessary to

constitute and assault.

An example of assault: Pointing a gun at someone may constitute an assault.

The word assault is often loosely used to include both threatening acts and

physical violence. Assault is a form of trespass to the person and a crime as well

as a tort.

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An ordinary assault, as described above, is summary offence punishable in

Panama by a fine of one up to 12 dollars or since 12 to 24 days imprisonment.

So in conclusion, an assault is a type of crime and that is defined as the

threat of bodily harm that reasonably causes fear of harm in the victim; it means, is

the threat of immediate harm or offensive contact or any action that arouses

reasonable apprehension of imminent harm.

BATTERY

It is the intentional or reckless application of physical force to another

person. Common battery is a criminal offense as well as a tort, even if no actual

harm results. The consent of the victim is a defense to common battery. If actual

harm does result, however, the consent of the victim will provide a defense only

when the injury is inflicted for good reason.

An example of battery: In the course of a sport or medical treatment.

An ordinary assault, as described above, is summary offence punishable in

Panama by a fine since 1 to 3 months imprisonment.

In other words, is unauthorized and harmful or offensive physical contact

with another person. The interest protected is each person´s reasonable sense of

dignity and safety.

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FALSE IMPRISONMENT

False imprisonment is a restraint of a person in a bounded area without

justification or consent.

The following are false imprisonment scenarios.

The taking hostage of a bank's customers and employees by bank robbers.

The detention of a customer by a business owner (e.g., hotel operator,

apartment owner, Credit Card Company) for the failure to pay a bill.

Certain situations arising from state legislation, like California's Assembly

Bill 1421, Laura's Law.

A robber in a home invasion ties hostage up and takes them to a separate

room.

Shopkeeper's privilege: Many jurisdictions of the United States recognize the

common law shopkeeper's privilege, under which he is allowed to detain a

suspected shoplifter on store property for a reasonable period of time, with cause

to believe that the person detained in fact committed, or attempted to commit theft

of store property.

Rationale: This privilege has been justified by the very practical need for some

degree of protection for shopkeepers in their dealings with suspected shoplifters

Requirement: In order for a customer to be detained, the shopkeeper must

1. Conduct the investigation on the store premises, or immediately near the

premises.

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2. The shopkeeper has reasonable cause to believe the person detained was

shoplifting.

3. Reasonable force (non-excessive) is used to detain the suspected

individual.

4. The detention lasts a reasonable amount of time to gather all the facts.

Purpose: The privilege for the most part is to be able to return the stolen goods.

Claim of false imprisonment: to prevail under a false imprisonment claim, a

plaintiff must prove: (1) willful detention; (2) without consent; and (3) without

authority of law.(Restatement of the Law, Second, Torts.

MERCHANT PROTECTION STATUTES

Merchant Protection Statues permit businesses to stop detain and

investigate suspected shoplifter. It´s considered reasonable ways in order to

denounce a person.

There are reasonable grounds for the suspicions

Suspects are detained for only and reasonable time

Investigations are conducted in a reasonable manner

There are some lows that Merchants should meet.

1. What actions are considered reasonable during the detention?

2. All of the statues are similar in that day allow a merchant to detention

person in a reasonable manner.

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3. To get a list of what actions are reasonable during the detention

4. The merchant can ask for the person´s names and address but no other

information.

5. To know all the rules of the country where is going to be created a business

MISAPPROPRIATION OF THE RIGHT TO PUBLICITY

Misappropriation has two possible functions in intellectual property law; first,

it is the name of a doctrine, of uncertain but diminished scope, growing out of the

old INS case.' Second, it is a candidate to be the overarching principle that would

rationalize intellectual property law as a whole and provide guidance for altering,

perhaps expanding, and the scope of that law.

The right of publicity is described as a descendant of the right of privacy.

The notion of privacy as a legal right dates to Samuel Warren and Louis Brandeis

and their 1890 article The Right to Privacy.

The right of publicity generally is defined as the right to prevent commercial

use of one’s identity. The right is concerned primarily with uses of an individual’s

identity (her name, likeness, or some other identifiable feature) to sell products or

services, or in some cases, as the product itself. Because the “right of publicity”

terminology is a result of an artificial distinction in the law’s conception of the harm

of identity appropriation.

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INVASION OF THE RIGHT TO PRIVACY

By Samuel Warren and Louis Brandeis (lawyers) the right to privacy is, as a

legal concept, a fairly recent invention.

They described the right to privacy as an already existing common law right

which embodied protections for each individual’s inviolate personality. To its

inventors, the right to privacy meant that each individual had the right to choose to

share or not to share with others information about his or her "private life, habits,

acts, and relations.

In simplest terms, for Warren and Brandeis the right to privacy was the right

of each individual to protect his or her psychological integrity by exercising control

over information which both reflected and affected that individual's personality.

Warren and Brandeis invented the right to privacy in the context of late

nineteenth century America as a legal means of protecting and encouraging

individual decisions whether, when, and how to share their personalities with

others.

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CONCLUSION

This work have been made through specific topics which refer to statutes, rights,

torts and faults, all of them directly related to the legal environment of business.

Improve students’ capacity to be more objectives and become in new researchers;

is the most important thing they can learn with this kind of assignment. The

business environment could be certainly compared with a sport game where rules

must be learned before playing an official game. If we don’t know some of these

rules, the legal business rules, we can easily come down into a tort either

intentionally or for negligence.

Finally, students need to make a bigger effort in order to be more creative, more

objective and fortify their own values. Then, they will become into great businesses

people.

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RECOMMENDATIONS

The global security should create strong and efficient laws in order to

control the several torts that are going to against people.

People who modify the constitution in all countries must be more sensible in

order to protect the victims, not to create laws for their benefices.

The human rights must be a guaranty for people who are going to ask for

help in all countries in the whole world.

To address a serious invasion of privacy, the authorities should be

empowered to choose the remedy that is most appropriate in the

circumstances.

The range of defenses to the statutory cause of action for a serious invasion

of privacy provided for in federal legislation should be listed exhaustively.

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BIBLIOGRAPHY

Google Academic- A Dictionary of Law, Writing by: Elizabeth A. Martin

Google Academic – Cornell University Law School.

Google Academic - Preventing Shoplifting Without Being Sued: Practical

Advice for Retail, Writing by Michael Craig Budden

Google Scholar –Invention of the Right to Privacy, Witten by: Glancy,

Dorothy J.

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ILLUSTRATION

Assault Battery

False Imprisonment Merchant Protection Statues

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Lawsuit Various torts

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