False Imprisonment Without Legal Justification - 903 Words

I. Can Steven Bender demonstrate that Stan and Linda Kremer (â€Å"Kremers†) are liable for false imprisonment when they sent him to the downstairs basement with no access to phone service and would not allow his friends to come on to their property? False imprisonment occurs when there is confinement without legal justification. The elements of false imprisonment are the restraint of the plaintiff against his or her will and the unlawfulness of the restraint. When looking at restraint against his/her will the courts will look at whether the restraint was a total restraint of liberty with no opportunity to leave. Walker v. Hanke, 992 S.W.2d 925, 935 (Mo. Ct. App. 1999). This analysis will focus on whether Bender was restrained against his will. A. Was Steven Bender restrained against his will when the Kremers ordered him to go downstairs to the room he stayed in at their house without the opportunity to call his friends or have the friends come over to help him move out? Courts hold that restraint occurs with the total restraint of liberty and no opportunity to leave. Id. In Walker, the court held that there was no confinement because there was no total restraint of the plaintiff’s liberty. Id. at 936. The court found that the Hankes had built a fence around their yard at Mr. Walker s request. Id. at 935. After the parties had a falling out about some settlement money, the Hankes placed chains and a lock on the fence to keep Walker’s lawyer out. Id. When Walker let theShow MoreRelatedDescription Of An Assault Was Defined By Goff Lj Essay1224 Words   |  5 PagesSCENARIO 1: TRESPASS TO PERSON According to In Brief helping with life’s legal issues, â€Å"trespass to the person is an element of tort law which covers wrongs done to an individual. [And] can exist even if the victim suffers no physical harm†¦There are three main wrongs which fall under the umbrella of trespass to the person: assault, battery and false imprisonment. They are intentional torts, meaning they cannot be committed by accident, therefore, they are civil wrongs and not criminal wrongs.† Read MoreSherman V. Church of Divine Light (Causes of Action)1025 Words   |  5 Pagesthe Church of Devine Light for negligence, intentional infliction of emotional distress, and false imprisonment. Tom Marsden intentional misled Rob Jr. and brainwashed him into staying with the church. Mr. Marsden also threatened and assaulted Rob Jr. by telling him If you leave, you will be thrown into the eternal fires of Hell, and you will not be allowed back. This alone is assault, false imprisonment and intentional infliction of emotional distress on a fifteen-year old child. Furthermore,Read MoreSherman V. Church of Divine Light (Causes of Action)1036 Words   |  5 Pagesthe Church of Devine Light for negligence, intentional infliction of emotional distress, and false imprisonment. Tom Marsden intentional misled Rob Jr. and brainwashed him into staying with the church. Mr. Marsden also threatened and assaulted Rob Jr. by telling him If you leave, you will be thrown into the eternal fires of Hell, and you will not be allowed back. This alone is assault, false imprisonment and intentional infliction of emotional distress on a fifteen-year old child. Furthermore, MrRead MoreIntentional Tort Law and IRAC System1174 Words   |  5 Pagescould prevail in court by filing a claim for damages against Pilot, based on the provisions of intentional tort law, and the five original intentional torts of 1.) Assault, 2.) Battery, 3.) Trespass to Land, 4.) Trespass to Chattel, and 5.) False Imprisonment. Rules: The majority of jurisdictions in the United States allow for recovery in cases of trespass to land, and in this case Farmer would have grounds to file a claim for intentional tort against Pilot, as his privately owned land was trespassedRead MoreReview : Bulsey And Anor V State Of Queensland1337 Words   |  6 PagesI: Introduction Bulsey Anor v State of Queensland [2015] QCA 187 signified the requirements of legal justifications when conducting unwarranted arrests, and further expresses the importance of the right to personal liberty as it is ‘the most fundamental of the human rights recognised under the common law.’ It was evident to the Judges that at least one officer held reasonable suspicion that â€Å"the suspect† had committed an indictable offence, but the lawfulness of the arrest was inevitably questionedRead MoreIntro to Torts Unit 3 Intentional Torts1128 Words   |  5 Pagesreasonable amount of fear that the physical contact will occur. In fact if physical contact does occur, this tort is no longer considered an assault, it becomes a battery. Battery is defined as â€Å"an intentional and offensive touching of another without lawful justification† according to Black’s Law Dictionary. The three main elements that identify battery are: â€Å"unconsented physical contact, offensive or harmful contact, and the tortfeasor’s intent to touch another person in an offensive or injurious mannerRead MoreSherman Vrs Light1298 Words   |  6 Pagessuffered Intentional affliction of emotional distress, but he had 6 months to get out and go to his parents especially when, he was exchanging mails to and from his parents. It could be argued that, although he was living there under the pretext of false imprisonment, he could have run or ask for help. II. Will Rob Sr. and Bunny be able to succeed in their causes of action? What are the defenses that the church may raise in defense to the parents causes of action? 1) Yes, Rob Sr. and Bunny Sherman willRead MoreThe Ethics Of The Nursing1409 Words   |  6 Pagesmovement also has some legal implications. If autonomy and consent are violated in healthcare systems, it is often superseded by the tort laws (Marin, 2015). The tort laws applicable in this pathways are assault, battery, and false imprisonment; and these falls under the intentional torts. Assault is an attempt or threat to touch another person without their consent or without any justification (Berman et al., 2014). The doctor declared his wish to administer the medication without the patient’s consentRead MoreMr. Walker s Case For False Imprisonment, Assault And Malicious Prosecution1050 Words   |  5 Pages After an incident took place on the 12 of July 2008, Mr Walker claimed damages for false imprisonment, assault and malicious prosecution. This claim arose after an incident which occurred that involved the police officers being responsive to a complaint that was made by the appellant’s partner, Ms Cadice Lecky. At the arrival of the scene, Mr Alexandra Walker was alleged that he has punched his partner and he was also verbally abusive. One of the police officers at the scene PC Adams consideredRead MorePolice Enforcement And The Police1483 Words   |  6 Pagesway they have. There are different types of police brutality. What starts out as a simple altercation turns into a real sticky situation because police do not know when they have gone too far when it comes to force. Excessive force, false arrestment or imprisonment, malicious prosecution, unreasonable search, and rights of pre-trail detainees are all different types of police brutality. Police are supposed to use force when they are trying to restrain an individual who is physically restricting

Essay on Same-Sex Parenting and Child Development

Same-Sex Parenting In the last ten years, many established gay men and lesbians have been increasingly undertaking parenthood through donor insemination, surrogacy, or fostering and adoption (McCann, 2005). Thus, a new type of family formation in American society has been generated. Due to the formation of same-sex households, gay and lesbian parenting is no longer a concept. This type of parenting has become a reality which society as a whole is struggling to accept (McCann, 2005). In 2010, the U.S. Census Bureau counted gay marriages in its survey for the first time in order to provide official data for researchers and policy makers (Wagner, 2010). Such data could help track trend in gay and lesbian family formation and impacts on†¦show more content†¦Even though homosexual couples tend to have better assets to raise children than heterosexual couples, increased parenting stress, parental conflict and relationship dissatisfaction appear to be associated with higher levels of psychological problems among their children, as is the case for children raised in heterosexual families (Wagner, 2010). Such difficulties and dilemmas raise questions concerning gay men’s and lesbians’ right to parenthood and the damaging effect on the children in their care (Wagner, 2010). One of the important questions about same-sex parenting is that whether parental sexual orientation affects child development. Early research on children with lesbian and gay parents began with studies focused on cases in which children had been born in the context of a heterosexual marriage (McCann, 2005). Some researchers compared development among children of divorced lesbian mothers with that among children of divorced heterosexual mothers and found few significant differences (McCann, 2005). For children who were born and raised in a context of homosexual marriage, the Bay Area Families Study conducted by Charlotte J. Patterson (2006) showed that the participants, who were a group of four to nine years old children adopted at the early ages and raised by lesbian mothers, had the sameShow MoreRelatedThe Issue Of Same Sex Parenting1153 Words   |  5 PagesPaper Same-Sex Parenting ​Homosexuality has been a sensitive subject in this society for generations; it has been repelled against and condemned because it is considered to be sin-natured to certain traditions and religions. In the past several years, gay rights have been a controversial topic in many areas of the public and court rooms. More recently, the debate about gays having the right or ability to parent has become an increasingly popular topic, especially with same-sex marriage being legalizedRead MoreThe Controversy Surrounding Same Sex Parenting1255 Words   |  6 Pagesimpacts child and adolescent development. Opponents of same-sex parents argue that sexual orientation has a negative impact on child development, while proponents argue that the relationship between the child and parents is what matters. National, state, and local governments are faced with the controversy surrounding same-sex parenting. People have very strong opinions on both sides of the argument. Children and adolescents who are under lesbian or gay parents have normal child development comparedRead MoreSame Sex Marriage And Parenting999 Words   |  4 PagesSame-Sex Marriage and Parenting Same-sex marriage and same-sex parenting are comparatively new controversial topics in today’s world and its â€Å"mainstream† morality. I was not exposed to any homosexual â€Å"lifestyle† while growing up. While I know that I am firmly traditional in my theological views, nevertheless, I firmly believe that traditional marriage and traditional parenting are devotional commitments between a man and a woman. Therefore, same-sex marriage and same-sex parenting are to me, issuesRead MoreThe Role Of Parents Are Becoming A Common Picture1732 Words   |  7 PagesWhen a child is born into this world, the traditional thing to have straight out the womb, is a mom. This mom would then have a spouse which would help parent that child through adolescence and beyond. Parents’ are given the job of raising their son or daughter so that they can live on their own and make choices by themselves. Parents in today’s society aren’t the typical household piec e you tend to see in movies and read in books. Before, it was always a mom and dad who were female and male. TodayRead MorePersuasive Essay On Gay Adoption1643 Words   |  7 Pageshomosexuality as a mental disorder. Today, same sex relationships have been normalized and live life as ordinary people, yet treated as second-class citizens. This treatment by society has significantly limited the basic human rights of these individuals, including parenthood. Should LGBTQ+ be able to adopt children? Do gay parents and guardians effect children negatively? Adoption is a lengthy process of legally accepting responsibilities of a non-biological child. While adoption is usually governedRead MoreSame Sex Marriage And Marriage948 Words   |  4 PagesSame-sex marriage and same-sex parenting are comparatively new controversial topics in today’s world and its â€Å"mainstream† morality. I was not exposed to any homosexual â€Å"lifestyle† while growing up. I know that I am strongly traditional in my theological views, nevertheless, I vigorously believe that traditional marriage and parenting are devotional commitments between a man and a woman. Therefore, same-sex marriage and parenting are to me, issues of a society with strong traditional cultural identitiesRead More Gay Child Rearing Essay1656 Words   |  7 PagesThe sexuality and development of children with gay parents must be most affected by the rearing of the gay parents. Does having gay parents affect a child’s mental health and growth? Can e ducation and socialization be decreased with the presence of gay parents? How could it be possible that children are not affected by having two parents of the same sex? Doesn’t this cause some gender confusion for the child? How can a child develop properly without the experience of both a male and female role modelRead MoreThe Impact Of The On A Child s Development1737 Words   |  7 Pagesbiggest impacts on a child’s development. The influence parents have on their children is tremendous. They can quite easily help or hinder their child’s development by their parenting style and the opportunities they afford for their children. The nuclear family has a mom and a dad, which is the societal norm. With the passing of gay marriage this year, the questions and prejudice of same-sex parents have been brought to light and revived. Concerns about whether or not same-sex couples are fit to be parentsRead MoreWhy Gay Men And Gay Couples Should Be Legal944 Words   |  4 PagesRecently, controversies have been witnessed concerning the issues of gender and sexuality. For example, the US government has issued directives regarding the legality of same-sex relationships. Several states in America have legalized homosexuality while the others have remained adamant to accept such sexual orientations. Same-sex and transgender couples have been facing prejudice, discrimination, and hatred from the general public that supports heterosexual relationships. However, the legitimacyRead MoreParents : The Single Biggest Impact On A Child s Development1736 Words   |  7 Pagesbiggest impact on a child’s development. The influence parents have on their children is tremendous. They can quite easily help or hinder their child’s development by their parenting style and opportunities they afford for their children. The nuclear family has a mom and a dad, which is the societal norm. With the passing of gay marriage this year, the questions and prejudic e of same-sex parents have been brought to light and revived. Concerns about whether or not same-sex couples are fit to be parents

The Image of Nursing

Question: Describe about the The Image of Nursing? Answer: Image Of Nursing: Nursing is a practice of giving care to the sick or unwell persons. The purpose of this journal article is to consider the image of nursing as recognized by the nurse. In this practice the image of nurse has a vital role. The responsibilities of a nurse are to promote nursing, to persist in nursing, to maintain the decision in nursing. There are no studies are done for the nurse by which they can recognize the role of profession (Emeghebo, 2012). A study was done by collecting data from the nurses. Some of them have more than 21 years experiences and they are registered nurse. The final year student nurses are also involved in the study. All the nurses are gone through the interviews for the experiment. The qualitative data and expressive investigative data were gathered from the nurses and examined. There are three wide categories which signify the profession of nurse. Those are nursing knowledge, role of nurse and attitude of nurse. Considering the role and the knowledge of nursing there has a positive image on nursing. The professional image of nursing is influenced by the attitude of nurses. Sometimes work environment or communication with others in health care profession influences the nurses and they are gathered some negative realizations as they passes through their career ('Reflections on the image of nursing', 2015). There are different perceptions for different nurses. Senior nurses have bad perceptions of junior n urses. The image of nurse is not same for every person. It is noticed that the nurses who are working in hospitals have the bad perceptions of the practice of nursing and also nurses who are working in maternal child health care, have the good perceptions for the practice of nursing ('nursing: towards 2015', 2015). Summary 2: Morris-Thompson T, e. (2015).Diversity, fulfilment and privilege: the image of nursing. - PubMed - NCBI.Ncbi.nlm.nih.gov. Retrieved 19 March 2015, from https://www.ncbi.nlm.nih.gov/pubmed/21749542 Diversity, Fulfilment And Privilege: The Image Of Nursing: Nursing is a practice of giving care to the sick or unwell persons. The aim of this journal article is to consider the image of nursing on the nurse and the image of nursing carried by the general people and also the effect of it on nursing recruitment. The recruitment of nurse and the reservation of nurse is very vital part. It is very important to the Strategic Health Authority for London (NHS London). The Strategic Health Authority for London (NHS London) is worked on the image of nursing and the image of nurse is investigated by the Strategic Health Authority for London (NHS London ('EXECUTIVE SUMMARY FORCE 12: IMAGE OF NURSING', 2015). For this investigation a survey was done and qualitative data was used. The general people and nurses are participated for this investigation and they are helped to collect data. The whole method of experiment is done by collecting qualitative data. Three themes are appeared from the survey and they are connected to the nursing image which is carried by the nurses. Three themes are fulfillment, diversity and privilege. Three themes are not displayed by the public image of nursing. The public are not aware about the activity or the role of nurse and they are not even respect the image of nurse. General people are not offering the profession of nursing as a career of choice to their child or beloved one. By the use of quiz or form or questionnaires this profession can enhance the possibilities and advantages of the image of nursing. It is noticed that the image of general people about nursing is good but there are so many negative feedbacks about the profession of nursing (MORRIS-THOMPSON, SHEPHERD, PLATA MARKS-MARAN, 2011). So the image of nursing should be changed by a positive approach. The image of nurse and the image of general people are not same. The public image about the nurse is based on the misconceptions, myth and ste reotype. This study is done to change the view of the nursing image. It is a good approach for a nursing profession and by this experiment they want to alert and give some knowledge about the service of a nurse. The main approach of the study is to develop the recruitment plan which will change the image of nursing. References: Emeghebo, L. (2012). The image of nursing as perceived by nurses.Nurse Education Today,32(6), e49-e53. doi:10.1016/j.nedt.2011.10.015 EXECUTIVE SUMMARY FORCE 12: IMAGE OF NURSING. (2015). Retrieved 19 March 2015, from https://www.mghpcs.org/pcs/Magnet/Documents/Evidence/Volume_10/Force_12/Force_12_Table_of_Contents.pdf Hschange.com,. (2008).HSC Research Brief No. 3. Retrieved 19 March 2015, from https://www.hschange.com/CONTENT/972/ Morris-Thompson T, e. (2015).Diversity, fulfilment and privilege: the image of nursing. - PubMed - NCBI.Ncbi.nlm.nih.gov. Retrieved 19 March 2015, from https://www.ncbi.nlm.nih.gov/pubmed/21749542 MORRIS-THOMPSON, T., SHEPHERD, J., PLATA, R., MARKS-MARAN, D. (2011). Diversity, fulfilment and privilege: the image of nursing.Journal Of Nursing Management,19(5), 683-692. doi:10.1111/j.1365-2834.2011.01268.x nursing: towards 2015. (2015). Retrieved 19 March 2015, from https://www.nmc-uk.org/Documents/ResearchPapers/Nursing%20Towards%202015%20summary.pdf Reflections on the image of nursing. (2015). Retrieved 19 March 2015, from https://www.hcpro.com/content/222604.pdf

Low Calorie Diet Versus Low Carbohydrate, Which Is Better free essay sample

Due to these health risks, and oftentimes for reasons of vanity, many Americans are choosing to diet. Judy Mahle Lutter, in her book â€Å"The Bodywise Women† said that fifty percent of all women in America are dieting at any given time. The number of diets advertised to combat this problem in our society can be overwhelming. Marketdata stated that in 2004, Americans spent over 46 billion dollars on diet products, more than any other country. How does a person know which diet will work best for them when they all advertise about grand results? Two of the most popular diet plans are a low-calorie diet and a low-carbohydrate diet. These two diets seem similar in concept, but they have numerous differences that should be investigated before a dieter attempts, either. Both low calorie and low carbohydrate diets both aim to force one’s body to burn fat for fuel, causing loss of body weight. We will write a custom essay sample on Low Calorie Diet Versus Low Carbohydrate, Which Is Better? or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Low calorie diets are based on the process of thermodynamics, where the body burns a specific amount of fuel each day. If a person’s fuel intake is lowered through calorie control, their body will be forced to burn fuel that is already stored. This diet aims to force the body to burn calories by taking in fewer calories than your body needs to run each day. When a person does not take in enough calories through food, their body uses stored energy sources such as fat. While low calorie diets are often effective in burning some fat and causing weight loss, they can often cause the body to burn from not only fat, but also from lean tissue found in muscle mass and organs. When the body relies on muscle and organ tissue as a source of fuel the dieter could experience a condition known as â€Å"muscle wasting† and be subject to extreme fatigue. On the other hand, low carbohydrate diets are typically not low in calories; however, they also can be effective for weight loss by forcing a person’s body to burn fat. The body does this because of lack of insulin in the blood stream. Low carbohydrate diets aim to cause a person’s body to use only stored fat as a source of fuel. It does this by inhibiting insulin production when intake of carbohydrates is suspended. When insulin production is lowered, the body will begin burning stored fat for fuel. This process is called ketosis. So, unlike a low calorie diet, a low carbohydrate dieter will be less likely to burn lean tissue from muscles and organs and more likely to only lose fat. There are pros and cons to both of these types of diets. Low calorie diets can often cause the dieter hunger, but can also provide more variety. Because the amounts of calories a person on a low calorie diet can consume are significantly lower than their regular diet, dieters using this approach may often find themselves hungry. Low calorie diets allow for dieters to make any food choice as long as he or she does not exceed the calorie allotment for the day. So if they make poor food choices in the beginning of the day, they may not have many food options later in the day. There is also a risk of taking in too few calories each day, then the dieter’s body will begin to need fewer calories to survive, and they may stop losing weight. Conversely, low carbohydrate dieters rarely find hunger to be an issue, but there is very little variety in food choices. Hunger is not a problem on this diet since the dieter is allowed to eat as many of the allowed foods as he or she wants and the allowed foods tend to be heavier and more filling (bacon, eggs, butter, other meats, cheese, and cream). Cravings may become an issue for a low carbohydrate dieter since many comfort foods such as cakes, cookies, chips, popcorn, pastas, and breads are completely banned. Both of these diets, low carbohydrate and low calorie, are very popular and can be followed in a number of ways. Many weight loss companies follow a low calorie regime such as Weight Watchers, Jenny Craig, and â€Å"the special K diet†. Many foods a person can find in his or her local grocery store advertise their calorie count predominantly on the packaging, and there is a large selection of low calorie foods available at any grocer. People choosing to follow a low carbohydrate diet also have a number of different options to use as a guide, such as Atkins, South Beach, and the Protein Power Diet all follow the low carbohydrate principals. Many of these low carb diet options offer frozen meals and shakes and bars along with books or diet guides at your local grocer. Both diets have been found to be effective, and their effectiveness can be increased with regular exercise. Even though these diets have been practiced by millions of people, a potential dieter would want to discuss any changes to their diet and exercise regimen with a professional, since there are both pros and cons to each choice. For the 62 percent of Americans suffering from obesity or overweightness, losing weight, even with the right diet, can be difficult. While searching for the right diet an American will find many options, some of which will sound too easy to be true. A potential dieter should steer clear of diets that do not make sense, or seem easy. Losing weight is not easy. Since all diets are different, and if dieters do not stick with their diet choice they will likely gain back any weight lost, it is very important to research each diet before making a choice. MarketData Enterprises Inc. http://www. marketdataenterprises. om Melpomene Institute for Women’s Health Research (1990). The Bodywise women: Reliable information about physical activity and health. New York: Prentice Hall Press LiveStrong (2013). Retrieved from http://www. livestrong. com/article/72387-low-carb-diet-vs. -calorie/ http://www. cdc. gov/nchs/data/databriefs/db01. pdf Obesity Among Adults in the United States— No Statistically Significant Change Since 2003-2004. (2007, december). NCHS,  (), . Retrieved  from  http://www. cdc. gov/nchs/d ata/databriefs/db01. pdf