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Networked Economies And Crime.
Networked Economies and Crime Litonja White Kentucky State University Networked Economies and Crime Introduction Over the past few years,
human societies all over the world have established some increasingly close contacts. The pace at which global integration has been taking place over
the past few years has increased dramatically. There have been many unprecedented changes in transportation, computer technology and
communications and these have made the world an interdependent global community. Many multinational companies make their products and market
them all over the world. Raw materials, technology and money now move faster than ever across borders. Cultures and ideas are also exchanged
freely across borders.... Show more content on Helpwriting.net ...
One of the most common basic differences is that the patron–client organization is more often associated with breaking the law while the bureaucratic
type of organization strictly abides by the law and tries to enforce it (Albanese, 2010). In the patron–client model, there is always one individual at the
top, leading the whole organization who is commonly referred to as 'the boss'. This type of organization is characterized by a kind of structure
where it resembles a family that is neatly and tightly bound together by loyalty and trust to each other (McIllwain, 2005). The boss', patron in this
case, main role is to aid the client in either economic or security in terms of protection that is repaid by the same client in terms of duties as per the
orders of the patron. This type of network encompasses different types of individuals in its networks includes members of the local community,
members of the judicial system, public officials and law enforcement officials. The patron controls a particular geographic region that is referred to
as his territory where no one else is expected to trespass. The boss has a counselor and confidant for advice and an underboss that enforces and carries
out his orders (McIllwain, 2005). Those underboss has a number of captains whose main purpose is to complete the various goals assigned to them. The
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Miranda Burr
I. Defendant Miranda Burr is guilty of committing computer crime under H.R.S. В§ 25.377(4) because she was not authorized to access the lottery
terminal and defraud Hip Hop 2 It.
The court should deny defendant Burr's motion for judgment of acquittal because she violated H.R.S. В§ 25.377(4) and committed computer crime.
HRS 25.377(4) states that, "Any person who knowingly and without authorization uses, accesses or attempts to access any computer, computer system,
computer network, or any computer software, program, documentation or data contained in such computer, computer system or computer network,
commits computer crime." H.R.S. В§ 25.377(4) (2017). Miranda Burr violated this statute when she accessed the lottery terminal without authorization
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State v. Gaines, 346 Or. 160, at 171–72 (Or. 2009). In Gaines, the court held that amendments to O.R.S. В§ 174.020 provided a methodology in
interpreting statutes for the court. Id at 171. Gaines held that when a court is to determine a statute's meaning the court will first look to the statutes
text and context to interpret its meaning. Id. Additionally, Gaines held that the legislative history of a statute can be utilized when proffered by one of
the parties. Id at 171–72. The Gaines court held that it is up to the determination of the court as to how much weight would be given to the legislative
history in its analysis. Id at 172. Finally, if the statute is still ambiguous after analyzing the text, context, and legislative history, then the court may
utilize "general maxims of statutory construction to aid in resolving the remaining uncertainty." Id at 165.
In the case of Miranda Burr, an examination of the text, context, and legislative history of H.R.S. В§ 25.377(4) illustrates that Burr is guilty of
committing a computer crime and that the court should deny Burr's motion for judgment of
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Intentional Interference With Property Case Summary
Interference with Property What is Interference with Property: Intentional interference with property is the section under intentional tort law that
protects a citizen from having their land trespassed on, chattels stolen or obtained by people that should not have their items.It is also the act that
protects your rights as a Canadian citizen to privacy and protection of property. Types of Interference with Property: There are four main sections
under which intentional interference with property can be broken into; Trespass to Land, Nuisance, Trespass, to Chattels, and Conversion, each put in
place to preserve the rights each citizen has when it comes to privacy. Trespass to Land– deals with the most well known type of... Show more content
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–Half way through the payment schedule, you sell the big screen because it 's the only thing you have that can get you a chunk of money –What kind
of interference with property is here? (Trespass to Land, Nuisance, Chattels, Conversion) Case Study Rogers v. Board of Road Com'rs for Kent
County BRIEF SUMMARY ON THE CASE: The Board of Road Commissioners for Kent County (Board) (defendant) had a license agreement to
place a snow fence on land owned by Rogers'(plaintiff) husband. The Board set up the snow fence pursuant to the license agreement. Under the
license agreement, the fence, including the anchor posts, would be removed by the Board at the end of the winter season. At the end of one winter
season the Board removed the snow fence but did not remove a steel anchor post that protruded six to eight inches above the ground. The grass in
the area where the post was located grew to a height that completely hid the post from one's view. On one particular day in July, while Rogers'
husband was mowing an area where the snow fence had been located, the mowing bar on her husband's tractor struck the steel post that was hidden
from view. As a result of the impact, Rogers' husband was thrown from the seat of the tractor. Rogers' husband died from the accident. Rogers sued the
Board for
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Brown Vs Smith
Brown v Smith In the club bar Smith, by way of a practical joke, pulled a chair away just as Brown (the referee) was about to sit down, resulting in
Brown falling over and striking his head on the floor. Therefore S. may be liable under the rule in Wilkinson v Downton, in addition to battery. He
will not be liable for assault since this requires reasonable apprehension by B and that does not seem to be the case. Battery has been defined
earlier when discussing his liability for J's injury, so although the elements from the criteria will not be repeated here it will still apply to this
scenario. Both the act and immediate infliction can be dealt with together; in this case, the act of pulling the chair away was a positive act and was
immediately inflicted since B. was about to sit down instantly, as a result of which he fell and injured his head. As for intention, its scope is argued to
be wide enough to cover practical jokes (Williams v Humphrey); for example, pushing someone into the pool, or even an amicably intended kiss, can
be argued to amount to battery. In this case, even if S. were to argue that,... Show more content on Helpwriting.net ...
However, it is hard to establish the liability for this tort due to the low number of case–law, and even then, they are mostly conflicting. In Wainwright v
Home Office, the courts have held that the defendant needs to at least have acted recklessly "without caring as to whether they caused harm"; simply
emotional distress is not enough. This case approved the definition in Wong v Parkside NHS Trust, with the degree of harm being such that the
defendant "cannot ... say that he did not "mean" to do it" (the intention being a combination of likelihood of harm and deliberate engagement). More
recently, in Rhodes v OPO it was held that the defendant must have intended to cause physical harm or severe mental or emotional
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No Trespassing Sign In Town
Need for No Trespassing Sign in Town Driving through Colorado is one of the most amazing trips to take; the Rocky Mountains are spectacular and
the diversity in scenery is never boring. As one drives through much of the state, it is quite noticeable there are many fences and signs posted with signs
saying, PRIVATEPROPERTY – KEEP OUT or POSTED – NO TRESPASSING along almost every stretch of land, except for state or federal land
Bureau of Land Management (BLM) land (www.blm.gov, n.d.). It is understandable to have a posted sign on isolated land or a large acreage of
property not often frequented by the owners; however, seeing a no trespassing sign in town, in a fenced yard seems to be a bit unnecessary. Why
would a homeowner in a town want ... Show more content on Helpwriting.net ...
The history of the Arnotts in Crested Butte goes back almost as long as the town has been established, being incorporated on July 3, 1880
(www.crestedbutte–co.gov, n.d.). Crested Butte is a mountain town sitting at an elevation of 8,885 feet and is located 28 miles north of the City of
Gunnison, in Gunnison County (www.crestedbutte–co.gov, n.d.). John Hunter Arnott was born March 6, 1865 in Steeland, Saline, Fife, Scotland; he
immigrated to the United States in 1888, and became a naturalized citizen of the United States on October 26, 1894 in Gunnison, Gunnison County
Colorado (Arnott, H., 2012). The following is an excerpt provided with permission from Lynelle Arnotts' account of John Hunter Arnott, through her
collection of ancestry information regarding the Arnotts and
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Case Study: Operation The Sun Has Set
On May 1, Florida authorities executed search warrants at an Orange City plant nursery that was allegedly doubling as a drug compound. The raid,
which was dubbed "Operation the Sun Has Set," led to the arrest of 21 people. According to the Volusia County Sheriff's Office, investigators began
looking into C.J.'s Nursery several months ago after receiving multiple tips and complaints about possible criminal activity taking place at the location.
Deputies were able to obtain search warrants after an undercover officer gained entry to the property, which is located at 711 Sunset Avenue, to
purchase methamphetamine. During the subsequent raid, officers from multiple law enforcement agencies allegedly uncovered a .35–caliber rifle, 8
grams of meth,
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Intentional Torts And False Punishment
Introduction This week we have been introduced to intentional torts, including battery, assault, trespass of land, trespass of chattels, conversion and
false imprisonment. Most of us are blind to tortious acts, yet they are clearly occurring around us. This class will, in part, give us an attorney's
awareness of torts in the real world. In 2005 there were 2,012 intentional torts, slander/libel, false arrest/imprisonment, and conversion claims in
state courts. (Thomas H. Cohen) Many more torts are too minor to ever result in a lawsuit. Below, I will discuss intentional torts that I have
experienced or which may occur in my daily life. Assault I commute into the city on the MBTA commuter rail several days a week. It is typically an
orderly, quiet ride. However, winter delays cause extreme overcrowding that makes otherwise reasonable riders irritable. Unavoidable bumping and
jostling occurs but does not constitute a tort. However, not long ago I was standing on a very crowded train when an irate man yelled at me to move –
or, he was going to move me out of the way himself. I had no place to go and I was certainly in fear (or apprehension, rather) that he would push,
shove or otherwise place his hands on me. Restatement (Second) of Torts В§21 states that an individual is liable for assault if he/she intends to "cause
a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such a contact, and (b) the other is thereby
put in
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Cause And Effect Of Littering Research Paper
Living in Grand Junction during the spring time is wonderful. With the cool mornings and nice t–shirt weather during the afternoons it is almost like
being in San Diego. This weather tends to attract people toward the outdoors. While out exploring nature people tend to litter and trespass on fragile
environments. This lack of respect for nature is unwarranted. When going up to the Grand Mesa no one wants to see trash lying around, it is a hazard
to wildlife and an eyesore. Respecting nature and its inhabitants is important and should be a priority to those out exploring it. When camping or just
setting up an area to hang out for a day people tend to be forgetful and leave items behind. It takes only a few extra minutes to make sure there... Show
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There is absolutely no reason to leave trash behind. There are so many risk due to the negligence of others. With the vigilance of other people, keeping
these parks and the animals that live there should be easy. At least one would think. Unfortunately, some people lack respect for ourenvironment or are
just lazy. These people pose a threat to the all national parks, not just our own. There needs to be a way to teach those people that their actions or lack
thereof are a threat to parks. Teaching people that nature is something to be respected is important. It may help prevent them from littering and
trespassing. Everyone should have the opportunity to explore the great outdoors, but everyone should also understand that there are rules and fines in
place for a reason. There is no reason to litter or trespass and to do so is irresponsible. Respecting nature and its inhabitants is important and should be a
priority to those out exploring
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Case Study : Shoplifting And Forgery
Case Study, Tanja: Shoplifting and Forgery
It can be a slippery slope when handling juvenile offenders for victim's rights must be respected; ergo, although confinement is alleged to contribute to
high recidivism rates, often justice must take precedence regardless of fiscal expense. Confinement is necessary to incapacitate violent offenders;
however, there are better alternatives for non–violent offenders who are not career criminals. The impact of juvenile detainment creates tremendous
hardships on the youths' immediate family, presents higher recidivism rates which further endangers the community at large, and obstructs the youths'
transition into adulthood. Alternatives which can plausibly maintain youth in their family residence where they continue engaged in school receiving
support from family members and mentors is the preferred option. The purpose of the juvenile courts is to provide treatment to youth offenders as
opposed to punitive discipline, the goal being de–carceration. This dissertation will provide this student/advocates determination of sanctions that I
would impose if I were a judge presiding over Tanja's case.
Tanja's Upbringing
Tanja is an only child in a one parent household. Her parent's separated when she was 14 years old. She resides with her mother and her father resides in
another state. Tanja does communicate with her father through telephone and letters. Daddy–less girls generally struggle with feelings of self–esteem
and unworthiness;
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Essay about Breakfast of Champions
"Breakfast of Champions" In Kurt Vonnegut's Breakfast of Champions, the narrator believes Americans are doing the best to live "like the characters
in story books" (pg. 49). He believes that the problems our planet faces are a direct result of our individual desires to attain our story book perfect
lives. Through this "colorful" and outrageous story of two white men, Kilgore Trout and Dwayne Hoover, Vonnegut twists in some of his concerns
and criticisms of the typical American life with humor and sarcasm. His criterion is so insightful and ahead of his time that I could not believe it was
published in 1973. Living these "story book" lives "encourages people to kill one another and themselves for the effect of a dramatic ending" (pg. ...
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We no longer stop to enjoy the beautiful things and sites around us and instead we surround ourselves with the ordinary. He addresses slavery in a
very peculiar way. I don't think many today would openly make the sorts of statements he made, but he did have a point. Which explains why after
slaves were freed in the North, they still were not allowed to own property or vote for decades. "They used human beings like machinery, and even
after slavery was eliminated, because it was so embarrassing, they and their descendants continued to think of ordinary human beings as
machines" (pg. 11). He concedes that slavery was wrong, but because it had been a way of life for so long, it was difficult to overcome the need
for it. "The victors in that war were cheated out of the most desirable spoils of that war, which were human slaves" (pg. 164). Doing away with
slavery was a monumental success for this country and a great step towards creating the America we know today, but then it meant more paid laborers
and less money available to land owners, so they weren't that willing to accept change. "Earthling's use automobiles to destroy their own planet" was
what Vonnegut called "plague on wheels" (170). With automobiles roaming the road, more roads need to be constructed leaving very little available
free space. The car's exhaust emits emissions that break down our sun protection
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Cyber Criminology: Exploring Internet Crimes and Criminal...
Almost everyone everywhere in the world has either used or owned a computer. If there was an Internet connection, then they have all been connected
together across that medium. But when you are just browsing the Internet or looking at your choice of social media site, did you know that you are
getting attacked by some sort of malware or could be verbally assaulted by an individual? In Cyber Criminology: Exploring Internet Crimes and
Criminal Behavior by K. Jaishankar, he describes all the ways people across the world are attacked everyday by some sort of malware or by an
individual, such as a pedophile. Certain topics that will be discussed are subcultures in cyberspace, types of hackers/crackers, virtual sex offenders
along with ... Show more content on Helpwriting.net ...
4). As described by Jaishankar and Adeniran, "the yahooboys do all of these criminal activities as a cafГ© culture" (Adeniran & Jaishankar, 2011, p.
4). Poverty is very high in Nigeria, so these yahooboys seek to spend their lives online in order to con or trick people in order to make an income for
themselves so they can try to escape poverty in their country/village (Adeniran & Jaishankar, 2011, p. 4–5). The three main aspects that effect the
growth and population of yahooboyism are the political government, the economics, and social factors of Nigeria (Adeniran & Jaishankar, 2011, p.
4–5). The political government in Nigeria is very corrupt, which makes it hard for the individuals who live there to make money for themselves in
order to get out of poverty. The economics and social features fall hand in hand with the corrupted political government, for it is hard to get a country
together and growing when the government is trying to overrun all the people with its power to become unstoppable. With the government being
corrupted as it is, this would lead the people to think that "cafГ© culture" would be acceptable and allows more and more people in Nigeria to join
into this lifestyle of Internet hacking/scams (Adeniran & Jaishankar, 2011, p. 5–6). In order to fix this, the government needs to improve regulations on
the Internet, they need to make special programs/activities for the youth to keep them off the Internet, and to give unemployment
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Taking a Look at Cyber Crime
Introduction
Cybercrime describe a heinous act that interferes with the functioning of the computer networks by exposing the users of the networks together with
the systems to risks. The act is committed intentionally with the objective of creating interruptions that disrupt the normal functioning of the system.
Computer users feel the harm directly or through a second party depending on the nature of the tool used in committing the crime (Hull and Sivanesar,
2013, p 98). Computer users across the globe are facing threat, due to the rise in cases of cyber crime, and this is necessitating the intervention of the
government through enactment of policies that govern the usage of computer technology. According to Richardson (2008, p 3), cyber crime has grown
to catastrophic levels thus posing a challenge to global security. Consequently, besides cyber crime affecting the security of individual users of the
system, it has a significant effect on the social, political and economic aspects of people's live hood. As discussed in the piece, cyber crime is an
advanced form of violation of the law that poses challenges that were inexistent to the globe prior to the introduction of computers.
Forms of Cyber Crime
Critics categorize computer crime into two groups namely; offences targeting people using computers, and offenses, which interfere with the
functioning of computer networks. The common crimes that affect networks in this case include viruses, restrictive access, and malwares.
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Farmer V Pilot Essay
Does Farmer have any claim(s) for damages against Pilot based on intentional tort? Discuss.
Rule of Law :
The essential requirements of intentional torts are the elements of intent, injury, damages and causation.
The concept of 'intention' does not require that Defendant (D) know that his/her act will cause harm to the Plaintiff (P), but must know with substantial
certainty that their act will result in certain outcomes (landing of the plane on the P's land).
To successfully make a claim against D, P must prove that D acted with purpose when he landed the plane on P's property, that the act was intentional
and it lead to the injury suffered by P (loss of land and crops) and the resulting damages to P's land and crops.
It is clear ... Show more content on Helpwriting.net ...
IV.P was in possession or was entitled to immediate possession of the land when thetrespass took place.
V.Trespass was caused by the D's act.
Based on the facts, it is clear that the Pilot has a prima facie case for 'trespass to land'. The facts are clear that the i) Pilot intended to land on the
Farmer's land; ii) Pilot did land on the Farmer's land; iii) the Farmer had not expressly authorized the entry. [3]
However, as a defense privilege we have to review the law in terms of implied consent (implied in–fact and implied in law) and the application of
necessity case law. The urgent nature of the circumstances and the availability of limited options (sub–division of homes, trees of vacant land) provide
a basis for implied consent. Implied in–fact consent would be an objective manifestation as a reasonable person would consent under the
circumstances especially when taking into account the loss of life against the loss of property. Per case law, the courts have ruled that loss of life
over–shadows loss of property. Similarly, implied in–law consent would need to be reviewed under the rule of law and the benefit of the public,
considering the options between landing on a housing tract versus landing on a vacant farm where the potential of damages would be significantly
lower.
The same elements of urgency and limited available options also provide the defense privilege under the rule of law of 'necessity'. If the defense falls
under the preview of 'public
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Literary Analysis Of Mending Wall By Robert Frost
Analysis of Mending Wall by Robert Frost
Robert Frost is describing a process in "Mending Wall", which is repairing a wall that separates his territory and his neighbor's. The wall was
deteriorated during the winter, when the cold frost created cracks and gaps in the wall. He uses a nearly infantile imagination to unravel the mystery of
the damage that appeared suddenly in spring. While they are tediously laboring to reconstruct the fence, Frost is imploring his neighbor about the use of
the wall; his apple trees can be clearly distinguished from his neighbor's pine trees. Yet underneath this quotidian routine, Frost goes beyond the surface
to reveal its figurative meaning.
The poem renders an apparent question: Why do people build unnecessary ... Show more content on Helpwriting.net ...
For example, he indicates that the practice of mending the barrier is futile, when he states the metaphor, "Oh, just another kind of outdoor game...it
comes to little more." Another metaphor he used is "Spring is the mischief in me." Mischief here does not refer to anything relative to evil, but to
friskiness that attempts to "put a notion in his head." Yet this attempt is in unavailing, and the neighbor continues to repair the wall, and in the simile,
"Like an old–stone savage armed", Frost attests that his neighbor has the stride and stubborn ignorance of a caveman. He also uses other devices such
as a pun, applied in the line, "And to whom I was like to give offence." The last word of the line simply emphasizes the importance of the subject, the
fence. The most prominent figure of speech, however, is the ironic, "Good fences make good neighbors." This is completely opposite of the
connotation of the poem. Fences do not make neighbors, but strangers that are apathetic towards each other. The neighbor seems to prefer this
approach, to eliminate any risks of trespassing or offenses. Yet what the fence really does is hinder the development of friendship. This is comparable
to the barriers of bitterness, anger, hate, and fear men put between one another that obstruct love and
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Research Paper On Drones
Should we make drones illegal?
Whether you have seen them or not,drones are becoming very popular. They are becoming so popular that over 1 million drones were sold this last
Christmas,but are these drones causing problems in society,and if so should they become illegal? For most drones do cause problems in society.
According to the Consumer Technology Association, "the issue is becoming more and more urgent as an estimated 700,000 drones were sold last
year." A man named William Meredith saw a drone flying over his land, so he did what he thought was right and shot the drone with a shotgun.
Situations like this are why we need to make a decision if we want to make drones illegal, or continue allowing them. Some people argue that drones are
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This means is that drones are capable of doing a lot of things and we need to make a decision on what we are going to do so they are not harming
anyone, or anything. Additionally, the Secret Service officials said,There is a potential that these devices, which can be purchased cheaply and
easily, could be modified to carry explosives or weapons.This means is that the Secret Service knows that drones are starting to be used for
terrorism and needs to be stopped.Lastly, Larger models that can carry payloads of up to 30 pounds are available on the market and are expected to
become more common.In other words drones are becoming capable of holding 30 pounds, and that 30 pounds could be explosives or anything else
that is harmful.All in all,It is clear to see that It is absolutely critical that drones become illegal because drones are being used for terrorism.
In conclusion, Even if opponents argue that drones are a great piece of technology that can make everyday tasks easier, It is obvious that,drones just
have way too many issues.It is extremely important that drones become illegal because they are being used for terrorism, they are trespassing on
people's property, and are violating other people's privacy rights.Then maybe oneday, if drones are illegal we will not have to worry about
trespassing,privacy,and terrorism from
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Analysis Of The Five Situations Where The Trespass Should...
This essay is going to look at the five situations where the trespass should be applied. The first one is whether Dobby is liable for trespassing to
Draco's factory site by using it for hand car–cleaning services even knowing that Draco is aware that it is being used. However there is no consent to
do so. The second issue is whether Harry is trespassing the airspace of Draco's property by flying a huge helium balloon several hundred feet above the
park and by drifts in the wind it time to time passes over Draco's land. The third issue is if Draco is liable for trespass to person when he throws Dobby
into street. The fourth one arises when Harry tells Draco to 'Piss off' and the final the fifth issue is if Harry trespassed to person by ... Show more content
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For example entering as a trespasser with the intention of stealing.
To begin with, trespass itself is not a crime at common law. There is the definition of trespass to land is it found in the case Martinelli v Nelson Street
Holdings Ltd. and it says– "Intentionally or negligently entering or remaining on, or directly causing any physical matter to come into contact with
land in the possession of one more". The trespass to land has to be intentional (requires a direct intentional act) .
The first issue that is going to be analysed is whether Dobby is liable for trespass to land by using the derelict state of factory owned by Draco. The
owner knows it is being used by Dobby, an unemployed person hoping to put food on his family's table by providing hand car–cleaning services.
However there is no consent from Draco to Dobby to do so. As looking in the facts that are in the case, it is necessary to identify if case satisfy all key
elements for trespass. It is clear that Dobby did not intend to cause any damage to the land owned by Draco– he was using land for hand car–cleaning
services for earning money to buy food for his family. But he intentionally stayed on the property which belongs to another person and this is how he
satisfied the element which gives the definition for trespass to land– intention. The rule of intention to be needed in trespass to land is found in the
book Clerk & Lindsell on Torts– '[It] consists of any
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Essay about Case Study
1. Identify the areas of law that are relevant to the chosen media report, and explain how they are relevant to the matters outlined in the report.
This article reports on the security/safety issues surrounding a vacant Peppermint Grove mansion. The mansion is unable to be sold by Radhika and
Pankaj Oswell due to unresolved issues regarding unpaid taxes of up to $186 million.
Contract Law
Earning money in Australia, a contract is entered into with the AustralianTax Office (ATO) to pay taxes according to the amount of income being
made. As there has been a dispute with Mrs Oswell owing the ATO a very large sum of money, there is an issue regarding contract law, as she is
obligated to pay the money that she owes. ... Show more content on Helpwriting.net ...
It is an accepted duty for all people to follow the law, it is also an accepted right for everyone to feel safe. Both of these things can be enforced with
criminal law. For example if people breach other's rights to feel safe or simply choose not to follow the law, they can be prosecuted through criminal
law.
For example in the article the rangers who inspect the vacant property have the ability to enforce the recognised duties of the surrounding community
which is to not trespass on the private property.
Provides remedies when an injustice has been done.
Tort law also provides an example in this function of the law.
An example from the article can be seen from the surrounding the property labelling it an accident waiting to happen. If someone was to get hurt on
this property, tort law would provide the remedy to the injustice which is lack of security and carelessness in leaving the area unsafe. Tort law would
allow for compensation to occur.
3. By reference to the legal issues contained in the chosen media report, explain why it was important for the relevant party/parties to know the law in
the circumstances? How did, or could, the party/parties have applied the law to their advantage?
Knowledge of the law not only allows us to know what we are able to do, but also what we are prohibited to do.
The Oswell's need
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The Issue Of Cyber Crimes Essay
Jurisdiction is one of the main issues on account of cyber crimes because of the extremely inclusive nature of the cyber crimes. With the constantly
developing arm of the internet the territorial concept appears to vanish. New Methods for resolution of dispute should offer route to the traditional
techniques. Accordingly, the Information Technology Act, 2000 is quiet on these issues.
In spite of the fact that S. 75 accommodates extra territorial operations of this law, yet they could be significant just when supported with provisions
which recognizes orders and warrants for Information issued by capable authorities outside their purview and measure for cooperation's for trade of
material and evidences of cyber violations between law implementation organizations.
Normally the jurisdiction of a court is identified with the place where the offense is committed. This depends on the English common law position that
all crimes committed are local and ought to be tried just by the courts which have the jurisdiction over the matter and where the crime has been
committed. When there is a confusion with regards to the local area which any crime took place, the courts, inside whose purview even a part of the
offense was submitted, is given the jurisdiction to try the matter.
Ques.2 Explain briefly the classification of cyber crimes in India?
Ans.2The subject of cyber crime may be broadly classified firstly as under the following three groups.
1. Against Individuals
a.their
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The Pros And Cons Of Computer Privacy
Our public, both worldwide and national, depends intensely on computers in innumerable aspects of its everyday operation. This improvement in
technology makes it easy for the cooperations to collect people's personal data through their online activities. People pay more and more attention to
Internet privacy, They do not want their data to be unauthorized accessed by anyone at anytime. The United State government issued theComputer
Fraud and Abuse Act to solve this online privacy problem. In United State, the Computer Fraud and Abuse Act develop quickly, but still, require further
revises.
In the 1980s, only minority of people have the computer, committing a computer crime needed sophisticated programing skills. Because of the
unpopular of the computer, people did not think misuse of the Internet will lead to bad consequence or become a kind of crime. Cooperations or
government can easily steal or trespass anyone's account because people think crime always related to the physical interaction of personal property.
Quick forward for about thirty years, this is another story. The Internet has been used for every day nearly every home. After the legislators realized
the threat of hackers and other intrusions of online data, the Congress of US created a category called crimes of computer misuses. Wargames, a film
produced in 1983, talked about a young programmer finds a way to enter the website of military center and almost triggered the World War III. This
movie reflects the
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Attractive Nuisance Essay
Question Presented Whether Sherman, under the attractive nuisance doctrine, will likely prevail against Carlisle for multiple injuries he sustained in a
fall from wooden steps of a tree house in disrepair while trespassing upon Carlisle's property when: (1) Carlisle was aware that the neighborhood
surrounding his property was populated with children; (2) a severe storm had damaged Carlisle's property and exposed the previously concealed tree
house; (3) Sherman was six years of age at the time of his injury; (4) Carlisle had little incentive to make repairs to the tree house prior to the storm
because of its concealment; (5) immediately following the storm, Carlisle made arrangements with a contractor at a higher than average rate to make ...
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Upon entering the yard, they discovered the tree house. The tree house was inaccessible but for a frayed piece of rope that had once been part of a
ladder. The rope was beyond the reach of Sherman and the others, so they swung themselves over the lower branches of the tree to reach the lower
landing of the tree house. They successfully managed to hoist themselves onto the lower landing from where they began to run along the labyrinth–like
walkways and steps in a race to reach the top of the tree house. Sherman was running ahead of the others but tumbled when one of the worn slatted
steps splintered and gave way. Sherman fell a long distance to the ground and sustained multiple injuries.
Discussion
The attractive nuisance doctrine is based on the fundamental fact that children do not possess the same judgment or ability to recognize risk as
adults. Johnson v. Wood, 155 Fla. 753, 21 So. 2d (Fla. 1945). Its purpose is to afford the trespassing child, where the elements of the doctrine are met,
the same protection, applying the principles of ordinary negligence that would be afforded an invitee on the premises. Martinello v. B & P USA,
Inc., 566 So. 2d 762 (Fla. 1990). The burden of proof is upon the plaintiff to demonstrate that each element of the attractive nuisance doctrine is
satisfied. Id. at 764. If the plaintiff proves each element of the doctrine, the
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Persuasive Speech On The Cub World
In the summer of 2016, I worked as a counselor at Camp Cub World. The job didn't pay too well, but it kept me busy and was a wonderful learning
experience while having fun. The camp was built for Cub Scouts, or the little boys younger than fifth grade, and resided just downhill from the main
Boy Scout camp, Friedlander.
One of the attributes of Cub World that makes it unique is called Challenge Camp. Normally we would hold three or four day camp sessions for
scouts, but for two weeks in July, we would bring in kids from the city to experience nature and gain scouting skills. Teaching these kids, so eager to
learn, itself, was rewarding, but what made the staff honestly love Challenge Camp was that they didn't stay the night. They would return home at three
pm, and we would receive the rest of the day off.
One afternoon, six other staff members and I between the ages of 14 and 16 decided that we wanted to explore the creek on the edge of camp.
Sometimes we took the campers down there to search for fossils, but we weren't allowed to travel past a certain point. Today, we wanted to venture
beyond and examine how far the creek went. First, we needed to hike through some fields and then wade through a bit of stinging nettle, but
eventually, we reached the water. We were all expecting to become fully drenched, so we brought bathing suits and water shoes. It started off shallow,
but gradually grew deeper and deeper, with some areas of the creek as high as waist deep. After
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Environmental Analysis Of Hwy 19 ( Walmart )
On the above date and time, I was conducting an area, check of, 8701 Us Hwy 19 (Walmart) in my marked patrol vehicle when I smelled a strong
odor consistent with marijuana coming from the West side of the grocery entrance.
Upon approach to the West side of the business, I observed three white males squatting on the curb next to a green Jeep utility consumingalcohol from
a dark color bottled labeled "Bud Light." As I exited my patrol vehicle and proceeded toward the three subjects, the odor of marijuana became stronger.
While present with the subjects Walmart Manager Kathleen Ritz arrived on scene and advised that she would like to have the subjects trespassed. Ritz
further advised that all of the subjects had been drinking alcohol in ... Show more content on Helpwriting.net ...
This information was confirmed in the Drivers and Vehicle Identification Database, (D.A.V.I.D.), and identified her as, Carly Scott. Scott advised she
didn't know what was going on and had nothing to do with Jared or the other two unidentified subjects. Scott advised the vehicle was her fathers and
that he was not in town at the moment.
Contact was made with the subjected detained in the back of Officer Cox's patrol vehicle. The male subject identified himself as Jared's brother, Joshua
Depew. Joshua's identity was confirmed using D.A.V.I.D. Joshua stated that if any marijuana was left anywhere it was his. Joshua further stated that
this incident was his fault and that he needed a ride for alcohol, so his brother, (Jared) enlisted his girlfriend, (Scott), to drive to Walmart for him.
Joshua kept stating that everything was his and to take him to jail, not Scott or Jared. When asked about the other unidentified male, Joshua was only
able to provide a first name of, Joshua.
Contact was then made with the male subject named Joshua in the back of Officer Hartmann's patrol vehicle. The subject advised that his name was
Joshua Bene, and provided hid date of birth. This information was confirmed in D.A.V.I.D. and identified him as Joshua Bene. Bene advised that he
was just along for the ride and alcohol.
A search of the vehicle yielded negative
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Susan W. Brenner’s CyberCrime: Criminal Threats from...
Susan W. Brenner's Cybercrime: Criminal Threats from Cyberspace is scary, exciting, and informative all in one book. It takes you on rollercoaster
from start to finish as your eyes are opened to the realities of cybercrime and cybercriminals' capabilities as our technologies have progressed.
Brenner's book is an excellent piece for those that are not savvy about technology terminology and cybercrime. Brenner opens by giving an example
of the chaos that a cybercriminal can make and the long distance at which this can occur. In Townsend, Massachusetts, a group of eighth graders at
Hawthorne Brooke Middle School chatted online to each other in a chat room for Limp Bizkit fans. They spoke not only of the band but also about
personal things... Show more content on Helpwriting.net ...
nuclear arsenal and almost starts World War 3. After the movie, there was an increase in the number of younger people going through the country's
computer systems without permission; this rise was also contributed to the creation of the personal computer. Hacking, at this time, was seen as
popular, but this idea changed when the FBI released information that hackers were responsible for $200 million a year in credit card fraud (Brenner,
2010, p. 16). Malware also emerged in these beginning times of computers. Viruses came about with mainframe computers; a virus affected systems
through files transferred between mainframes on magnetic tape before personal computers became available. The first virus to affect personal
computers came quickly after their release and was spread by infected disks. As the Internet became available and more popular, people quickly realized
the downsides of having this new technological advancement. Worms and viruses spread quickly as computers became connected over networks and
their vulnerabilities were recognized. People then understood the potential threat that their computers faced that was not possible with the mainframes
(Brenner, 2010, p. 22). With the sophistication of the Internet and personal computer beginning in 1990, cybercrime became much more common and
intricate. The famous hacker, Kevin
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Three Claims Against Toca
1) Decide what the District Court should conclude on each of the three claims against Toca,
Computer Fraud and Abuse Act prohibits anyone from intentionally damaging a computer without authorization while, prohibits unauthorized users
from causing damage recklessly, and from causing damage and loss negligently (Zetter, 2014). However, the defendant has access to thecomputer
without authorization which in this case, Toca's accusation to Becker is similar. Thus, in this act, intruders are held accountable for any damage they
cause intentionally by trespassing on a computer, even if they did not intend to cause that damage.
2) The appellate court should affirm Phillips' conviction.
The appellate court should affirm based on grounds of online ... Show more content on Helpwriting.net ...
Myspace contract required registrants to provide accurate information concerning themselves when opening an account and to refrain from using
information obtained from Myspace services to harass other people. The prosecution would turn out into a criminal matter.
5) Under what laws should this defendant be prosecuted and what penalties should he face?
Cyber stalking laws normally classify cyber stalking as a misdemeanor offense. However, a main issue in any cyber stalking case has been proving
identity since, most people do not use their real identities while communicating on the internet (Followill, 2015). In this case, the defendant is known
which should help the prosecution pursue charges more speedily.
Cyber stalking can result in penalties beyond jail time. Thus, if the harassment is proven to be damaging, it could result in a conviction that requires
a defendant to register as a sex offender (Followill, 2015). Numerous employers and renters will not accept or hire someone who is registered as a sex
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Analysis of Mending Wall by Robert Frost Essay
Analysis of Mending Wall by Robert Frost
Robert Frost is describing a process in "Mending Wall", which is repairing a wall that separates his territory and his neighbor's. The wall was
deteriorated during the winter, when the cold frost created cracks and gaps in the wall. He uses a nearly infantile imagination to unravel the mystery of
the damage that appeared suddenly in spring. While they are tediously laboring to reconstruct the fence, Frost is imploring his neighbor about the use of
the wall; his apple trees can be clearly distinguished from his neighbor's pine trees. Yet underneath this quotidian routine, Frost goes beyond the surface
to reveal its figurative meaning.
The poem renders an apparent question: Why do ... Show more content on Helpwriting.net ...
He also uses other devices such as a pun, applied in the line, "And to whom I was like to give offence." The last word of the line simply emphasizes
the importance of the subject, the fence. The most prominent figure of speech, however, is the ironic, "Good fences make good neighbors." This is
completely opposite of the connotation of the poem. Fences do not make neighbors, but strangers that are apathetic towards each other. The neighbor
seems to prefer this approach, to eliminate any risks of trespassing or offenses. Yet what the fence really does is hinder the development of friendship.
This is comparable to the barriers of bitterness, anger, hate, and fear men put between one another that obstruct love and friendship.
The poet also used imagery to appeal to the senses. The puzzling force that abhors the wall "sends the frozen–ground–swell under it, and spills the
upper boulders in the sun."
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Oppression And Lynching Themes
Through all of our readings this past weeks, some of the recurring themes were oppression and lynching. Both themes went hand in hand as lynching,
as mentioned by Bosworth and Flavin, had been "a response to the perceived erosion of white male domination" (Bosworth and Flavin, pg. 77). As
well, they mentioned that such act first surfaced through slavery although, as we were able to read in "The Lynching of Personas of Mexican Origin or
Descent in the United States, 1848 To 1928,"lynching of minorities overall became a highly practiced act by the White race. Inequality, will be
continuously seen in history and in all of our readings as one race tends to enforce dominance over others and create policies or acts that will barricade
the rest from ... Show more content on Helpwriting.net ...
Even though, slavery happened hundreds of years ago, we can observe how our policies continue to represent the laws established to keep slaves
under their owner's supervision. For example, trespassing laws forbid an individual from accessing an area just as slaves were prohibited access
to their owner's home or to stores or basically leave their working space. As well, through SODA, many African Americans are being imprisoned
and forced to work for free while completing their sentences just as slaves were held captive until they paid their debt to their owners and were
made to work picking up cotton, vegetables or grains in the fields. The United States in itself continues to oppress individuals who they believe need
to assimilate to the American culture or have to be forced to leave. Lynching was a common theme because it occurred to several ethnic migrant
groups and so did the oppression that has allowed for new lynching ways to
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Cyber Attacks And The Internet
The terms hacker and hacking are often associated with malicious cyber–attacks carried out by no–name specters wandering around in cyberspace.
These "people" intentionally create virtual chaos for anyone or any computer connected to the internet (global network). Such activities range from
causing system errors–program crashes, lockups, and system shutdowns–to intrusion attempts to gain access to private information or data, and even to
steal personal funds. A decenthacker can gain total control over a user's PC while it's in use. Generally, hackers disrupt the flow of normal everyday
life by manipulating security codes, capitalizing on security vulnerabilities to take advantage of many computer users, private networks, and ... Show
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It is a shadowy task but it is performed only to better protect consumer's physical and virtual property.
A majority consensus views hackers as evil people who do nothing by play around in computers all day to improve their intrusion techniques in order
to steal money, information, and cripple computer systems for various reasons. Based on the second paragraph of this paper, the consensus is
somewhat flawed. The confusion stems from the definition of hacker and how they have been perceived. Hacking was originally defined as the
production of furniture with the use of an axe, but MIT (Massachusetts Institute of Technology–the origination of the replacement term hacker) define it
as students who pulled pranks with the use of a computer. In 1963, a group of MIT students tied up phone lines from both the MIT and Harvard
Campuses, turning lines inactive and using available lines to make long distance phone calls that carried hefty phone charges. This was the first
instance of the term being applied to the young, and rising profession of hacking. It has since then been in permanent use due to the evolutional path of
hacking–the aspect that was widely publicized.
In 1983, the 414s, a group of 6 computer hackers, broke into Sloan–Kettering Cancer Center computer systems and deleted a number of patient billing
information. They, again, broke in Los Alamos National Laboratory known for its research in nuclear technologies. The leader Neal Patrick earned a
reputable
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Use Of Pathos And Logos On Children
BOOM! Now that I have your attention, take a moment and think of all the advertisements you have seen. There are few that you actually
remember in relation to the thousands you have viewed in your lifetime. The advertisements that stick with a person have a certain "wow" factor,
that captivates the viewerr and remains in the back of their head. The Learn for Life Foundation produced a commercial for their Set Yourself Free
campaign. This ineffective ad was used to scare the teens of Australia away from the mistake of missing school, using pathos and logos as their means
of manipulation. A group of friends in conservative school uniforms hop through a window and over a fence, to freedom. One of the groups
companions pulls up to their point of escape in an old Volkswagen esques van, joyfully waving his buddies to get in. As the group enters the van two of
their peers still trapped behind the previously jumped fence stare in disapproval and attempt to dissuade their classmates from leaving school. The
video then cuts to the teens in their van cruising down the highway smiling, laughing, and trading their confining uniforms for liberating everyday
clothes. After their trip down the freeway the group slips through an old, rusted chain link fence, in order to arrive at their final destination, the beach.
The friends spend their time splashing in the ocean, lying in the sand, drinking alcohol, and giving lust filled glance to their significant others.
Eventually one couple
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Essay Laws Restricting the Paparazzi
The paparazzi – a fusion of the Italian words papatacci, meaning gnat and razzi meaning the popping of flashbulbs. It is also known as aggressive
photography. The word paparazzo was coined by Federico Fellini, the name he gave to a prying society cameraman in his 1959 film "La Dolce Vita".
Paparazzi photographers are fueled by large sums of money offered by the tabloid press. They try to catch the rich and famous in unflattering situations.
The new breed of journalism grew by leaps and bounds after the Watergate scandal first broke in Washington, DC (Petersen's, 57). At first thepaparazzi
were an annoying group of photographers who were persistent when trying to get the perfect shot of a celebrity so they could sell the image for large ...
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The bill states that harassment would be considered "persistently physically following or chasing a victim, in circumstances where the victim has a
reasonable expectation of privacy." The way that is defined, victims can sue the police department if they were videotaped "harassing" a suspect like
the Rodney King videotaped beating.
After Bono's death, Rep. Elton Gallegly, a California Republican, offered H. R. 3224, a more carefully defined version of Bono's proposal (Quill,
27). Bono's widow succeeded her husband to keep the Bono name on H. R. 2448. There are many bills being made to stop the most aggressive of the
paparazzi but many take away from the first Amendment, freedom of speech.
Sen. Feinstein's bill, S.2103, differs from the House bills because it also provides for civil actions against members of the press for use of
high–powered lenses, microphones, or helicopters used to trespass for commercial purposes. This provision attempts to supplement existing laws of
trespass, creating a new legal cause of action for new forms of trespass made possible by modern technology. Victims can recover compensatory, and
punitive damages and may also seek injunctive and declamatory relief (Quill, 21).
All three paparazzi bills–H. R. 2448 and 3224 in the House, and S. 2103 in the Senate–would, in their own way, create new criminal and civil penalties
for commercially motivated invasions of
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Two Rule Assignment
The Two Rule Assignment by Josephine Boadi
1st Rule:
Trespassers are NOT permitted on school property. Students are expected to report trespassers to a staff member immediately. Failure to do so may
result in suspension. Castlebrooke students may not visit other schools unless participating in school–sponsored activities students who trespass at other
schools may be suspended. Castlebrooke has a "no visitors" policy.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1.Describe the best way for students to oppose this rule. Should you simply make your opinions known to those in authority? Should you openly defy
this rule? Is there a specific person or group of people you
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Thrifty-Tel, Inc. V. Bezenek Case Summary
Prior Court Cases
Thrifty–Tel, Inc. v. Bezenek 1996
Trespass of chattels was first applied to the electronic context in 1996. The case Thrifty–Tel, Inc. v. Bezenek involved the illegal access of the plaintiff's
computer systems. Thrifty–Tel Inc. provided customers with long distance telephone service. Customers of Thrifty–Tel Inc. had their phones
programmed with an access code and a six digit authorization code. The six digit authorization code directs all outgoing calls to Thrifty–Tel Inc. carrier
system and the calls would be handled from there. Knowing both the access code and the authorization would allow a user to make unauthorized calls
without being charged for the service. The Bezenek family was able to gain the access code from a friend working at Thrifty–Tel Inc. The Bezeneks...
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v. IMS was actually a series of multiple cases where multiple marketing companies sent an estimated amount of 60 million spam emails through
America Online's computer network. The court ruled the defendants access of America Online's database was both intentional and without authorization.
The second case America Online, Inc. v LCGM, Inc. revolved around the action of LCGM sending pornographic website advertisement to customers
of America Online. In addition to LCGM's use of America Online's server, LCGM attempted to trick customers into opening the spam mail by altering
the spam mail to appear as if it was sent by America Online. The court upheld the previous ruling of America Online, Inc. v. IMS, that sending spam
email to customers of an Internet Service Provider using said provider's computer system constitutes a trespass of chattels.
Current Case
EBay vs Bidder's edge was one of the first court cases where trespass of chattels extended to screen scraping and data harvesting. Screen scraping is
using software to gather information from other website and data harvesting is the use of the data from screen scraping for commercial
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Computer Forensics And The Internet
introduction to computer forensics
In today 's world, people must keep up with technology in order to conduct their daily routines. Technological advances now allow people to remain
in the comfort of their homes while they carry out everything from ordering groceries from the store or videoconferencing with someone around the
world can be done electronically. Since its beginnings in the 1990s, people use the Internet in their everyday lives, they rely on it for a safe and
accurate exchange of information on a global scale. Personal data such as Social Security numbers, credit card numbers, and passwords are constantly
traveling from one computer to another. With security measures in place to protect this sort of information online, most... Show more content on
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A computer forensics expert can recover information and computer evidence even if it has been hidden, encrypted, or deleted. In computer forensics,
time is of the essence and an investigation must be performed in a timely manner to prevent information from disappearing forever. An important
aspect of a computer forensic investigation is that the computer forensics expert must be capable of performing the analysis in a manner that will
preserve, identify, extract, document and interpret computer data. The computer forensics analysis must be performed in a manner that conforms with
legal requirements so that the results of the forensics investigation will be admissible in court. Simply powering up a computer can result in many files
being changed. This may affect the admissibility and reliability of digital evidence. The analysis of electronic evidence includes not only the analysis of
documents currently in a computer and those that were previously deleted, but also past versions and alterations of electronically stored documents.
A computer forensics expert can also assist individuals accused of computer crimes. Whether the individual is accused of hacking, computer trespass,
computer fraud, use of a computer to solicit a police officer posing as a minor, or the alleged possession of illegal pornography, a computer forensics'
expertise can be critical in formulating a competent strategy. We can assist your attorney in understanding the many issues where digital
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Cyber Predators And Its Effects On Children
Introduction: The cyber crime I have chosen is cyber–predators. Cyber predators are individuals who commit sexual abuse that begins or takes place on
the Internet. Although the Internet did not create child predators, it has significantly increased the opportunities predators have to meet victims while
minimizing detection. They can communicate with children anonymously through instant messaging, social networking sites, chat rooms, message
boards, and even cell phones. Online predators do not fit any one mold or stereotype; seemingly upstanding citizens have been caught enticing children
for sexual acts. Contrary to popular belief, most online predators are not pedophiles. Pedophiles target pre–pubescent children, while online predators
typically target adolescents who engage in risky online behavior. (Wolak J, Finkelhor D, Mitchell K, Ybarra M. 2008). Describe the type of
cybercrime you selected. Predators take advantage of children's natural vulnerabilities, such as their desire to appear adult or their need for attention.
"Grooming" is the process through which predators play on these vulnerabilities by offering children gifts and attention. It does not happen overnight.
Grooming can be a long process that a patient, tenacious predator has planned and perfected to gain a child's trust. This grooming may lead to the
child's willingness to meet the person with whom he or she is chatting. Offenders will often entice a child into a face–to–face meeting by
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Lease Contract Case Study
List the grounds under which you would sue Charlie. Based upon the lease agreement, we will sue Charlie for the following: Non–payment of rent plus
the remaining months' rent Damages to kitchen wall and window blinds Big hole in the wall Damages to the carpet Renovation of dividing a part
of bedroom into an office Costs and attorney fees Book publisher injuries and any possible lawsuit charges List the arguments you would use to
persuade the Judge to rule in your favor. The arguments we will use to persuade the judge to rule in our favor are the tenant breached seven
covenants on the lease agreement. he failed to follow the lease agreement as outlined, such as lessee has an outstanding balance of $3, 200 for two
months back rent; lessee agrees that the leased apartment shall be occupied by no more than two adults; lessee agreed not assign this lease, or sublet
the premises or any part of the premises without the prior, express, and written consent; it was agreed that lessee will not make or permit to be made
any alterations, additions, improvements or changes in the leased apartment without obtaining the written consent; lessee shall keep no domestic or
other animals... Show more content on Helpwriting.net ...
Lessor failed to follow the lease agreement considering security deposit; lessor did not give lessee 24 hours' notice of showing apartment for
rental; lessor agree to repairs to the interior and exterior of the building; lessor did not give lessee 30 days written notice of any default or breach.
Lessor shall have the right to enter the leased premises for inspection at all reasonable hours and whenever necessary to make repairs and alterations
of the apartment or apartment building, or to clean the apartment. Lessor assured the repairs will be taken care of quickly, however, she failed to
make any repairs. Lessee notified lessor of the defects in the
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The Pros And Cons Of Cyber Hacking
Hacking is one of the main forms of cybercrimes (McGuire and Dowling, 2013: 4). To best understand cyber hacking, it is necessary to first define
cybercrime. Basically, the word "cybercrime" is a media invention, just as "cyberspace" (Jewkes, 2010). Cyberspace is deemed to be the imaginary
space on the internet. Consequently, the crimes committed within this cyberspace are called "cybercrimes" (Yip, 2010: 21). Another connotation
provided by Symantec refers to cybercrime as any crime done with the use of a computer, hardware or network device (Fossi, et al., 2008: 51). Wall
(2008) further explained that cybercrimes are harmful and criminal activities characterised by the acquirement and manipulation of data for various
motives or gains. The term ... Show more content on Helpwriting.net ...
However, the term "misuse" can refer to something as simple as gaining access to an email system for spamming purposes or as grave as stealing
personal or confidential information for various illegal reasons (Wilson, 2001). Hacking does not comprise a mere sequence of commands or
operation as many perceive, but a skill. It is not just a simple term either, thus the wealth of definition and types of hacking. Cyber hacking is also
defined as the practice of altering computer software and hardware with the purpose of achieving a goal that is beyond what it was originality created
for. Those who partake in this practice are typically referred to as hackers (Negi, 2011).
In agreement with the preceding connotation, hacking is likewise defined as an embodiment of an aesthetic comprised of craftiness and
craftsmanship. Hackers are portrayed to be clever and playful. They are those who show their wit via the combination of humour and source code.
Looking in its sociological and historical context, however, the definitions of hacking have melted into a sea of variations (Jordan, 2008; Coleman and
Golub
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I Was Arrested For 11th Degree Criminal Trespassing
On December , I was arrested for 3rd degree criminal trespassing. That day I was heading to go see my dad at the hospital. He had suffered his second
stroke and doctors wanted to talk about what is possible for him since he was hooked on machines and unable to move or communicate in anyway
for himself, i was also his power of attorney so i would speak for him. I was focused on nothing more than seeing my dad, but first i had to drop off my
friend's shoes she had let me borrow. Along the way i saw a walmart and i had not eaten all day andthought i could go in to get some snacks and a
smoothie for my dad. I called my friend to come pick me up at the walmart instead and drive me to the hospital. She didn 't live far so i thought by
the time i came out the store she would have already been outside waiting for me, but that wasn 't the case. My phone had died at that point so i
had no way of calling her to let her know where i would be, so i decided to sit in front of the store where she could see me since the bench inside was
taken by a woman and her kids. 5 minutes later an officer came asking me what i was doing there. I explained to him that i was waiting for a friend
to come pick me up and that she'll be here soon. He said okay but then proceeded to ask me questions like how many times have I been arrested or
how long i have been away from home or rather or not i bought the items in my bag. I didn 't understand why he was asking me all of those questions
and began to feel
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Tort Court Issues
Internet use has become more popular in the last two decades, while in the 80' and 90's the common communication channels were phone and fax,
electronic email has become the norm in the new century; computers and internet use have become ordinary commodities at the workplace. Common
knowledge and internet etiquette (netiquette) teach us essential rules of proper behavior for internet use. It is imperative that we understand that in the
business world, netiquette must go beyond simple rules of common sense and courtesy, and most companies rely on established policies and internal
controls to assure that employees understand the importance of following ethical and legal guidelines when using the internet. These policies are also
important ... Show more content on Helpwriting.net ...
In a tort civil suit, compensatory and punitive damage amounts are awarded in favor of the plaintiff; some conditions need to exist for a tort to be ruled
in favor of a plaintiff. Contrary to a criminal trial, if the defendant is found guilty, he/she only needs to pay the ordered compensatory damages to the
plaintiff, without the need to spend time incarcerated. There are intentional torts, and torts cause by negligence. The intention here is to enlighten you
and your employees of the possible consequences of certain internet usage. There are a number of situations that can bring down a tort civil suit on an
employer; among them is sexual harassment, which has become a common phenomenon of the internet as read in this excerpt, "Sexual Harassment is
the use of sexualized intimidation, insult, and threat to exert control over women. On the Internet, such behavior is more common and more
outrageous than in the physical world because of the anonymity of the communications medium and the disproportionate number of men using it
(Waerner, 2016)." Another cause for torts is dissemination of confidential information; an employee(s) disclosing confidential information pertaining
clients through the use of technology, can put an employer a risk for a tort suit. An important thing to remember is that nowadays, most files can be
sent electronically, and downloads are enabled with just a click of couple of keys, special care need s to be taken to avoid malware or toher risk
associated with viistng at risks sites. Another tort can be for intentional infliction of emotional distress on someone by a person who exhibited severe
and outrageous behavior intentionally (Legal Information Institute, 2016). This can be done through the internet in the form of harassment and
cyberspace bullying, a common issue in social media. Trespass can bring up a
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Executive Summary: Business Analysis
On the above date and time I was conducting a business check of Walmart with loss prevention.
While conducting an area check of the business, LP Officer, Chris Hoerl, was advised that two White females exited the store without paying for
several containers of baby formula. Furthermore, the females attempted to return a cart full of merchandise without a receipt and they were declined by
customer service.
The females were positively identified as they exited through the grocery vestibule. One of the female's, identified as Nicole Ashley Jacobs, was
questioned by Hoerl and admitted that the baby formula was not paid for. However, the other female subject, identified as Martina Violet Humphrey,
continued to be argumentative with Hoerl and deny that the items were not paid for. This "I paid and I didn't pay" went on between both of the subjects
for several minutes. Both subject then admitted that Humphrey didn't pay for the ... Show more content on Helpwriting.net ...
Dispatch did advise me that Humphrey was currently on federal felony probation until 10/19/2018.
Humphrey's then started to become agressive and causing a disruption by shouting profanity when I mentioned her committing a crimee while on
probation. Humphrey's was then detained in handcuffs and escorted out into the Walmart parking lot where my patrol vehicle was located.
While escorting Humphrey's out, she started to shout "police brutality, somebody record this," as she continued to try to resist me by pulling away. I
next atttempted to place Humphrey's in the right rear passeneger side of my patrol vehicle. Humphrey refused to get into my vehicle and continued to
resist by pulling away and screaming excessively.
I then walked Humphrey's around to the driver's side rear door of my patrol vehicle as she continued to scream and resist by trying to pull away from
me with her arms. This was observed by two Walmart employees who were in the parking
... Get more on HelpWriting.net ...
Tort And The Law Of Tort
The word of tort originally comes from the Latin word of tortus, that meaning twisted and tort in French meaning wrong. The law of tort is deferent
from criminal law and the law of tort derived from common law. Tort is "a wrongful act, not including a breach of contract or trust, that results in injury
to another's person, property, reputation, or the like, and for which the injured party is entitle to compensation."
Trespass to land means that someone without permission enters directly to others land and remains on the land, even they not leaving after the owner
of land ask them to leave.
In this scenario firstly, going to consider on Harry who owns the WizadWord park as he flies a huge helium balloon above the park and the wind
push the balloon time to time to passes over Draco's land. As the balloon passing time to time the Draco land, without his permission causing problems
and the balloon it is attached to the ground by a steel cable. In Anchor Brewhouse Development V Berkley House ( Docklands) Developments(1987),
defendant were using tower crane and the crane passing time to time over the land of plaintiff and this was held trespass to the plaintiff 'airspaces.
There is not deferent between crane and the balloon, because balloon attached to the ground as the crane attached to the grand.
In case of Bernstein v Skyview General Ltd, the defendant took a photograph from plaintiff land, bay flaying over the land of plaintiff but the court not
liable defendant for
... Get more on HelpWriting.net ...

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Networked Economies And Crime.

  • 1. Networked Economies And Crime. Networked Economies and Crime Litonja White Kentucky State University Networked Economies and Crime Introduction Over the past few years, human societies all over the world have established some increasingly close contacts. The pace at which global integration has been taking place over the past few years has increased dramatically. There have been many unprecedented changes in transportation, computer technology and communications and these have made the world an interdependent global community. Many multinational companies make their products and market them all over the world. Raw materials, technology and money now move faster than ever across borders. Cultures and ideas are also exchanged freely across borders.... Show more content on Helpwriting.net ... One of the most common basic differences is that the patron–client organization is more often associated with breaking the law while the bureaucratic type of organization strictly abides by the law and tries to enforce it (Albanese, 2010). In the patron–client model, there is always one individual at the top, leading the whole organization who is commonly referred to as 'the boss'. This type of organization is characterized by a kind of structure where it resembles a family that is neatly and tightly bound together by loyalty and trust to each other (McIllwain, 2005). The boss', patron in this case, main role is to aid the client in either economic or security in terms of protection that is repaid by the same client in terms of duties as per the orders of the patron. This type of network encompasses different types of individuals in its networks includes members of the local community, members of the judicial system, public officials and law enforcement officials. The patron controls a particular geographic region that is referred to as his territory where no one else is expected to trespass. The boss has a counselor and confidant for advice and an underboss that enforces and carries out his orders (McIllwain, 2005). Those underboss has a number of captains whose main purpose is to complete the various goals assigned to them. The ... Get more on HelpWriting.net ...
  • 2. Miranda Burr I. Defendant Miranda Burr is guilty of committing computer crime under H.R.S. В§ 25.377(4) because she was not authorized to access the lottery terminal and defraud Hip Hop 2 It. The court should deny defendant Burr's motion for judgment of acquittal because she violated H.R.S. В§ 25.377(4) and committed computer crime. HRS 25.377(4) states that, "Any person who knowingly and without authorization uses, accesses or attempts to access any computer, computer system, computer network, or any computer software, program, documentation or data contained in such computer, computer system or computer network, commits computer crime." H.R.S. В§ 25.377(4) (2017). Miranda Burr violated this statute when she accessed the lottery terminal without authorization ... Show more content on Helpwriting.net ... State v. Gaines, 346 Or. 160, at 171–72 (Or. 2009). In Gaines, the court held that amendments to O.R.S. В§ 174.020 provided a methodology in interpreting statutes for the court. Id at 171. Gaines held that when a court is to determine a statute's meaning the court will first look to the statutes text and context to interpret its meaning. Id. Additionally, Gaines held that the legislative history of a statute can be utilized when proffered by one of the parties. Id at 171–72. The Gaines court held that it is up to the determination of the court as to how much weight would be given to the legislative history in its analysis. Id at 172. Finally, if the statute is still ambiguous after analyzing the text, context, and legislative history, then the court may utilize "general maxims of statutory construction to aid in resolving the remaining uncertainty." Id at 165. In the case of Miranda Burr, an examination of the text, context, and legislative history of H.R.S. В§ 25.377(4) illustrates that Burr is guilty of committing a computer crime and that the court should deny Burr's motion for judgment of ... Get more on HelpWriting.net ...
  • 3. Intentional Interference With Property Case Summary Interference with Property What is Interference with Property: Intentional interference with property is the section under intentional tort law that protects a citizen from having their land trespassed on, chattels stolen or obtained by people that should not have their items.It is also the act that protects your rights as a Canadian citizen to privacy and protection of property. Types of Interference with Property: There are four main sections under which intentional interference with property can be broken into; Trespass to Land, Nuisance, Trespass, to Chattels, and Conversion, each put in place to preserve the rights each citizen has when it comes to privacy. Trespass to Land– deals with the most well known type of... Show more content on Helpwriting.net ... –Half way through the payment schedule, you sell the big screen because it 's the only thing you have that can get you a chunk of money –What kind of interference with property is here? (Trespass to Land, Nuisance, Chattels, Conversion) Case Study Rogers v. Board of Road Com'rs for Kent County BRIEF SUMMARY ON THE CASE: The Board of Road Commissioners for Kent County (Board) (defendant) had a license agreement to place a snow fence on land owned by Rogers'(plaintiff) husband. The Board set up the snow fence pursuant to the license agreement. Under the license agreement, the fence, including the anchor posts, would be removed by the Board at the end of the winter season. At the end of one winter season the Board removed the snow fence but did not remove a steel anchor post that protruded six to eight inches above the ground. The grass in the area where the post was located grew to a height that completely hid the post from one's view. On one particular day in July, while Rogers' husband was mowing an area where the snow fence had been located, the mowing bar on her husband's tractor struck the steel post that was hidden from view. As a result of the impact, Rogers' husband was thrown from the seat of the tractor. Rogers' husband died from the accident. Rogers sued the Board for ... Get more on HelpWriting.net ...
  • 4. Brown Vs Smith Brown v Smith In the club bar Smith, by way of a practical joke, pulled a chair away just as Brown (the referee) was about to sit down, resulting in Brown falling over and striking his head on the floor. Therefore S. may be liable under the rule in Wilkinson v Downton, in addition to battery. He will not be liable for assault since this requires reasonable apprehension by B and that does not seem to be the case. Battery has been defined earlier when discussing his liability for J's injury, so although the elements from the criteria will not be repeated here it will still apply to this scenario. Both the act and immediate infliction can be dealt with together; in this case, the act of pulling the chair away was a positive act and was immediately inflicted since B. was about to sit down instantly, as a result of which he fell and injured his head. As for intention, its scope is argued to be wide enough to cover practical jokes (Williams v Humphrey); for example, pushing someone into the pool, or even an amicably intended kiss, can be argued to amount to battery. In this case, even if S. were to argue that,... Show more content on Helpwriting.net ... However, it is hard to establish the liability for this tort due to the low number of case–law, and even then, they are mostly conflicting. In Wainwright v Home Office, the courts have held that the defendant needs to at least have acted recklessly "without caring as to whether they caused harm"; simply emotional distress is not enough. This case approved the definition in Wong v Parkside NHS Trust, with the degree of harm being such that the defendant "cannot ... say that he did not "mean" to do it" (the intention being a combination of likelihood of harm and deliberate engagement). More recently, in Rhodes v OPO it was held that the defendant must have intended to cause physical harm or severe mental or emotional ... Get more on HelpWriting.net ...
  • 5. No Trespassing Sign In Town Need for No Trespassing Sign in Town Driving through Colorado is one of the most amazing trips to take; the Rocky Mountains are spectacular and the diversity in scenery is never boring. As one drives through much of the state, it is quite noticeable there are many fences and signs posted with signs saying, PRIVATEPROPERTY – KEEP OUT or POSTED – NO TRESPASSING along almost every stretch of land, except for state or federal land Bureau of Land Management (BLM) land (www.blm.gov, n.d.). It is understandable to have a posted sign on isolated land or a large acreage of property not often frequented by the owners; however, seeing a no trespassing sign in town, in a fenced yard seems to be a bit unnecessary. Why would a homeowner in a town want ... Show more content on Helpwriting.net ... The history of the Arnotts in Crested Butte goes back almost as long as the town has been established, being incorporated on July 3, 1880 (www.crestedbutte–co.gov, n.d.). Crested Butte is a mountain town sitting at an elevation of 8,885 feet and is located 28 miles north of the City of Gunnison, in Gunnison County (www.crestedbutte–co.gov, n.d.). John Hunter Arnott was born March 6, 1865 in Steeland, Saline, Fife, Scotland; he immigrated to the United States in 1888, and became a naturalized citizen of the United States on October 26, 1894 in Gunnison, Gunnison County Colorado (Arnott, H., 2012). The following is an excerpt provided with permission from Lynelle Arnotts' account of John Hunter Arnott, through her collection of ancestry information regarding the Arnotts and ... Get more on HelpWriting.net ...
  • 6. Case Study: Operation The Sun Has Set On May 1, Florida authorities executed search warrants at an Orange City plant nursery that was allegedly doubling as a drug compound. The raid, which was dubbed "Operation the Sun Has Set," led to the arrest of 21 people. According to the Volusia County Sheriff's Office, investigators began looking into C.J.'s Nursery several months ago after receiving multiple tips and complaints about possible criminal activity taking place at the location. Deputies were able to obtain search warrants after an undercover officer gained entry to the property, which is located at 711 Sunset Avenue, to purchase methamphetamine. During the subsequent raid, officers from multiple law enforcement agencies allegedly uncovered a .35–caliber rifle, 8 grams of meth, ... Get more on HelpWriting.net ...
  • 7. Intentional Torts And False Punishment Introduction This week we have been introduced to intentional torts, including battery, assault, trespass of land, trespass of chattels, conversion and false imprisonment. Most of us are blind to tortious acts, yet they are clearly occurring around us. This class will, in part, give us an attorney's awareness of torts in the real world. In 2005 there were 2,012 intentional torts, slander/libel, false arrest/imprisonment, and conversion claims in state courts. (Thomas H. Cohen) Many more torts are too minor to ever result in a lawsuit. Below, I will discuss intentional torts that I have experienced or which may occur in my daily life. Assault I commute into the city on the MBTA commuter rail several days a week. It is typically an orderly, quiet ride. However, winter delays cause extreme overcrowding that makes otherwise reasonable riders irritable. Unavoidable bumping and jostling occurs but does not constitute a tort. However, not long ago I was standing on a very crowded train when an irate man yelled at me to move – or, he was going to move me out of the way himself. I had no place to go and I was certainly in fear (or apprehension, rather) that he would push, shove or otherwise place his hands on me. Restatement (Second) of Torts В§21 states that an individual is liable for assault if he/she intends to "cause a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such a contact, and (b) the other is thereby put in ... Get more on HelpWriting.net ...
  • 8. Cause And Effect Of Littering Research Paper Living in Grand Junction during the spring time is wonderful. With the cool mornings and nice t–shirt weather during the afternoons it is almost like being in San Diego. This weather tends to attract people toward the outdoors. While out exploring nature people tend to litter and trespass on fragile environments. This lack of respect for nature is unwarranted. When going up to the Grand Mesa no one wants to see trash lying around, it is a hazard to wildlife and an eyesore. Respecting nature and its inhabitants is important and should be a priority to those out exploring it. When camping or just setting up an area to hang out for a day people tend to be forgetful and leave items behind. It takes only a few extra minutes to make sure there... Show more content on Helpwriting.net ... There is absolutely no reason to leave trash behind. There are so many risk due to the negligence of others. With the vigilance of other people, keeping these parks and the animals that live there should be easy. At least one would think. Unfortunately, some people lack respect for ourenvironment or are just lazy. These people pose a threat to the all national parks, not just our own. There needs to be a way to teach those people that their actions or lack thereof are a threat to parks. Teaching people that nature is something to be respected is important. It may help prevent them from littering and trespassing. Everyone should have the opportunity to explore the great outdoors, but everyone should also understand that there are rules and fines in place for a reason. There is no reason to litter or trespass and to do so is irresponsible. Respecting nature and its inhabitants is important and should be a priority to those out exploring ... Get more on HelpWriting.net ...
  • 9. Case Study : Shoplifting And Forgery Case Study, Tanja: Shoplifting and Forgery It can be a slippery slope when handling juvenile offenders for victim's rights must be respected; ergo, although confinement is alleged to contribute to high recidivism rates, often justice must take precedence regardless of fiscal expense. Confinement is necessary to incapacitate violent offenders; however, there are better alternatives for non–violent offenders who are not career criminals. The impact of juvenile detainment creates tremendous hardships on the youths' immediate family, presents higher recidivism rates which further endangers the community at large, and obstructs the youths' transition into adulthood. Alternatives which can plausibly maintain youth in their family residence where they continue engaged in school receiving support from family members and mentors is the preferred option. The purpose of the juvenile courts is to provide treatment to youth offenders as opposed to punitive discipline, the goal being de–carceration. This dissertation will provide this student/advocates determination of sanctions that I would impose if I were a judge presiding over Tanja's case. Tanja's Upbringing Tanja is an only child in a one parent household. Her parent's separated when she was 14 years old. She resides with her mother and her father resides in another state. Tanja does communicate with her father through telephone and letters. Daddy–less girls generally struggle with feelings of self–esteem and unworthiness; ... Get more on HelpWriting.net ...
  • 10. Essay about Breakfast of Champions "Breakfast of Champions" In Kurt Vonnegut's Breakfast of Champions, the narrator believes Americans are doing the best to live "like the characters in story books" (pg. 49). He believes that the problems our planet faces are a direct result of our individual desires to attain our story book perfect lives. Through this "colorful" and outrageous story of two white men, Kilgore Trout and Dwayne Hoover, Vonnegut twists in some of his concerns and criticisms of the typical American life with humor and sarcasm. His criterion is so insightful and ahead of his time that I could not believe it was published in 1973. Living these "story book" lives "encourages people to kill one another and themselves for the effect of a dramatic ending" (pg. ... Show more content on Helpwriting.net ... We no longer stop to enjoy the beautiful things and sites around us and instead we surround ourselves with the ordinary. He addresses slavery in a very peculiar way. I don't think many today would openly make the sorts of statements he made, but he did have a point. Which explains why after slaves were freed in the North, they still were not allowed to own property or vote for decades. "They used human beings like machinery, and even after slavery was eliminated, because it was so embarrassing, they and their descendants continued to think of ordinary human beings as machines" (pg. 11). He concedes that slavery was wrong, but because it had been a way of life for so long, it was difficult to overcome the need for it. "The victors in that war were cheated out of the most desirable spoils of that war, which were human slaves" (pg. 164). Doing away with slavery was a monumental success for this country and a great step towards creating the America we know today, but then it meant more paid laborers and less money available to land owners, so they weren't that willing to accept change. "Earthling's use automobiles to destroy their own planet" was what Vonnegut called "plague on wheels" (170). With automobiles roaming the road, more roads need to be constructed leaving very little available free space. The car's exhaust emits emissions that break down our sun protection ... Get more on HelpWriting.net ...
  • 11. Cyber Criminology: Exploring Internet Crimes and Criminal... Almost everyone everywhere in the world has either used or owned a computer. If there was an Internet connection, then they have all been connected together across that medium. But when you are just browsing the Internet or looking at your choice of social media site, did you know that you are getting attacked by some sort of malware or could be verbally assaulted by an individual? In Cyber Criminology: Exploring Internet Crimes and Criminal Behavior by K. Jaishankar, he describes all the ways people across the world are attacked everyday by some sort of malware or by an individual, such as a pedophile. Certain topics that will be discussed are subcultures in cyberspace, types of hackers/crackers, virtual sex offenders along with ... Show more content on Helpwriting.net ... 4). As described by Jaishankar and Adeniran, "the yahooboys do all of these criminal activities as a cafГ© culture" (Adeniran & Jaishankar, 2011, p. 4). Poverty is very high in Nigeria, so these yahooboys seek to spend their lives online in order to con or trick people in order to make an income for themselves so they can try to escape poverty in their country/village (Adeniran & Jaishankar, 2011, p. 4–5). The three main aspects that effect the growth and population of yahooboyism are the political government, the economics, and social factors of Nigeria (Adeniran & Jaishankar, 2011, p. 4–5). The political government in Nigeria is very corrupt, which makes it hard for the individuals who live there to make money for themselves in order to get out of poverty. The economics and social features fall hand in hand with the corrupted political government, for it is hard to get a country together and growing when the government is trying to overrun all the people with its power to become unstoppable. With the government being corrupted as it is, this would lead the people to think that "cafГ© culture" would be acceptable and allows more and more people in Nigeria to join into this lifestyle of Internet hacking/scams (Adeniran & Jaishankar, 2011, p. 5–6). In order to fix this, the government needs to improve regulations on the Internet, they need to make special programs/activities for the youth to keep them off the Internet, and to give unemployment ... Get more on HelpWriting.net ...
  • 12. Taking a Look at Cyber Crime Introduction Cybercrime describe a heinous act that interferes with the functioning of the computer networks by exposing the users of the networks together with the systems to risks. The act is committed intentionally with the objective of creating interruptions that disrupt the normal functioning of the system. Computer users feel the harm directly or through a second party depending on the nature of the tool used in committing the crime (Hull and Sivanesar, 2013, p 98). Computer users across the globe are facing threat, due to the rise in cases of cyber crime, and this is necessitating the intervention of the government through enactment of policies that govern the usage of computer technology. According to Richardson (2008, p 3), cyber crime has grown to catastrophic levels thus posing a challenge to global security. Consequently, besides cyber crime affecting the security of individual users of the system, it has a significant effect on the social, political and economic aspects of people's live hood. As discussed in the piece, cyber crime is an advanced form of violation of the law that poses challenges that were inexistent to the globe prior to the introduction of computers. Forms of Cyber Crime Critics categorize computer crime into two groups namely; offences targeting people using computers, and offenses, which interfere with the functioning of computer networks. The common crimes that affect networks in this case include viruses, restrictive access, and malwares. ... Get more on HelpWriting.net ...
  • 13. Farmer V Pilot Essay Does Farmer have any claim(s) for damages against Pilot based on intentional tort? Discuss. Rule of Law : The essential requirements of intentional torts are the elements of intent, injury, damages and causation. The concept of 'intention' does not require that Defendant (D) know that his/her act will cause harm to the Plaintiff (P), but must know with substantial certainty that their act will result in certain outcomes (landing of the plane on the P's land). To successfully make a claim against D, P must prove that D acted with purpose when he landed the plane on P's property, that the act was intentional and it lead to the injury suffered by P (loss of land and crops) and the resulting damages to P's land and crops. It is clear ... Show more content on Helpwriting.net ... IV.P was in possession or was entitled to immediate possession of the land when thetrespass took place. V.Trespass was caused by the D's act. Based on the facts, it is clear that the Pilot has a prima facie case for 'trespass to land'. The facts are clear that the i) Pilot intended to land on the Farmer's land; ii) Pilot did land on the Farmer's land; iii) the Farmer had not expressly authorized the entry. [3] However, as a defense privilege we have to review the law in terms of implied consent (implied in–fact and implied in law) and the application of necessity case law. The urgent nature of the circumstances and the availability of limited options (sub–division of homes, trees of vacant land) provide a basis for implied consent. Implied in–fact consent would be an objective manifestation as a reasonable person would consent under the circumstances especially when taking into account the loss of life against the loss of property. Per case law, the courts have ruled that loss of life over–shadows loss of property. Similarly, implied in–law consent would need to be reviewed under the rule of law and the benefit of the public, considering the options between landing on a housing tract versus landing on a vacant farm where the potential of damages would be significantly lower. The same elements of urgency and limited available options also provide the defense privilege under the rule of law of 'necessity'. If the defense falls under the preview of 'public ... Get more on HelpWriting.net ...
  • 14. Literary Analysis Of Mending Wall By Robert Frost Analysis of Mending Wall by Robert Frost Robert Frost is describing a process in "Mending Wall", which is repairing a wall that separates his territory and his neighbor's. The wall was deteriorated during the winter, when the cold frost created cracks and gaps in the wall. He uses a nearly infantile imagination to unravel the mystery of the damage that appeared suddenly in spring. While they are tediously laboring to reconstruct the fence, Frost is imploring his neighbor about the use of the wall; his apple trees can be clearly distinguished from his neighbor's pine trees. Yet underneath this quotidian routine, Frost goes beyond the surface to reveal its figurative meaning. The poem renders an apparent question: Why do people build unnecessary ... Show more content on Helpwriting.net ... For example, he indicates that the practice of mending the barrier is futile, when he states the metaphor, "Oh, just another kind of outdoor game...it comes to little more." Another metaphor he used is "Spring is the mischief in me." Mischief here does not refer to anything relative to evil, but to friskiness that attempts to "put a notion in his head." Yet this attempt is in unavailing, and the neighbor continues to repair the wall, and in the simile, "Like an old–stone savage armed", Frost attests that his neighbor has the stride and stubborn ignorance of a caveman. He also uses other devices such as a pun, applied in the line, "And to whom I was like to give offence." The last word of the line simply emphasizes the importance of the subject, the fence. The most prominent figure of speech, however, is the ironic, "Good fences make good neighbors." This is completely opposite of the connotation of the poem. Fences do not make neighbors, but strangers that are apathetic towards each other. The neighbor seems to prefer this approach, to eliminate any risks of trespassing or offenses. Yet what the fence really does is hinder the development of friendship. This is comparable to the barriers of bitterness, anger, hate, and fear men put between one another that obstruct love and ... Get more on HelpWriting.net ...
  • 15. Research Paper On Drones Should we make drones illegal? Whether you have seen them or not,drones are becoming very popular. They are becoming so popular that over 1 million drones were sold this last Christmas,but are these drones causing problems in society,and if so should they become illegal? For most drones do cause problems in society. According to the Consumer Technology Association, "the issue is becoming more and more urgent as an estimated 700,000 drones were sold last year." A man named William Meredith saw a drone flying over his land, so he did what he thought was right and shot the drone with a shotgun. Situations like this are why we need to make a decision if we want to make drones illegal, or continue allowing them. Some people argue that drones are ... Show more content on Helpwriting.net ... This means is that drones are capable of doing a lot of things and we need to make a decision on what we are going to do so they are not harming anyone, or anything. Additionally, the Secret Service officials said,There is a potential that these devices, which can be purchased cheaply and easily, could be modified to carry explosives or weapons.This means is that the Secret Service knows that drones are starting to be used for terrorism and needs to be stopped.Lastly, Larger models that can carry payloads of up to 30 pounds are available on the market and are expected to become more common.In other words drones are becoming capable of holding 30 pounds, and that 30 pounds could be explosives or anything else that is harmful.All in all,It is clear to see that It is absolutely critical that drones become illegal because drones are being used for terrorism. In conclusion, Even if opponents argue that drones are a great piece of technology that can make everyday tasks easier, It is obvious that,drones just have way too many issues.It is extremely important that drones become illegal because they are being used for terrorism, they are trespassing on people's property, and are violating other people's privacy rights.Then maybe oneday, if drones are illegal we will not have to worry about trespassing,privacy,and terrorism from ... Get more on HelpWriting.net ...
  • 16. Analysis Of The Five Situations Where The Trespass Should... This essay is going to look at the five situations where the trespass should be applied. The first one is whether Dobby is liable for trespassing to Draco's factory site by using it for hand car–cleaning services even knowing that Draco is aware that it is being used. However there is no consent to do so. The second issue is whether Harry is trespassing the airspace of Draco's property by flying a huge helium balloon several hundred feet above the park and by drifts in the wind it time to time passes over Draco's land. The third issue is if Draco is liable for trespass to person when he throws Dobby into street. The fourth one arises when Harry tells Draco to 'Piss off' and the final the fifth issue is if Harry trespassed to person by ... Show more content on Helpwriting.net ... For example entering as a trespasser with the intention of stealing. To begin with, trespass itself is not a crime at common law. There is the definition of trespass to land is it found in the case Martinelli v Nelson Street Holdings Ltd. and it says– "Intentionally or negligently entering or remaining on, or directly causing any physical matter to come into contact with land in the possession of one more". The trespass to land has to be intentional (requires a direct intentional act) . The first issue that is going to be analysed is whether Dobby is liable for trespass to land by using the derelict state of factory owned by Draco. The owner knows it is being used by Dobby, an unemployed person hoping to put food on his family's table by providing hand car–cleaning services. However there is no consent from Draco to Dobby to do so. As looking in the facts that are in the case, it is necessary to identify if case satisfy all key elements for trespass. It is clear that Dobby did not intend to cause any damage to the land owned by Draco– he was using land for hand car–cleaning services for earning money to buy food for his family. But he intentionally stayed on the property which belongs to another person and this is how he satisfied the element which gives the definition for trespass to land– intention. The rule of intention to be needed in trespass to land is found in the book Clerk & Lindsell on Torts– '[It] consists of any ... Get more on HelpWriting.net ...
  • 17. Essay about Case Study 1. Identify the areas of law that are relevant to the chosen media report, and explain how they are relevant to the matters outlined in the report. This article reports on the security/safety issues surrounding a vacant Peppermint Grove mansion. The mansion is unable to be sold by Radhika and Pankaj Oswell due to unresolved issues regarding unpaid taxes of up to $186 million. Contract Law Earning money in Australia, a contract is entered into with the AustralianTax Office (ATO) to pay taxes according to the amount of income being made. As there has been a dispute with Mrs Oswell owing the ATO a very large sum of money, there is an issue regarding contract law, as she is obligated to pay the money that she owes. ... Show more content on Helpwriting.net ... It is an accepted duty for all people to follow the law, it is also an accepted right for everyone to feel safe. Both of these things can be enforced with criminal law. For example if people breach other's rights to feel safe or simply choose not to follow the law, they can be prosecuted through criminal law. For example in the article the rangers who inspect the vacant property have the ability to enforce the recognised duties of the surrounding community which is to not trespass on the private property. Provides remedies when an injustice has been done. Tort law also provides an example in this function of the law. An example from the article can be seen from the surrounding the property labelling it an accident waiting to happen. If someone was to get hurt on this property, tort law would provide the remedy to the injustice which is lack of security and carelessness in leaving the area unsafe. Tort law would allow for compensation to occur. 3. By reference to the legal issues contained in the chosen media report, explain why it was important for the relevant party/parties to know the law in the circumstances? How did, or could, the party/parties have applied the law to their advantage?
  • 18. Knowledge of the law not only allows us to know what we are able to do, but also what we are prohibited to do. The Oswell's need ... Get more on HelpWriting.net ...
  • 19. The Issue Of Cyber Crimes Essay Jurisdiction is one of the main issues on account of cyber crimes because of the extremely inclusive nature of the cyber crimes. With the constantly developing arm of the internet the territorial concept appears to vanish. New Methods for resolution of dispute should offer route to the traditional techniques. Accordingly, the Information Technology Act, 2000 is quiet on these issues. In spite of the fact that S. 75 accommodates extra territorial operations of this law, yet they could be significant just when supported with provisions which recognizes orders and warrants for Information issued by capable authorities outside their purview and measure for cooperation's for trade of material and evidences of cyber violations between law implementation organizations. Normally the jurisdiction of a court is identified with the place where the offense is committed. This depends on the English common law position that all crimes committed are local and ought to be tried just by the courts which have the jurisdiction over the matter and where the crime has been committed. When there is a confusion with regards to the local area which any crime took place, the courts, inside whose purview even a part of the offense was submitted, is given the jurisdiction to try the matter. Ques.2 Explain briefly the classification of cyber crimes in India? Ans.2The subject of cyber crime may be broadly classified firstly as under the following three groups. 1. Against Individuals a.their ... Get more on HelpWriting.net ...
  • 20. The Pros And Cons Of Computer Privacy Our public, both worldwide and national, depends intensely on computers in innumerable aspects of its everyday operation. This improvement in technology makes it easy for the cooperations to collect people's personal data through their online activities. People pay more and more attention to Internet privacy, They do not want their data to be unauthorized accessed by anyone at anytime. The United State government issued theComputer Fraud and Abuse Act to solve this online privacy problem. In United State, the Computer Fraud and Abuse Act develop quickly, but still, require further revises. In the 1980s, only minority of people have the computer, committing a computer crime needed sophisticated programing skills. Because of the unpopular of the computer, people did not think misuse of the Internet will lead to bad consequence or become a kind of crime. Cooperations or government can easily steal or trespass anyone's account because people think crime always related to the physical interaction of personal property. Quick forward for about thirty years, this is another story. The Internet has been used for every day nearly every home. After the legislators realized the threat of hackers and other intrusions of online data, the Congress of US created a category called crimes of computer misuses. Wargames, a film produced in 1983, talked about a young programmer finds a way to enter the website of military center and almost triggered the World War III. This movie reflects the ... Get more on HelpWriting.net ...
  • 21. Attractive Nuisance Essay Question Presented Whether Sherman, under the attractive nuisance doctrine, will likely prevail against Carlisle for multiple injuries he sustained in a fall from wooden steps of a tree house in disrepair while trespassing upon Carlisle's property when: (1) Carlisle was aware that the neighborhood surrounding his property was populated with children; (2) a severe storm had damaged Carlisle's property and exposed the previously concealed tree house; (3) Sherman was six years of age at the time of his injury; (4) Carlisle had little incentive to make repairs to the tree house prior to the storm because of its concealment; (5) immediately following the storm, Carlisle made arrangements with a contractor at a higher than average rate to make ... Show more content on Helpwriting.net ... Upon entering the yard, they discovered the tree house. The tree house was inaccessible but for a frayed piece of rope that had once been part of a ladder. The rope was beyond the reach of Sherman and the others, so they swung themselves over the lower branches of the tree to reach the lower landing of the tree house. They successfully managed to hoist themselves onto the lower landing from where they began to run along the labyrinth–like walkways and steps in a race to reach the top of the tree house. Sherman was running ahead of the others but tumbled when one of the worn slatted steps splintered and gave way. Sherman fell a long distance to the ground and sustained multiple injuries. Discussion The attractive nuisance doctrine is based on the fundamental fact that children do not possess the same judgment or ability to recognize risk as adults. Johnson v. Wood, 155 Fla. 753, 21 So. 2d (Fla. 1945). Its purpose is to afford the trespassing child, where the elements of the doctrine are met, the same protection, applying the principles of ordinary negligence that would be afforded an invitee on the premises. Martinello v. B & P USA, Inc., 566 So. 2d 762 (Fla. 1990). The burden of proof is upon the plaintiff to demonstrate that each element of the attractive nuisance doctrine is satisfied. Id. at 764. If the plaintiff proves each element of the doctrine, the ... Get more on HelpWriting.net ...
  • 22. Persuasive Speech On The Cub World In the summer of 2016, I worked as a counselor at Camp Cub World. The job didn't pay too well, but it kept me busy and was a wonderful learning experience while having fun. The camp was built for Cub Scouts, or the little boys younger than fifth grade, and resided just downhill from the main Boy Scout camp, Friedlander. One of the attributes of Cub World that makes it unique is called Challenge Camp. Normally we would hold three or four day camp sessions for scouts, but for two weeks in July, we would bring in kids from the city to experience nature and gain scouting skills. Teaching these kids, so eager to learn, itself, was rewarding, but what made the staff honestly love Challenge Camp was that they didn't stay the night. They would return home at three pm, and we would receive the rest of the day off. One afternoon, six other staff members and I between the ages of 14 and 16 decided that we wanted to explore the creek on the edge of camp. Sometimes we took the campers down there to search for fossils, but we weren't allowed to travel past a certain point. Today, we wanted to venture beyond and examine how far the creek went. First, we needed to hike through some fields and then wade through a bit of stinging nettle, but eventually, we reached the water. We were all expecting to become fully drenched, so we brought bathing suits and water shoes. It started off shallow, but gradually grew deeper and deeper, with some areas of the creek as high as waist deep. After ... Get more on HelpWriting.net ...
  • 23. Environmental Analysis Of Hwy 19 ( Walmart ) On the above date and time, I was conducting an area, check of, 8701 Us Hwy 19 (Walmart) in my marked patrol vehicle when I smelled a strong odor consistent with marijuana coming from the West side of the grocery entrance. Upon approach to the West side of the business, I observed three white males squatting on the curb next to a green Jeep utility consumingalcohol from a dark color bottled labeled "Bud Light." As I exited my patrol vehicle and proceeded toward the three subjects, the odor of marijuana became stronger. While present with the subjects Walmart Manager Kathleen Ritz arrived on scene and advised that she would like to have the subjects trespassed. Ritz further advised that all of the subjects had been drinking alcohol in ... Show more content on Helpwriting.net ... This information was confirmed in the Drivers and Vehicle Identification Database, (D.A.V.I.D.), and identified her as, Carly Scott. Scott advised she didn't know what was going on and had nothing to do with Jared or the other two unidentified subjects. Scott advised the vehicle was her fathers and that he was not in town at the moment. Contact was made with the subjected detained in the back of Officer Cox's patrol vehicle. The male subject identified himself as Jared's brother, Joshua Depew. Joshua's identity was confirmed using D.A.V.I.D. Joshua stated that if any marijuana was left anywhere it was his. Joshua further stated that this incident was his fault and that he needed a ride for alcohol, so his brother, (Jared) enlisted his girlfriend, (Scott), to drive to Walmart for him. Joshua kept stating that everything was his and to take him to jail, not Scott or Jared. When asked about the other unidentified male, Joshua was only able to provide a first name of, Joshua. Contact was then made with the male subject named Joshua in the back of Officer Hartmann's patrol vehicle. The subject advised that his name was Joshua Bene, and provided hid date of birth. This information was confirmed in D.A.V.I.D. and identified him as Joshua Bene. Bene advised that he was just along for the ride and alcohol. A search of the vehicle yielded negative ... Get more on HelpWriting.net ...
  • 24. Susan W. Brenner’s CyberCrime: Criminal Threats from... Susan W. Brenner's Cybercrime: Criminal Threats from Cyberspace is scary, exciting, and informative all in one book. It takes you on rollercoaster from start to finish as your eyes are opened to the realities of cybercrime and cybercriminals' capabilities as our technologies have progressed. Brenner's book is an excellent piece for those that are not savvy about technology terminology and cybercrime. Brenner opens by giving an example of the chaos that a cybercriminal can make and the long distance at which this can occur. In Townsend, Massachusetts, a group of eighth graders at Hawthorne Brooke Middle School chatted online to each other in a chat room for Limp Bizkit fans. They spoke not only of the band but also about personal things... Show more content on Helpwriting.net ... nuclear arsenal and almost starts World War 3. After the movie, there was an increase in the number of younger people going through the country's computer systems without permission; this rise was also contributed to the creation of the personal computer. Hacking, at this time, was seen as popular, but this idea changed when the FBI released information that hackers were responsible for $200 million a year in credit card fraud (Brenner, 2010, p. 16). Malware also emerged in these beginning times of computers. Viruses came about with mainframe computers; a virus affected systems through files transferred between mainframes on magnetic tape before personal computers became available. The first virus to affect personal computers came quickly after their release and was spread by infected disks. As the Internet became available and more popular, people quickly realized the downsides of having this new technological advancement. Worms and viruses spread quickly as computers became connected over networks and their vulnerabilities were recognized. People then understood the potential threat that their computers faced that was not possible with the mainframes (Brenner, 2010, p. 22). With the sophistication of the Internet and personal computer beginning in 1990, cybercrime became much more common and intricate. The famous hacker, Kevin ... Get more on HelpWriting.net ...
  • 25. Three Claims Against Toca 1) Decide what the District Court should conclude on each of the three claims against Toca, Computer Fraud and Abuse Act prohibits anyone from intentionally damaging a computer without authorization while, prohibits unauthorized users from causing damage recklessly, and from causing damage and loss negligently (Zetter, 2014). However, the defendant has access to thecomputer without authorization which in this case, Toca's accusation to Becker is similar. Thus, in this act, intruders are held accountable for any damage they cause intentionally by trespassing on a computer, even if they did not intend to cause that damage. 2) The appellate court should affirm Phillips' conviction. The appellate court should affirm based on grounds of online ... Show more content on Helpwriting.net ... Myspace contract required registrants to provide accurate information concerning themselves when opening an account and to refrain from using information obtained from Myspace services to harass other people. The prosecution would turn out into a criminal matter. 5) Under what laws should this defendant be prosecuted and what penalties should he face? Cyber stalking laws normally classify cyber stalking as a misdemeanor offense. However, a main issue in any cyber stalking case has been proving identity since, most people do not use their real identities while communicating on the internet (Followill, 2015). In this case, the defendant is known which should help the prosecution pursue charges more speedily. Cyber stalking can result in penalties beyond jail time. Thus, if the harassment is proven to be damaging, it could result in a conviction that requires a defendant to register as a sex offender (Followill, 2015). Numerous employers and renters will not accept or hire someone who is registered as a sex ... Get more on HelpWriting.net ...
  • 26. Analysis of Mending Wall by Robert Frost Essay Analysis of Mending Wall by Robert Frost Robert Frost is describing a process in "Mending Wall", which is repairing a wall that separates his territory and his neighbor's. The wall was deteriorated during the winter, when the cold frost created cracks and gaps in the wall. He uses a nearly infantile imagination to unravel the mystery of the damage that appeared suddenly in spring. While they are tediously laboring to reconstruct the fence, Frost is imploring his neighbor about the use of the wall; his apple trees can be clearly distinguished from his neighbor's pine trees. Yet underneath this quotidian routine, Frost goes beyond the surface to reveal its figurative meaning. The poem renders an apparent question: Why do ... Show more content on Helpwriting.net ... He also uses other devices such as a pun, applied in the line, "And to whom I was like to give offence." The last word of the line simply emphasizes the importance of the subject, the fence. The most prominent figure of speech, however, is the ironic, "Good fences make good neighbors." This is completely opposite of the connotation of the poem. Fences do not make neighbors, but strangers that are apathetic towards each other. The neighbor seems to prefer this approach, to eliminate any risks of trespassing or offenses. Yet what the fence really does is hinder the development of friendship. This is comparable to the barriers of bitterness, anger, hate, and fear men put between one another that obstruct love and friendship. The poet also used imagery to appeal to the senses. The puzzling force that abhors the wall "sends the frozen–ground–swell under it, and spills the upper boulders in the sun." ... Get more on HelpWriting.net ...
  • 27. Oppression And Lynching Themes Through all of our readings this past weeks, some of the recurring themes were oppression and lynching. Both themes went hand in hand as lynching, as mentioned by Bosworth and Flavin, had been "a response to the perceived erosion of white male domination" (Bosworth and Flavin, pg. 77). As well, they mentioned that such act first surfaced through slavery although, as we were able to read in "The Lynching of Personas of Mexican Origin or Descent in the United States, 1848 To 1928,"lynching of minorities overall became a highly practiced act by the White race. Inequality, will be continuously seen in history and in all of our readings as one race tends to enforce dominance over others and create policies or acts that will barricade the rest from ... Show more content on Helpwriting.net ... Even though, slavery happened hundreds of years ago, we can observe how our policies continue to represent the laws established to keep slaves under their owner's supervision. For example, trespassing laws forbid an individual from accessing an area just as slaves were prohibited access to their owner's home or to stores or basically leave their working space. As well, through SODA, many African Americans are being imprisoned and forced to work for free while completing their sentences just as slaves were held captive until they paid their debt to their owners and were made to work picking up cotton, vegetables or grains in the fields. The United States in itself continues to oppress individuals who they believe need to assimilate to the American culture or have to be forced to leave. Lynching was a common theme because it occurred to several ethnic migrant groups and so did the oppression that has allowed for new lynching ways to ... Get more on HelpWriting.net ...
  • 28. Cyber Attacks And The Internet The terms hacker and hacking are often associated with malicious cyber–attacks carried out by no–name specters wandering around in cyberspace. These "people" intentionally create virtual chaos for anyone or any computer connected to the internet (global network). Such activities range from causing system errors–program crashes, lockups, and system shutdowns–to intrusion attempts to gain access to private information or data, and even to steal personal funds. A decenthacker can gain total control over a user's PC while it's in use. Generally, hackers disrupt the flow of normal everyday life by manipulating security codes, capitalizing on security vulnerabilities to take advantage of many computer users, private networks, and ... Show more content on Helpwriting.net ... It is a shadowy task but it is performed only to better protect consumer's physical and virtual property. A majority consensus views hackers as evil people who do nothing by play around in computers all day to improve their intrusion techniques in order to steal money, information, and cripple computer systems for various reasons. Based on the second paragraph of this paper, the consensus is somewhat flawed. The confusion stems from the definition of hacker and how they have been perceived. Hacking was originally defined as the production of furniture with the use of an axe, but MIT (Massachusetts Institute of Technology–the origination of the replacement term hacker) define it as students who pulled pranks with the use of a computer. In 1963, a group of MIT students tied up phone lines from both the MIT and Harvard Campuses, turning lines inactive and using available lines to make long distance phone calls that carried hefty phone charges. This was the first instance of the term being applied to the young, and rising profession of hacking. It has since then been in permanent use due to the evolutional path of hacking–the aspect that was widely publicized. In 1983, the 414s, a group of 6 computer hackers, broke into Sloan–Kettering Cancer Center computer systems and deleted a number of patient billing information. They, again, broke in Los Alamos National Laboratory known for its research in nuclear technologies. The leader Neal Patrick earned a reputable ... Get more on HelpWriting.net ...
  • 29. Use Of Pathos And Logos On Children BOOM! Now that I have your attention, take a moment and think of all the advertisements you have seen. There are few that you actually remember in relation to the thousands you have viewed in your lifetime. The advertisements that stick with a person have a certain "wow" factor, that captivates the viewerr and remains in the back of their head. The Learn for Life Foundation produced a commercial for their Set Yourself Free campaign. This ineffective ad was used to scare the teens of Australia away from the mistake of missing school, using pathos and logos as their means of manipulation. A group of friends in conservative school uniforms hop through a window and over a fence, to freedom. One of the groups companions pulls up to their point of escape in an old Volkswagen esques van, joyfully waving his buddies to get in. As the group enters the van two of their peers still trapped behind the previously jumped fence stare in disapproval and attempt to dissuade their classmates from leaving school. The video then cuts to the teens in their van cruising down the highway smiling, laughing, and trading their confining uniforms for liberating everyday clothes. After their trip down the freeway the group slips through an old, rusted chain link fence, in order to arrive at their final destination, the beach. The friends spend their time splashing in the ocean, lying in the sand, drinking alcohol, and giving lust filled glance to their significant others. Eventually one couple ... Get more on HelpWriting.net ...
  • 30. Essay Laws Restricting the Paparazzi The paparazzi – a fusion of the Italian words papatacci, meaning gnat and razzi meaning the popping of flashbulbs. It is also known as aggressive photography. The word paparazzo was coined by Federico Fellini, the name he gave to a prying society cameraman in his 1959 film "La Dolce Vita". Paparazzi photographers are fueled by large sums of money offered by the tabloid press. They try to catch the rich and famous in unflattering situations. The new breed of journalism grew by leaps and bounds after the Watergate scandal first broke in Washington, DC (Petersen's, 57). At first thepaparazzi were an annoying group of photographers who were persistent when trying to get the perfect shot of a celebrity so they could sell the image for large ... Show more content on Helpwriting.net ... The bill states that harassment would be considered "persistently physically following or chasing a victim, in circumstances where the victim has a reasonable expectation of privacy." The way that is defined, victims can sue the police department if they were videotaped "harassing" a suspect like the Rodney King videotaped beating. After Bono's death, Rep. Elton Gallegly, a California Republican, offered H. R. 3224, a more carefully defined version of Bono's proposal (Quill, 27). Bono's widow succeeded her husband to keep the Bono name on H. R. 2448. There are many bills being made to stop the most aggressive of the paparazzi but many take away from the first Amendment, freedom of speech. Sen. Feinstein's bill, S.2103, differs from the House bills because it also provides for civil actions against members of the press for use of high–powered lenses, microphones, or helicopters used to trespass for commercial purposes. This provision attempts to supplement existing laws of trespass, creating a new legal cause of action for new forms of trespass made possible by modern technology. Victims can recover compensatory, and punitive damages and may also seek injunctive and declamatory relief (Quill, 21). All three paparazzi bills–H. R. 2448 and 3224 in the House, and S. 2103 in the Senate–would, in their own way, create new criminal and civil penalties for commercially motivated invasions of ... Get more on HelpWriting.net ...
  • 31. Two Rule Assignment The Two Rule Assignment by Josephine Boadi 1st Rule: Trespassers are NOT permitted on school property. Students are expected to report trespassers to a staff member immediately. Failure to do so may result in suspension. Castlebrooke students may not visit other schools unless participating in school–sponsored activities students who trespass at other schools may be suspended. Castlebrooke has a "no visitors" policy. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1.Describe the best way for students to oppose this rule. Should you simply make your opinions known to those in authority? Should you openly defy this rule? Is there a specific person or group of people you ... Get more on HelpWriting.net ...
  • 32. Thrifty-Tel, Inc. V. Bezenek Case Summary Prior Court Cases Thrifty–Tel, Inc. v. Bezenek 1996 Trespass of chattels was first applied to the electronic context in 1996. The case Thrifty–Tel, Inc. v. Bezenek involved the illegal access of the plaintiff's computer systems. Thrifty–Tel Inc. provided customers with long distance telephone service. Customers of Thrifty–Tel Inc. had their phones programmed with an access code and a six digit authorization code. The six digit authorization code directs all outgoing calls to Thrifty–Tel Inc. carrier system and the calls would be handled from there. Knowing both the access code and the authorization would allow a user to make unauthorized calls without being charged for the service. The Bezenek family was able to gain the access code from a friend working at Thrifty–Tel Inc. The Bezeneks... Show more content on Helpwriting.net ... v. IMS was actually a series of multiple cases where multiple marketing companies sent an estimated amount of 60 million spam emails through America Online's computer network. The court ruled the defendants access of America Online's database was both intentional and without authorization. The second case America Online, Inc. v LCGM, Inc. revolved around the action of LCGM sending pornographic website advertisement to customers of America Online. In addition to LCGM's use of America Online's server, LCGM attempted to trick customers into opening the spam mail by altering the spam mail to appear as if it was sent by America Online. The court upheld the previous ruling of America Online, Inc. v. IMS, that sending spam email to customers of an Internet Service Provider using said provider's computer system constitutes a trespass of chattels. Current Case EBay vs Bidder's edge was one of the first court cases where trespass of chattels extended to screen scraping and data harvesting. Screen scraping is using software to gather information from other website and data harvesting is the use of the data from screen scraping for commercial ... Get more on HelpWriting.net ...
  • 33. Computer Forensics And The Internet introduction to computer forensics In today 's world, people must keep up with technology in order to conduct their daily routines. Technological advances now allow people to remain in the comfort of their homes while they carry out everything from ordering groceries from the store or videoconferencing with someone around the world can be done electronically. Since its beginnings in the 1990s, people use the Internet in their everyday lives, they rely on it for a safe and accurate exchange of information on a global scale. Personal data such as Social Security numbers, credit card numbers, and passwords are constantly traveling from one computer to another. With security measures in place to protect this sort of information online, most... Show more content on Helpwriting.net ... A computer forensics expert can recover information and computer evidence even if it has been hidden, encrypted, or deleted. In computer forensics, time is of the essence and an investigation must be performed in a timely manner to prevent information from disappearing forever. An important aspect of a computer forensic investigation is that the computer forensics expert must be capable of performing the analysis in a manner that will preserve, identify, extract, document and interpret computer data. The computer forensics analysis must be performed in a manner that conforms with legal requirements so that the results of the forensics investigation will be admissible in court. Simply powering up a computer can result in many files being changed. This may affect the admissibility and reliability of digital evidence. The analysis of electronic evidence includes not only the analysis of documents currently in a computer and those that were previously deleted, but also past versions and alterations of electronically stored documents. A computer forensics expert can also assist individuals accused of computer crimes. Whether the individual is accused of hacking, computer trespass, computer fraud, use of a computer to solicit a police officer posing as a minor, or the alleged possession of illegal pornography, a computer forensics' expertise can be critical in formulating a competent strategy. We can assist your attorney in understanding the many issues where digital ... Get more on HelpWriting.net ...
  • 34. Cyber Predators And Its Effects On Children Introduction: The cyber crime I have chosen is cyber–predators. Cyber predators are individuals who commit sexual abuse that begins or takes place on the Internet. Although the Internet did not create child predators, it has significantly increased the opportunities predators have to meet victims while minimizing detection. They can communicate with children anonymously through instant messaging, social networking sites, chat rooms, message boards, and even cell phones. Online predators do not fit any one mold or stereotype; seemingly upstanding citizens have been caught enticing children for sexual acts. Contrary to popular belief, most online predators are not pedophiles. Pedophiles target pre–pubescent children, while online predators typically target adolescents who engage in risky online behavior. (Wolak J, Finkelhor D, Mitchell K, Ybarra M. 2008). Describe the type of cybercrime you selected. Predators take advantage of children's natural vulnerabilities, such as their desire to appear adult or their need for attention. "Grooming" is the process through which predators play on these vulnerabilities by offering children gifts and attention. It does not happen overnight. Grooming can be a long process that a patient, tenacious predator has planned and perfected to gain a child's trust. This grooming may lead to the child's willingness to meet the person with whom he or she is chatting. Offenders will often entice a child into a face–to–face meeting by ... Get more on HelpWriting.net ...
  • 35. Lease Contract Case Study List the grounds under which you would sue Charlie. Based upon the lease agreement, we will sue Charlie for the following: Non–payment of rent plus the remaining months' rent Damages to kitchen wall and window blinds Big hole in the wall Damages to the carpet Renovation of dividing a part of bedroom into an office Costs and attorney fees Book publisher injuries and any possible lawsuit charges List the arguments you would use to persuade the Judge to rule in your favor. The arguments we will use to persuade the judge to rule in our favor are the tenant breached seven covenants on the lease agreement. he failed to follow the lease agreement as outlined, such as lessee has an outstanding balance of $3, 200 for two months back rent; lessee agrees that the leased apartment shall be occupied by no more than two adults; lessee agreed not assign this lease, or sublet the premises or any part of the premises without the prior, express, and written consent; it was agreed that lessee will not make or permit to be made any alterations, additions, improvements or changes in the leased apartment without obtaining the written consent; lessee shall keep no domestic or other animals... Show more content on Helpwriting.net ... Lessor failed to follow the lease agreement considering security deposit; lessor did not give lessee 24 hours' notice of showing apartment for rental; lessor agree to repairs to the interior and exterior of the building; lessor did not give lessee 30 days written notice of any default or breach. Lessor shall have the right to enter the leased premises for inspection at all reasonable hours and whenever necessary to make repairs and alterations of the apartment or apartment building, or to clean the apartment. Lessor assured the repairs will be taken care of quickly, however, she failed to make any repairs. Lessee notified lessor of the defects in the ... Get more on HelpWriting.net ...
  • 36. The Pros And Cons Of Cyber Hacking Hacking is one of the main forms of cybercrimes (McGuire and Dowling, 2013: 4). To best understand cyber hacking, it is necessary to first define cybercrime. Basically, the word "cybercrime" is a media invention, just as "cyberspace" (Jewkes, 2010). Cyberspace is deemed to be the imaginary space on the internet. Consequently, the crimes committed within this cyberspace are called "cybercrimes" (Yip, 2010: 21). Another connotation provided by Symantec refers to cybercrime as any crime done with the use of a computer, hardware or network device (Fossi, et al., 2008: 51). Wall (2008) further explained that cybercrimes are harmful and criminal activities characterised by the acquirement and manipulation of data for various motives or gains. The term ... Show more content on Helpwriting.net ... However, the term "misuse" can refer to something as simple as gaining access to an email system for spamming purposes or as grave as stealing personal or confidential information for various illegal reasons (Wilson, 2001). Hacking does not comprise a mere sequence of commands or operation as many perceive, but a skill. It is not just a simple term either, thus the wealth of definition and types of hacking. Cyber hacking is also defined as the practice of altering computer software and hardware with the purpose of achieving a goal that is beyond what it was originality created for. Those who partake in this practice are typically referred to as hackers (Negi, 2011). In agreement with the preceding connotation, hacking is likewise defined as an embodiment of an aesthetic comprised of craftiness and craftsmanship. Hackers are portrayed to be clever and playful. They are those who show their wit via the combination of humour and source code. Looking in its sociological and historical context, however, the definitions of hacking have melted into a sea of variations (Jordan, 2008; Coleman and Golub ... Get more on HelpWriting.net ...
  • 37. I Was Arrested For 11th Degree Criminal Trespassing On December , I was arrested for 3rd degree criminal trespassing. That day I was heading to go see my dad at the hospital. He had suffered his second stroke and doctors wanted to talk about what is possible for him since he was hooked on machines and unable to move or communicate in anyway for himself, i was also his power of attorney so i would speak for him. I was focused on nothing more than seeing my dad, but first i had to drop off my friend's shoes she had let me borrow. Along the way i saw a walmart and i had not eaten all day andthought i could go in to get some snacks and a smoothie for my dad. I called my friend to come pick me up at the walmart instead and drive me to the hospital. She didn 't live far so i thought by the time i came out the store she would have already been outside waiting for me, but that wasn 't the case. My phone had died at that point so i had no way of calling her to let her know where i would be, so i decided to sit in front of the store where she could see me since the bench inside was taken by a woman and her kids. 5 minutes later an officer came asking me what i was doing there. I explained to him that i was waiting for a friend to come pick me up and that she'll be here soon. He said okay but then proceeded to ask me questions like how many times have I been arrested or how long i have been away from home or rather or not i bought the items in my bag. I didn 't understand why he was asking me all of those questions and began to feel ... Get more on HelpWriting.net ...
  • 38. Tort Court Issues Internet use has become more popular in the last two decades, while in the 80' and 90's the common communication channels were phone and fax, electronic email has become the norm in the new century; computers and internet use have become ordinary commodities at the workplace. Common knowledge and internet etiquette (netiquette) teach us essential rules of proper behavior for internet use. It is imperative that we understand that in the business world, netiquette must go beyond simple rules of common sense and courtesy, and most companies rely on established policies and internal controls to assure that employees understand the importance of following ethical and legal guidelines when using the internet. These policies are also important ... Show more content on Helpwriting.net ... In a tort civil suit, compensatory and punitive damage amounts are awarded in favor of the plaintiff; some conditions need to exist for a tort to be ruled in favor of a plaintiff. Contrary to a criminal trial, if the defendant is found guilty, he/she only needs to pay the ordered compensatory damages to the plaintiff, without the need to spend time incarcerated. There are intentional torts, and torts cause by negligence. The intention here is to enlighten you and your employees of the possible consequences of certain internet usage. There are a number of situations that can bring down a tort civil suit on an employer; among them is sexual harassment, which has become a common phenomenon of the internet as read in this excerpt, "Sexual Harassment is the use of sexualized intimidation, insult, and threat to exert control over women. On the Internet, such behavior is more common and more outrageous than in the physical world because of the anonymity of the communications medium and the disproportionate number of men using it (Waerner, 2016)." Another cause for torts is dissemination of confidential information; an employee(s) disclosing confidential information pertaining clients through the use of technology, can put an employer a risk for a tort suit. An important thing to remember is that nowadays, most files can be sent electronically, and downloads are enabled with just a click of couple of keys, special care need s to be taken to avoid malware or toher risk associated with viistng at risks sites. Another tort can be for intentional infliction of emotional distress on someone by a person who exhibited severe and outrageous behavior intentionally (Legal Information Institute, 2016). This can be done through the internet in the form of harassment and cyberspace bullying, a common issue in social media. Trespass can bring up a ... Get more on HelpWriting.net ...
  • 39. Executive Summary: Business Analysis On the above date and time I was conducting a business check of Walmart with loss prevention. While conducting an area check of the business, LP Officer, Chris Hoerl, was advised that two White females exited the store without paying for several containers of baby formula. Furthermore, the females attempted to return a cart full of merchandise without a receipt and they were declined by customer service. The females were positively identified as they exited through the grocery vestibule. One of the female's, identified as Nicole Ashley Jacobs, was questioned by Hoerl and admitted that the baby formula was not paid for. However, the other female subject, identified as Martina Violet Humphrey, continued to be argumentative with Hoerl and deny that the items were not paid for. This "I paid and I didn't pay" went on between both of the subjects for several minutes. Both subject then admitted that Humphrey didn't pay for the ... Show more content on Helpwriting.net ... Dispatch did advise me that Humphrey was currently on federal felony probation until 10/19/2018. Humphrey's then started to become agressive and causing a disruption by shouting profanity when I mentioned her committing a crimee while on probation. Humphrey's was then detained in handcuffs and escorted out into the Walmart parking lot where my patrol vehicle was located. While escorting Humphrey's out, she started to shout "police brutality, somebody record this," as she continued to try to resist me by pulling away. I next atttempted to place Humphrey's in the right rear passeneger side of my patrol vehicle. Humphrey refused to get into my vehicle and continued to resist by pulling away and screaming excessively. I then walked Humphrey's around to the driver's side rear door of my patrol vehicle as she continued to scream and resist by trying to pull away from me with her arms. This was observed by two Walmart employees who were in the parking ... Get more on HelpWriting.net ...
  • 40. Tort And The Law Of Tort The word of tort originally comes from the Latin word of tortus, that meaning twisted and tort in French meaning wrong. The law of tort is deferent from criminal law and the law of tort derived from common law. Tort is "a wrongful act, not including a breach of contract or trust, that results in injury to another's person, property, reputation, or the like, and for which the injured party is entitle to compensation." Trespass to land means that someone without permission enters directly to others land and remains on the land, even they not leaving after the owner of land ask them to leave. In this scenario firstly, going to consider on Harry who owns the WizadWord park as he flies a huge helium balloon above the park and the wind push the balloon time to time to passes over Draco's land. As the balloon passing time to time the Draco land, without his permission causing problems and the balloon it is attached to the ground by a steel cable. In Anchor Brewhouse Development V Berkley House ( Docklands) Developments(1987), defendant were using tower crane and the crane passing time to time over the land of plaintiff and this was held trespass to the plaintiff 'airspaces. There is not deferent between crane and the balloon, because balloon attached to the ground as the crane attached to the grand. In case of Bernstein v Skyview General Ltd, the defendant took a photograph from plaintiff land, bay flaying over the land of plaintiff but the court not liable defendant for ... Get more on HelpWriting.net ...