What I want from Romantic Media (One on One)

For as long as a can remember, scrolling thru genres of  entertainment was a rather interesting experience. The reason i say this, is because i would always go to either action, animation, or fantasy first. Romance was either rarely or never a selected genre of mines. Simply because of my somewhat cyclical view of romantic media. Man saves the girl. They go on an adventure. They fall in love in the end. Over and out. This is seen in a lot of Disney princess movies. The one that lands itself  within my cyclical view very clearly is the Disney movie Tangled.

This movie really screams every cyclical thought i have about the romance genre. It's everything i described in a nut shell. Yet their is a moment in the story that really made me marvel at it. It's the boat scene.

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The reason i like this scene so much is because, they tone down the comedy. Not only that! They focus more on the two characters that are falling for each other. With very little to distract you from it. Another example of this is the carpet ride from Aladdin.

In each case they do what i want a romance movie to do. Focus on the passion, emotion, and the affectionate involvement of the characters falling in love. It was only then I realized why so my romance movies miss the mark for me. They focus on everything else. The romance always seems to be the side plot. At worst it's done thru a series of awkward situations. One of the characters save the other from a falling object. One of them lands on top of the other one. Then the one on top lifts up just to stare at the one on the bottom. This to me isn't the way you sell romance.

Making the two characters falling in love the focus of the story is much more personal.Tell me the story of their dating, their courtship, their marriage, their hardships, their finances, their physical illness, various forms of discrimination, and psychological restraints. Make me believe their search for strong and pure love is coming true. To me, romance is suppose to be a personal story. Where everything you in do within said story either directly or indirectly effects the relationship of the two lovers.

You make them the focus. Everything else is the story elements or romantic arcs that keep them apart or drive them to be closer together. The One on One Connection is very important.

Negligence

What is Negligence?  It is a failure to exercise appropriate and or ethical ruled care expected to be exercised among specified circumstances. The area of tort law known as negligence involves harm caused by failing to act as a form of carelessness possibly with extenuating circumstances. The core concept of negligence is that people should exercise reasonable care in their actions, by taking account of the potential harm that they might foreseeably cause to other people or property.

Someone who suffers loss caused by another's negligence may be able to sue for damages to compensate for their harm. Such loss may include physical injury, harm to property, psychiatric illness, or economic loss. It may be assessed in general terms according to a five-part model which includes the assessment of duty, breach, actual cause, proximate cause, and damages.

Elements of Negligence
In a negligence case, the plaintiff must show that each of the following five elements was present.

1. Duty of care

A legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant must be able to show a duty of care imposed by law which the defendant has breached. In turn, breaching a duty may subject an individual to liability. The duty of care may be imposed by operation of law between individuals who have no current direct relationship (familial or contractual or otherwise) but eventually become related in some manner, as defined by common law (meaning case law).

2. Breach of Duty

It's not enough for a plaintiff to prove that the defendant owed him or her or a duty; the plaintiff must also prove that the defendant breached his or duty to the plaintiff. A defendant breaches such a duty by failing to exercise reasonable care in fulfilling the duty. Unlike the question of whether a duty exists, the issue of whether a defendant breached a duty of care is decided by a jury as a question of fact.

3. Cause in Fact

Under the traditional rules in negligence cases, a plaintiff must prove that the defendant's actions were the actual cause of the plaintiff's injury. This is often referred to as "but-for" causation, meaning that, but for the defendant's actions, the plaintiff's injury would not have occurred.

4. Proximate Cause

Proximate cause relates to the scope of a defendant's responsibility in a negligence case. A defendant in a negligence case is only responsible for those harms that the defendant could have foreseen through his or her actions. If a defendant has caused damages that are outside of the scope of the risks that the defendant could have foreseen, then the plaintiff cannot prove that the defendant's actions were the proximate cause of the plaintiff's damages.

5. Damages

A plaintiff in a negligence case must prove a legally recognized harm, usually in the form of physical injury to a person or to property. It's not enough that the defendant failed to exercise reasonable care. The failure to exercise reasonable care must result in actual damages to a person to whom the defendant owed a duty of care.

The most common doctrine of negligence is:

Contributory

This is by far the most common form of negligence. Contributory negligence occurs when a plaintiff's conduct falls below a certain standard necessary for the plaintiff's protection, and this conduct cooperates with the defendant's negligence in causing harm to the plaintiff. In plain English, this means the plaintiff most likely would have avoided injuries had he or she not also been negligent.

Defenses to Claims of Negligence

To successfully defend against a negligence suit, the defendant will try to negate one of the elements of the plaintiff's cause of action. In other words, the defendant introduces evidence that he or she did not owe a duty to the plaintiff; exercised reasonable care; did not cause the plaintiff's damages; and so forth. In addition, a defendant may rely on one of a few doctrines that may eliminate or limit liability based on alleged negligence.

Classification of Laws - A General Overview

Imperative Law - A rule of action imposed upon mere by some authority which enforces obedience to it." In other words it is a command enforced by some superior power either physically or in any other form of compulsion.

Physical or Scientific Law - Typically conclusions based on repeated scientific experiments and observations over many years and which have become accepted universally within the scientific community. The production of a summary description of our environment in the form of such laws is a fundamental aim of science.

Natural or Moral Law - A philosophy asserting that certain rights are inherent by virtue of human nature, endowed by nature—traditionally by God or a transcendent source—and that these can be understood universally through human reason.

Conventional Law -A species of special law and has its source in the agreement of those who are subject to it. Agreement is a law for those who make it. For instance, articles of association of a company or partnership are conventional laws.

Customary law - The established pattern of behavior that can be objectively verified within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law".

International law - the set of rules generally regarded and accepted in relations between nations. It serves as a framework for the practice of stable and organized international relations. International law differs from state-based legal systems in that it is primarily applicable to countries rather than to individual citizens. National law may become international law when treaties permit national jurisdiction to supranational tribunals such as the European Court of Human Rights or the International Criminal Court. Treaties such as the Geneva Conventions may require national law to conform to respective parts.

Criminal law - Is concerned with offences against the state, i.e. crimes such as murder, housebreaking, theft. The more serious criminal cases are dealt with by a judge and jury; less serious offences (the overwhelming majority) are dealt with by magistrates. The two parties are the prosecution and the accused.

Civil law - is concerned with private litigation, e.g. breaches of contract, disputes concerning property. The complainant issues a statement of claim, setting out the facts he alleges against the defendant and asking for damages or other remedy.

Small Claims Court

Previously, I talked a little bit about corporations and their relationship with the law. Also, that the only way enforce any real punishment on them is to fine or sue the company. One of the ways i said you could this is thru small claims court. What is it? What purpose does it serve? Let's expand and talk about just that.

What is Small Claims Court? It is a local court in which claims for small sums of money can be heard and decided quickly and cheaply, without legal representation. This claim for money can be for any amount of money as long as it does not exceed the sum amount of 10,000 dollars. One of the defining factors of what cases are heard in small claims courts is the dollar amount of the damages sought. This can vary dramatically by state. For example it can be for as low as $2,500 in Kentucky and Rhode Island. One notable exception is Tennessee. Where the claim can go as high as 25,000 dollars. Typically, the amount varies between $5,000 and $10,000. As mentioned before, it is done without legal representation. Which means small claims court cases are conducted without a lawyer. Offering a legal avenue to quickly and easily resolve cases involving small amounts of money.

The purpose of small claims court is to provide an informal, uncomplicated proceeding to resolve small disputes that do not involve enough money to warrant the expense of formal litigation. As most people who appear in small claims court do not have a lawyer. This is because the  jurisdiction of small-claims courts typically encompasses private disputes. This collection of small debts forms a large portion of the cases brought to small-claims courts. As well as evictions and other disputes between landlords and tenants.

What type of case can be bought in small claims court? Well,Small claims court can only award money. It cannot, for example, order a mechanic to fix your car correctly. Similarly, the court cannot order your ex-husband to stop harassing you.The court can only award you the monetary damages. Any person who is over 18 years old can file a claim in small claims court. A corporation may appear in small claims court through an employee or officer, even if the person is not a lawyer. The exception being is that banks and other institutions cannot file a claim in small claims court.