Atlanta Legal Nurse Consultant Reviews People’s Law School 2013 - Session Two

Focused on Criminal and Tort Cases

WEBWIRE – Tuesday, August 20, 2013

Atlanta, Georgia -- Atlanta legal nurse consultant Liz Buddenhagen reports on the second session of the fourth annual People’s Law School presented at the Classic Center in Athens, Georgia on August 14, 2013. Organizing attorneys of the event are Joshua W. Branch, Dustin Marlowe and James W. Hurt, Jr.

Speakers:

Edward D. Tolley, Esq. of Cook, Noell, Tolley and Bates led off with an excellent discussion of Criminal Law. Tolley described “criminal law” as laws that are connected with crime prevention or the administration of such laws. He said the necessary elements to distinguish a crime from a civil matter are mens rea (criminal intent) and actus reus (criminal act).

Tolley outlined three broad categories of crimes:
·        Felonies which are punishable by a year of more, for example an armed robbery carries ten years or more.
·        Misdemeanors which are punishable by a year or less, for example first DUI, criminal trespass.
·        Ordinance violations which are punishable by a six months or less, for example public drunk.

Constitutional protections are found in the Bill of Rights and include:
·        Freedom of speech (1st Amendment).
·        Security from unwarranted search and seizure (4th Amendment).
·        Rights of accused in criminal proceedings (5th Amendment).
·        Right to trial by jury (6th Amendment).
·        Bail, Fines & Punishment (8th Amendment).
·        Citizenship rights and equal protection (14th Amendment).

Tolley noted erosion of citizen’s rights in the United States currently exemplified by TV shows and movies that depict situations that normalize misconduct by police officers, “knock and talk” maneuvers used by police to gain entrance into a citizen’s home without a warrant and the assistance of counsel eroded by federal budget cuts.

Chris Irwin, III, Esq., of Cook, Noell, Tolley & Bates talked about torts. He described a tort as being a private civil wrong or injury for which the court will provide a remedy in the form of monetary compensation.

Irwin gave examples of torts such as bodily injury and wrongful death (auto wrecks, premise liability, medical malpractice, negligent construction, defamation (slander and libel), unfair business practices and wrongful termination.

Typical types of compensatory damages given are for medical bills, lost wages and pain and suffering.

In discussion of a medical malpractice suit he pointed out the four elements that must all be met to constitute a cause of action and they are: duty, breach of duty, causation and damages.

People’s Law School:

Anyone interested in attending the last two sessions of the People’s Law School on August 21 and 28, 2013 can register by calling 706-548-8122 or at the door. This is a free event. Sessions are held in the Willow Room of the Classic Center in Athens, Georgia. For more information go to peopleslawschool2013.com.

Atlanta Legal Nurse Consultant:

Liz Buddenhagen, registered nurse, offers nurse reviews and other medically related services to Atlanta attorneys. For more information email Liz@BuddenhagenLNC.com, view website www.Legal-Nurse-Consultant-LNC.com or call 770-725-2997.