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Torts

Parent Category: Civil Cases
Torts are civil suits that involve physical damage or injury. A common tort is personal injury in an automobile accident.
Trespass to land is a common law tort that is committed when anindividual, or the object of an individual, intentionally entersthe land of another without a lawful excuse. For such a tort to hold up in court, generally the plaintiff mustprove that the said trespasser damaged property of some kind.
There's no school near where they live, they might be barred from attending school, because they are women, or belong to a minority religion, or skin color. They are forced to work to support the family. They have abusive parents. They ran away from home, and can not go to school, because they have...
Donoghue v Stevenson was the case where tort law is based on from a precedence that was made as there was no current law that protected people because she did not buy the product herself the company did not have a duty of care with her only the person that bought the item its self
The term "tort reform" is a term coined by insurance companies andbig business. While there are some exceptions to the rule,generally, tort "reform" is only beneficial to the insurancecompanies and big corporations. It's usually HORRIBLE for theconsumer/average person.
If the other driver suffered property damage or was injured, he can sue the driver who caused the accident, regardless of the speed of collision.
If you have appeared in that lawsuit by an attorney then you must appear for a deposition. As an example if you live in New Jersey and you had an accident in New York and a lawsuit was filed in New York and your lawyer has appeared for you in New York then you must appear for a deposition. If you...
Intentional Torts- assault, battery, false imprisonment, intentional infliction of emotional distress Unintentional Torts-Negligence, malpractice, recklessness State of Mind is controlling...for more information contact us at http://www.eglaw.com
No. Voting rights are one of the things that people should not take for granted. Yes. Politicians have sued voters for attempting to impose term limits.
Most people interested in hula know that missionaries in the islands in the 1800s considered hula an "abomination" and preached vehemently against it. But few people know that their influence in government actually resulted in the enactment of laws that restricted the practice of hula for nearly a...
After reading your comments on the discussion page, you need to see a personal injury attorney (preferably one who regularly handles in school-related issues) immediately. It is truly an outrage that the school has stood idle while your son has had to endure daily bullying. Any good personal injury...
The answer depends upon what you are seeking. The term "relief"could refer to alimony, child support the payment of bills by yourspouse--just about anything. A motion is a request to the court totake some type of action.
Damages, primarily. At equity, mandatory injunctions, negative injunctions, equitable accounting, equitable tracing, the list goes on and on.
What kind of theft? Since you are accusing of such a serious crimewhich can be hard to prove. As long as you have substantialevidence you can file a lawsuit
True or false Tort law deals with disputes and pover
Yes, it is legally possible to file a lawsuit against any federal agency.
You may be able to file a lawsuit for defamation of character (e.g. slander) if you can prove tangible damages caused by an individual making false statements about you. This is a huge stretch, however, for the situation you are describing. Please understand that the civil court system does not...
It is completely possible. Obviously the circumstances of the act in question will determine whether it qualifies for either or both, but it is entirely possible.
Assault occurs when an individual causes another to reasonably believe they are in imminent danger of being harmed or touched in an offensive manner. Battery is actually causing such harm or offensive touch.
The United States has made a limited waiver of its sovereign immunity, allowing U.S. citizens, or anyone having standing before the Federal courts, to bring action against it sounding in tort, under the Federal Tort Claims Act , Title 28, United States Code, section 1346(b). Ex parte Young , 209...
Not as a loan but if you put it into an account such as savings or checking it can then be taxed == ans == A loan is NEVER taxable. (If you invest the money in something, say get paid interest on it, that interest may be taxable, but the principal of the loan never is). Nor is it's repayment...
Tortious interference means the wrongful interference with some right or economic opportunity belonging to a person which causes that person some monetary loss. It is usually used in connection with a business opportunity as where a person slanders or libels a person in order to hurt that person's...
Polypropylene is the most common form of synthetic material used.It is used in almost every thing we use. Though previously declaredsafe, recent searches reveal that polypropylene may release twohighly toxic substances, quaternary ammonium biocides and oleamide.
Not unless you can prove a gross, intentional negligence. Police agencies are typically immune to lawsuits. Your best bet is probably to make your concern into a political issue by petitioning local representatives, city councilors, etc. to bring attention to slow response times. However, you...
No, not in every case. There are two major differences. One is where the statements made are privileged under the First Amendment and the other is where the defamation is considered defamation per se. There is a First Amendment privilege governing statements made about public figures, especially...
1. legal duty owned 2. duty breached 3. plaintiff suffered damage due to defendant's negligence -Giri
North Carolina has set the statute of limitations for filing a suit at 3 years for medical malpractice. That will be from the time of the injury or when it was discovered. There can be situations that will toll it for a longer period.
Yes, in fact the Constitution specifically contemplates this in Article 3, Section 2, Clause where it states the judicial power extends to cases ". . .between a State and citizens of another State. . ." This did not mean that a state could not be sued by its own citizens. It meant that federal...
for emergency responders, like the police, the firefighters, or the ambulance
"Too long" is pretty subjective. I should think it would have to be over a month, and so long as they are genuinely waiting on a part, there's not a lot to be done.
she wasnt used to people being nice to her. in court she got mad at atticus because he was calling her miss mayella.
In most circumstances, that is not the preferred order, but it can be done at times.
Every situation is different. You might be able to depending onother facts of your case or you may just be entitled to get yourequipment back if there is no legal authority in place changing theownership. Speak with an experienced business lawyer. We may be able to help.
By having the facts on your side, proving negligence and proving damages. . Contact a lawyer, they could give you specific information based on the details of your case. . Contacting a specialist solicitor is certainly the best way to win a persona injury claim in the UK. But to win that claim your...
Yes, something can be both a tort and a criminal offense. For example, if a person steals something they can be criminally prosecuted for theft, and found liable in civil court for the tort of conversion.
Yes. Any type of action or communication that is unwelcome and is so serious that it causes what is called a "hostile work environment" falls under the Equal Employment Opportunity Commission regulations regarding harassment. One e-mail is most likely not going to amount to actionable harassment,...
Depends on which state they live in. In three states, California, Idaho and Utah it would depend on dependency and age. IN all others NO. In most states the immediate family members are the only parties who can file a wrongful death suit. That includes parents, children, and adopted children...
All business law is based in the civil law system, unless the offenders actions cross the line into a criminal activity (e.g.: Embezzlement - Fraud - etc).
You must identify the employee as clearly as possible. If you know the employee's name or partial name, you must provide it.
Because if you get lost or your mom is late to pick you up or a change of schedule then you need your phone.
You are responsible for any damages you have caused to your neighbor's car. You should notify them and take the responsibility for your actions. They may file a claim with their insurance agency who may seek compensation from you, or you may be able to settle it without involving the agent. Either...
It is probably about a draw. The distinction between the two is that a crime is an action or inaction that has been defined by statute as unlawful, and for which a penalty, such as jail or a fine, is prescribed. Stated otherwise, a crime is considered to be a wrong against "society", although an...
Assuming you mean "who is exempt from liability in a cause of action for defamation", that answer is 'those who are telling the truth in the purportedly-defamatory statement or assertion'. Truth or factuality of the purportedly-defamatory statement or assertion is an affirmative defense to the...
Varies to a great degree. Many back injuries are temporary, some are paralyzing. Depending on your state laws you may receive $0 to lifetime Medical, pain and suffering etc.
The burden of proof lies with the prosecution. They, after all, are the ones making the accusations.
The answer depends on the laws of the state where the accident occurred, so you must check those first. In general, if the state has Workers Compensation laws and if the injury occurred during the course of and in connection with the job, the person will not be allowed to file a standard lawsuit in...
It is illegal to commit adultery in most states. States such as Alabama, Colorado, Florida, Georgia, Massachusetts, Michigan, North Dakota, and Oklahoma still have criminal statutes outlawing adultery. However, most states today have either abolished these statutes against adultery or will not...
Yes, a "wrongful act" CAN be both a tort and a criminal act. For example recall the O.J. Simpson case. He was charged with murder - found not guilty, but wound up being successfully prosecuted for "wrongful death."
Ordinary defamation is saying something bad about someone else, when you know it to be false. You can be sued for this. Spreading rumors about someone to ruin their business is one example. Claiming that Joe's Stereo Shop installs stolen car stereos might be an example. Criminal defamation is...
Grounds to sue a judge are if they have violated the states eleventh amendment, and have such violated your constitutional(civil) rights. Examples would be if they have violated your due process rights in court, if they have refused to accomodate you based on disability, discriminated against you...
Yes, businesses can technically commit torts. Usually the tort is attributable to the business because of the actions of an employee within the scope of their employment. Under what is known as "vicarious liability" the employer, rather than the employee him- or herself, is responsible for the...
The protection offered by an LLC depends on many factors. First, where are you establishing the company? Second, is the LLC adequately capitalized (does it have its own assets to operate, or is it just a front for an individual). Do the officers and directors of the LLC follow the requirements of...
Always a tricky explanation. In a criminal trial "belief beyond a reasonable doubt" does not mean belief beyond all doubt or every doubt. No person can ever be convinced to that level of certainty. It refers to the juries adherence to reasonable but strict standards of proof - and require...
Libel and slander are the two main defamation of character torts.
If both a passenger and a bus driver were drunk on the bus, theycan both find themselves in trouble for public intoxication. Inaddition to that the driver could lose his job and license fordrinking and driving.
NO most the time its because the surgeon messed up its ridiculous if they mess up you can go su them for a few hundred grand, no ones perfect Another View: On the other hand - - - YES it could be seen as partially due to that problem. Many doctors do not adequately explain the possible...
This is a tort against property called detinue.
Yes, a tort is a civil action.
The distinction between strict and absolute liability can be seen by examining the issue of causation. For strict liability offenses no evidence of intent or any other mens rea is required. It is however normal for the prosecution to be required to prove causation. For example, in speeding it...
Yes. You may be criminally liable to the state and civilly liable to the victim.
Answer . Well, that would depend on where you want to practice. A practice out of your home would be less costly then in a high rise of a major city. Are you going to have a paralegal or secretary? Will you be taking on major cases or DUI, whats your field. If you want to start a practice with...
The realtor, themselves, must be the aggrieved party in the action. They can file a civil case with the Clerk of the Court just like anyone else who has a civil cispute.
Yes it does. It starts from THE day you give your notice. 14 days.
At of commission and omission Both A and C
Defamation of character is usually not an issue covered by a fine. A fine is issued for a misdemeanor or felony. Defamation of character is usually a tort issue where the defamed person sues the other person in a court of law. In a tort, the injured party gets the money and not the government as...
Yes, any case or issue can become criminal if someone was to become violent. Another View : If the parties to the child support become physical and assaultive - yes - THAT circumstance can become a criminal case. But, the assault would not negate the basic issue of back child support, and that...
There are two concepts here: the Criminal offense of "Assault andBattery", and the Civil tort of "Damages from Assault" (the lattermay have a different name in your jurisdiction). The Criminal offense case is determined by the local districtattorney (after an investigation by the police), and is a...
the effect of the surrejoinder application to the Plaintiff
The time frame is restricted by the Statute of Limitations. Each state or jurisdiction sets its own rules. It can vary from a year to many years, with options for tolling the time.
In civil law the phrase extraordinary circumstances can meanseveral things. The most common in civil cases is a hung jury.
Duty, breach, damages proximately caused by the breach.
No, the definition of a "tort" is a " civil wrong."
In both cases, the moving party bears the burden of proof. In a criminal case, that is the government. In a civil case, that is the plaintiff.
Tort of battery is intentionally and voluntarily bringing about an unconsented harmful or offensive contact with a person ot to something closely associated to them. Battery is a criminal offense involving unlawful physical contact, distinct from assault in that the contact is not necessarily...
Criminal offense is prosecuted by the state. Civil wrong is prosecuted by the individuals if it's applied to the court.
Well, that depends on how good your lawyer is I would think. The sky's the limit if you've got yourself a dream team!
It means the party against whom the case is being brought does not contest the case, e.g. this often means that they are admitting fault and are ready to accept the consequences that the Court will issue.
lair/fair more/mare break/bread mill/pill boy/toy girl/gill