Unanswered | Answered

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.
privet property tresspasers will die
The term "tort reform" is a term coined by insurance companies and  big business. While there are some exceptions to the rule,  generally, tort "reform" is only beneficial to the insurance  companies and big corporations. It's usually HORRIBLE for the  consumer/average person.
Intentional Torts- assault, battery, false imprisonment, intentional infliction of emotional distressUnintentional Torts-Negligence, malpractice, recklessnessState of Mind is controlling...for more information contact us at http://www.eglaw.com
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 your  spouse--just about anything. A motion is a request to the court to  take some type of action.
Damages, primarily. At equity, mandatory injunctions, negative injunctions, equitable accounting, equitable tracing, the list goes on and on.
True or false Tort law deals with disputes and pover
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.
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 ever...
  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...
Polypropylene is the most common form of synthetic material used.  It is used in almost every thing we use. Though previously declared  safe, recent searches reveal that polypropylene may release two  highly toxic substances, quaternary ammonium biocides and oleamide.
Answer . No reason why a process server can't serve papers at any location that doesn't disturb the peace.
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...
1. legal duty owned 2. duty breached3. plaintiff suffered damage due to defendant's negligence-Giri
for emergency responders, like the police, the firefighters, or the ambulance
she wasnt used to people being nice to her. in court she got mad at atticus because he was calling her miss mayella.
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...
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....
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...
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."
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...
Libel and slander are the two main defamation of character torts.
This is a tort against property called detinue.
Yes, a tort is a civil action.
  == 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...
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 omissionBoth A and C
There are two concepts here: the Criminal offense of "Assault and  Battery", and the Civil tort of "Damages from Assault" (the latter  may have a different name in your jurisdiction).    The Criminal offense case is determined by the local district  attorney (after an investigation by the...
the effect of the surrejoinder application to the Plaintiff
In civil law the phrase extraordinary circumstances can mean  several things. The most common in civil cases is a hung jury.
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!
lair/fair   more/mare    break/bread    mill/pill    boy/toy    girl/gill
No, you cannot sue a minor. You can sue the minor's parents though  because they can be held responsible for the minor's actions.
No.   Not any more. It was abolished in 1995.
An assault is to threaten with words or take a swing at a person either with your fists or an object. Battery is actually hitting the person.
  call the court that handles small claims and they wil be able to tell you the process and provide forms necessary to file the claim.
  Yes. Be prepared to prove how she defamed your character, and how that violates your state's law.
A tort of negligence-which most personal injury and civil law cases are based on-involves an injury or death caused by another person's negligence. An intentional tort is when an injury or death is caused by another person that knows what he/she is doing when it happens. In other words, it is an...
  == Answer ==     The legal term is "failure to use a reasonable amount of care when such failure results in injury of damage to another". An example would be driving under the influence (DWI). The nonlegal definition would be carelessness, such as leaving your spouse's golf clubs out in...
Somewhere between 2:30-3:00pm depending on what grade your in !!
  == Answer ==   California is one, I believe.
Form 1.997 civil cover sheet how do I fill it out.
  == Answer ==     The party involved should contact the clerk of the court where they wish to file suit. For example, most cases that are self representation are small claims issues. The forms and instructions for filing in small claims can be obtained from the clerk or office of the...
  You are. You didn't park your vehicle properly. The fact that the other vehicle was parked illegally doesn't give you permission to crash into it.
a wrongful act by the defendant, legal remedy, legal damage to the plaintiff
  $15,000. In NJ the "small claims" court is called the Special Civil Part of the Superior Court, Law Division. Court Rule 6:1-2(a) fixes the maximum amount that can be sued for in the Special Civil part.
A tort is simply some sort of civil wrongdoing. Most civil trials involve proving the elements of tort law. In order to prove that a tort occurred and compensation is deserved, the following things are presented: the presence of duty, the breach of duty, injury occurrence, the injury occurrence was...
The biggest difference is who brings the lawsuit, and the types of punishments.In criminal law, prosecution is by the govt (state or federal). Punishments may be fines (paid to the govt) or jail.In tort law, the plaintiff who brings the suit is the person who was directly injured -- and the...
The following is a list of the most common defenses in slip-and-fall cases. An attorney reviewing your case can inform you of any other affirmative defenses specific to your state and/or your specific situation. Likewise, not all of the below defenses may apply to your case and/or be accepted by...
Maine 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.
In order to convict a person vicariously liable under section 34 or section 149 it is not necessary to prove that each and everyone of them had indulged in overtsacts; Ram Blias Singh v. State of Bihar, (1989) Cr LJ 1782 : AIR 1989 SC 1593.
  Legally, yes. Whether or not his license status would create problems of a different nature would depend on the laws of the state where he does business. Of course if he were getting paid "off the books" he probably would want to consider the consequences of taking an oath in a court of law...
What is the questioners definition of "spy on?" While "all may be fair in love and war" the canon of legal ethics prevents that type of activity by one attorney upon the opposition.
You can sue a neighbor for spreading lies if you can prove that the  neighbor started the rumors and that they were harmful to your  character. This suit will fall under slander or defamation laws.
You should be able to sue at any age. (just saying) In the United States, and countries which use English Common Law as the basis for their Civil court system, you must be at least legal age to sue. In the U.S.A., that means 18 years of age to be named as either the plaintiff or defendant in a...
  Capacity means the mental capacity to recognize having a duty of care and knowing how not to breech it. For example if a young child accidentally hurts a playmate, the child cannot be sued for negligence, because the child lacks the mental capacity to know whether or not what he is doing is...
Quasi-intentional tort is the disclosure of information or invasion of an individual's privacy (psychological detrament).
theft is generally regarded as a criminal case but if the victim who was stolen from wishes to take action to recover the losses, then it will be a civil case as well
  Please see below link.
  It depends on the age of the injured person (kids heal better) , the sex of the person (on a female it may be worth more, if it's covered by hair on a man it may be worth less...etc). The type of the scar factors in, is it keloid? Is it raised, bumpy, discolored? How noticable is it? What is...
How are ordinary damages are different from special damages
Value would depend on similar case settlements in the state the accident occurred. Generally accident claims involving broken bones settle for higher amounts than those without. Speaking with an attorney who is experienced with such cases should be able to help you determine the value of your injury...
You simply name the corporation as a defendant by using its corporate name and place of business. Sometimes the actual corporate name is unknown because it is being operated under a business name. Most state have a registry of "business names" that match up to the actual corporate name. You should...
  Yes you can. But I need more information. It only depends on certain factors such as the following:   In which state did the trespassing take place?   (Trespassing laws vary from state to state)   What anything stolen or damaged during the trespass?   (Money, broken glass, door...
Your very first step would be contact a personal injury attorney. Most offices, like ours, offer free case evaluations. It is very important that you do this soon because the statute of limitations for personal injury cases in Georgia is 2 years. Also, the longer you wait to move forward on your...
Briefly describe how negligence is determined under both statutory and common law?
Its spelled tortoise. And no its not a mammal.
In order for the state to obtain a conviction in criminal court, it must prove every element of the offense charged to a standard of beyond a reasonable doubt. To prevail in a civil case, the standard is a preponderance of evidence, or "more likely than not."
A private nuisance is a civil wrong doing or when someone's behavior that is unreasonable, unlawful, or unwarranted use of one's property in a manner that it effects the enjoyment of another person's property. Public nuisance is a much wider category of minor crimes ranging from health, public...
There are complete defences and partial defences. Complete: consent, legal authority, self-defence, necessityPartial: contributory negligence, provocation
You have to understand what exactly schizophrenia is. Not  even experts all agree on the exact causes of the mental illness.  It is known to be hereditary (a person with a relative suffering  from the disease is ten times more likely to get it than a person  with no relatives having...
Answer to Trial Notebook question Open the links below for some decent basic ideas for a Trial Notebook.
Having devoted my legal career to representing Veterans, service members, and their families in cases under the Federal Tort Claims Act it has been my observation that most major errors by non-attorneys occur at the level of creating and presenting the claim. There are numerous pitfalls and it is...
The statute of limitations for dental malpractice in Oregon is two years with the discovery rule. But no more than five years from date of occurrence unless the delay is due to fraud or misrepresentation.