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Torts
Torts are civil suits that involve physical damage or injury. A common tort is personal injury in an automobile accident.
1,093 Questions
What does the phrase extraordinary circumstances mean in civil law?
In civil law, the phrase extraordinary circumstances typically refers to unforeseeable events or situations beyond a person's control that may affect their ability to fulfill a legal obligation or expectation. These circumstances are usually considered rare, significant, and not part of the normal course of events. Court judgments may take into account such circumstances when determining liability or granting relief.
How would you write an opening statement for mock trial of stealing a car?
For an ongoing project, I'm trying to pull together the notes on opening statement I've gathered over the years. For what it's worth, here is the result of my work so far:
Organizing the Opening --The opening should summarize the evidence in a way that presents the theme of the case.--One simple method of organization: A short opening sentence or two that presents the theme of the case; a short 125-word overview of the case to orient the jurors and give them an aid to understanding the facts that follow; then a re-telling of the "story" chronologically.
--Another method of organization modeled after a screenplay: Begin by introducing time and place, then introduce your client (the protagonist), then introduce the complicating element (what's gone wrong), then relate events chronologically in a way that suggests the story should end happily.
--Keep this in mind when writing the opening: Make a list of the points you want (or need) to make. These are your headings. Then write the facts that will establish each point. You'll then relate the facts to the jury, not the "point." However, in relating the facts, the point will be obvious to them. (Example: Point--my client is a careful driver. Facts to make the point: "Mr. Jones looked both ways before pulling out, saw that he could pull out, entered the lane, then proceeded to the stoplight. He stopped behind the car in front of him. A split second later, he heard a screech, then felt the impact of the defendant's car crashing into the back of his").
--End the opening with something like this: "At the conclusion of the case, I will return to speak to you again, and I will ask you to find in my client's favor."
Do's for Opening Statement--Begin in the formal way: "May it please the Court."--Be brief.
--Look at each juror.
--Begin by telling the jurors something important. If you want to introduce co-counsel or explain how the trial is going to work, do it after you're well into your opening.
--Speak in simple English using short, ordinary words.
--Use the words you choose to create images in juror's minds.
--Present your position without quarreling with your opponent.
--Create empathy for client by describing personal facts about him--a view into your client's life.
--Make a point by repeating it in different ways.
--Use visual aids and portions of depositions.
--Show the jurors the standard jury instructions as a way to demystify the process.
--For plaintiffs, who go first: Deal with the defendant by telling the jury what they should expect to hear from him; keep the defendant on the defensive.
--If you decide to preempt the defense by introducing weaknesses, do it in a positive way. Not this: "You will hear that Jim had a bad back before the accident, but that doesn't mean he shouldn't recover." But this: "Jim was all but recovered from a painful back injury when the defendant crashed his car into the back of Jim's car."
Don'ts for Opening Statements Don't use notes. Opening is one of the few parts of trial you can plan for well in advance. Write out your opening and rehearse it.--Don't comment on the credibility of witnesses. (In Illinois, it's objectionable to say in opening that a witness is not telling the truth.)
--Don't tell the jurors the case is "interesting." Your opening should demonstrate why the case is interesting.
--Don't use the stock phrase "what I say isn't evidence." Once you say it, the jury will quit listening.
--Don't say "The evidence will show" at the beginning of each sentence. This is boring and repetitive. Instead, state the facts.
--Don't refer to your opening as a "story." Though it is, the jurors may misunderstand: a "story" is also something someone tells when they're being less than truthful.
--Don't be overdramatic. A highly dramatic, engaging "performance" may leave the jurors feeling like the rest of the trial is a letdown, just at the time you want them to be engaged and interested.
--Don't argue, which isn't permitted. How to tell if you're arguing: would the words you are saying ever come out of a witness'smouth? If not, you're probably arguing. (Example: "The accident caused Mr. Jones grievous, permanent harm." That's not how a witness would testify, and it's argument).
--Never promise more than you can deliver. Don't overstate or exaggerate any item of your case (calling an injury "permanent" when there is no evidence of permanency). You want the jurors to think later, "The case is even stronger than I expected."
From:http://www.illinoistrialpractice.com/2004/02/notes_on_openin.html
Deceit is the act of misleading or deceiving someone by concealing or distorting the truth. It typically involves dishonesty or trickery to achieve a certain outcome or gain an advantage.
An executed release means that the document of release has been signed. An example of a release would be a medical waiver or any other document releasing the named person or company from some responsibility stated to you.
It is pronounced "tort." The "e" is silent in the word.
Is retreving information the same as intentional learning?
No, retrieving information typically refers to recalling or remembering previously learned information, while intentional learning involves actively seeking out new knowledge or skills with a specific goal in mind. Retrieving information focuses on memory recall, while intentional learning focuses on acquiring new knowledge or mastering a new skill.
How do you show the intentional omission of words?
All that I know is that if you want to remove a word from a quote and replace it with another word, you use [] to show this. For example, your quote is, "looked like pornography", you use "looked like [inappropriate things]. (remember, this is just an example)
What kind of crime is related to vicarious liability?
Vicarious liability can be the same as aiding and abetting an individual who is committing a crime. The concept of driving the getaway car when one person robs the bank is similar to vicarious liability. This attached assistance in carrying out the crime makes a person guilty of vicarious liability, even though they did not participate in the physical act of causing the crime.
How is a Crime different than a Tort?
A crime is a wrongdoing that is considered harmful to society and is prosecuted by the government in criminal court, potentially resulting in punishment like imprisonment. A tort is a civil wrong that causes harm or loss to an individual, allowing the injured party to seek compensation through a civil lawsuit in order to be made whole again.
Is a crime or tort more frightening?
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 individual may be the immediate victim.
A tort is considered to be a wrong against an individual and typically commands money damages if proven. The wrong can be mild or severe, and if severe, can be extremely frightening.
Some torts can rise to the level of crimes, such as assault and battery. To constitute a crime, the acts must be accompanied by an intent to do harm, not just an element of foreseeability that they will.
Typically, a surviving spouse cannot unilaterally dissolve a revocable living trust for the purpose of disinheriting a beneficiary if the trust was set up by both spouses. However, they may be able to amend the trust if it allows for changes to beneficiaries. It is important to consult with an attorney for specific legal advice in this situation.
What is the brief summary of the king of torts?
A young lawyer, Clay Carter, has been working at the Office of the Public Defender for five years and wants to get out. He is working on a murder case and gets an inside tip about a pharmaceutical scam that could make him very rich. He drops his current cases and quits his job at the OPD and opens his own firm. He settles with the pharmaceutical company and makes 15 million dollars. After that case, he gets a tip from the same source about another pharm. scam and goes to town on that company earning millions more. He quickly spends almost all of his money on lavish things such as houses and jets and rises to fame within the world of tort lawyers. He continues to take high dollar cases and eventually makes a few mistakes with one that cost him dearly. His firm goes bankrupt and he loses all the money that he has earned. There is also a personal side to the story about Clay's life and relationships.
Why would your best friend spread rumors about you?
She/he might just be jealous of you, so cut them some slack and don't start doing the same to them. If you also have gossiped before about them, the information you share usually is not very secret, and if they hear about what you have gossiped about them, it might get them started. Don't do it in the first place and the friend will probably just stop.
A Lesson Before Dying what is the verdict?
In "A Lesson Before Dying" by Ernest J. Gaines, the protagonist, Jefferson, who is wrongly accused of murder, is sentenced to death by electrocution. The verdict is guilty. Throughout the novel, Jefferson learns about dignity, self-worth, and heroism despite his unjust conviction.
How many girls don't go to school?
There are quite a few girls worldwide that do not go to school. Some of these girls are captives or neglected for example.
How many Bog Turtles are left in the world?
The Bog Turtle is on the PA endangerd list. There is no real number of how many there are because they are such an elusive species.
What does the signs toxic mean?
It either means that the area is contaminated with toxic materials, or a product has toxic properties.
Can I sue for second hand smoking?
if a employer waiting at the bus stop comes by and sit down close by with a cigerette, blowing smoke in the face after telling him that the smoke makes you sick?
this is out side of the place i work waiting for bus, i mention this to him that it makes me sick and he said he didnt care i can move.
Can your neighbor drain water on your property?
Maybe, Maybe not. It depends on whether your neighbor is "legally liable" for your water damage.
If the neighbor is not liable then they do not have to pay.
If the neighbor is liable, it should be covered under the liability portion of your neighbors property insurance policy if he selected liability coverage when he purchased his policy.
What are the examples of intentional injuries in teens?
One example of intentional injuries is hitting someone on purpose.
Intentional means that it was meant to be done, not a mistake.
