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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 is tort law?

The main purpose of tort law is to compensate the victims of wrongdoing for the injuries they suffer as a result.

It generally is not concerned with punishing, or casting moral judgment on, the wrongdoer - it simply compels the person who caused the harm to compensate the person who suffered the harm.

The law of torts has four functions -

1). It provides remedies for wrongs.

2). It provides compensation and vindication.

3). It acts as a deterrant and provides protection.

4). Tort law is concerned with corrective justice and distributive justice.

How do you prove criminal harassment and slander or defamation of character?

to pursue some one means you want to chase them, if you mean to "sue" someone you will have to go to court with an attorney to help you with your case.

Can you sue a city for wrongful death?

Yes, however, the rules for suing governmental entities are sometimes different than for suin individuals or companies. Suits against governmental entities for wrongful death are not uncommon. A city employee may cause a death in a car accident while driving on city business.

Is profane email considered harassment?

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, although there has been a case where only one instance of conduct did.

What is a civil complaint?

A complaint is signed by the attorney; a verified complaint contains an additional verification page signed by the plaintiff which is notarized. A verified complaint requires a verification page signed by the defendant.

Does tort law provides legal remedies for both personal injury and property damage?

Tort may be defined as a personal injury; or as "a civil action other than a breach of contract."

A person who suffers a tortious injury is entitled to receive "damages", usually monetary compensation, from the person or people responsible - or liable - for those injuries. Tort law defines what is a legal injury and, therefore, whether a person may be held liable for an injury they have caused. Legal injuries are not limited to physical injuries. They may also include emotional, economic, or reputational injuries as well as violations of privacy, property, or constitutional rights. Tort cases therefore comprise such varied topics as auto accidents, false imprisonment, defamation, product liability (for defective consumer products), copyright infringement, and environmental pollution (toxic torts), among many others.

In the case of contingency arrangement if you lawyer dropped your case and you werent able to find a new lawyer what will happen to your case?

You may ask for a Continuance (motion and notice). However, if you still can't find an attorney (just because your last attorney dropped the case) you have to represent yourself. The law is that the legal process continues - with the party available. You may sue your attorney if he dropped the case because he have to have a mighty good reason to drop a case - you may also make sure you take him to the legal board in your state. That's what I will do with the rat who dropped my case -- after I finish with my case.

What happens if you don't appear in a civil suit court case?

The plaintiff wins the case by default and a judgment is entered against the defendant. A civil lawsuit summons is not a court order per se and therefore the defendant is not obligated to appear. An order of appearance from the court, interrogatories, depositions, discovery motions and so forth are different matters and the person(s) named should always respond. Legal counsel is always advisable in such matters.

What does toxic tort mean?

A toxic tort is a special type of personal injury lawsuit in which the plantiff claims that exposure to a chemical caused the plaintiff's toxic injury or disease.

Where can you find the records for a lawsuit?

You can find them in the courthouse of the county or district in which the lawsuit was filed. * Information for recent suits (1-4 weeks)that have been ruled on can be obtained from the office of the clerk of the court where the suit was heard. Information for pending suits can only be obtained by those persons named in the suit until it is settled and has become a matter of public record. Generally information for lawsuits that have been settled within the past 30 days or more will need to be obtained by the interested party through a search of public records of the court in which the suit was litigated. Finding such information might prove difficult unless the interested party knows the docket/case number, court date and the court division number.

Has anyone been able to sue for malpractice after the statute of limitations?

If the statute of limitations has run, the case cannot be brought. It is possible to show periods of time when the statute of limitations has tolled and shouldn't be counted against the time frames. Please consult an attorney that specializes in the type of malpractice you are looking for redress for.

Can you sue someone for breach of promise if they told you for a year you and your children were going to move into a house that he built?

No, there is no consideration for this promise as you are giving nothing in exchange for this promise (in your hypothetical). If you reasonably relied on the promise to your detriment, you may have a promissory estoppel argument to enforce the promise.
This is America. You can sue anybody for anything. Really, really. I doubt you'd get anything though.

Can you sue for defamation of character slander and false accusations made to police children's aid and school board?

Yes, however such allegations are often difficult to substantiate even in a small claims case. Judges are generally reluctant to grant monetary recovery awards unless the plaintiff can prove a financial hardship was created due to the defendant's actions. Sure, you can. The answer above is totally true.

What is the difference between criminal defamation and defamation?

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 when the defamation rises to specific allegations that essentially constitute something akin to perjury. It also seems to occur when people form a conspiracy to destroy someone else. Spreading rumors that Josephine's Child Care is run by molestors in order to cause a police investigation might be an example. Here you could get sued and go to jail.

Criminal defamation laws are on the books in about half the states in the US but are common in other countries. Usually we hear about criminal defamation when a politician with clout is under attack in the newspapers. The politician convinces a friendly district attorney to charge the editors and writers with criminal defamation in order to chill their reporting. The appeals courts usually overturn these cases. Overseas, such prosecutions are common and are extremely harmful to the press.

Criminal defamation has been used [rarely]when people (usually teens) do outrageous things to tear up their peers or teachers on MySpace or Facebook.

Is it illegal to shout fire in a burning theater?

You can if there is a fire, but if you shout fire when there isn't one, raising a false alarm, people will dial 911, everything will turn into chaos and people could be injured. You could be sued for any damage or injuries, if not charged with several crimes.

Is tort assault and battery?

A "tort" is a civil offense whereas 'assault" is a criminal offense, the two are not compatible.

What is the Texas statute of limitations on judgments?

Texas Code of Criminal Procedure Article 12.01 Felonies Except as provided in Article 12.03, felony indictments may be presented within these limits, and not afterward: Arson: 10 years from the date of the commission of the offense.

What happens if I have an accident and the other person has no insurance?

If the driver who has no coverage is involved in an accident that is his fault, he can loose everything he owns and everything he will make in the future to repay damages he has done to the other party.

What is the time limit to file wrongful arrest and detention law suit?

Usually this type of complaint is handled during a trial with the arrest being ruled eithe legal or illegal. Time constraints depend on where you are as statute of limitation laws are different in different areas.

Can you sue for a band aid in your food?

Yes, you can sue, because it should be against permit policiy. :)

It is also a safety hazard because it could contain blood from someones body that could be contaminated with all sorts of disease, potentially making you very ill.

You can't sue just because it is there. You would need to claim some kind off damage from it.

Most restaurant owners will feel genuinely embarrassed by it and offer some compensation as a customer satisfaction issue as well as to prevent publicity and reports to the board of health.

When will school end?

Most elementary/middle/high schools get out of school around mid-June and go back either the last week of August or first week of September.

Colleges/universities that are on semesters get out in early to mid-May and go back at the end of August. Schools on quarters usually get out at the end of June and go back at the end of September.

If a friend drives your car and gets into an accident will you be sued by the opposite party?

the driver is liable

However if you have insurance that covers the other person by name or "any other driver" then a claim can be made against your insurance. This would make a great court case depending in which state this accident takes place!

Is breach of contract a tort?

A breach of contract is just that, a failure to abide by the agreement. A tort refers to damages that can be shown when there was no specific contract. Depending on the jurisdiction some actions may be brought as a breach of contract or a tort, or specify which is appropriate. An example is when someone is injured by something under warranty.