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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
Depending on the severity of the damages, it's negligence or gross negligence.
Tort law is the name given to a body of law that creates, and provides remedies for, civil wrongs that do not arise out of contractual duties. A person who is legally injured may be able to use tort law to recover damages from someone who is legally responsible, or "liable," for those injuries. Generally speaking, tort law defines what constitutes a legal injury, and establishes the circumstances under which one person may be held liable for another's injury. Torts cover intentional acts and accidents. For instance, if somebody throws a ball and hits a pedestrian in the eye, the pedestrian may sue the ball thrower for losses occasioned by the accident (for example, costs of medical treatment or lost income during time off work). Whether or not the pedestrian wins will depend on whether he can prove the thrower engaged in tortuous conduct. If the person threw the ball at the pedestrian on purpose, the pedestrian could sue for the intentional tort of battery. If it was an accident, the pedestrian must establish negligence. To do this, the pedestrian must show that his injury was reasonably foreseeable, that the thrower owed him a duty of care, and that the thrower fell below the standard of care required of him. One of the main issues in negligence law is determining the "standard of care" - a legal phrase that means distinguishing between when conduct is or is not negligent.
How much of an award is given if a person is wrongfully terminated because of a disability?
The elements of such an award will depend on the laws of the state and the federal Americans with Disabilities Act. (ADA). An award of damages in this kind of suit can consist of legal and equitable relief. The legal relief would consist of compensatory and possibly punitive damages as well as an award of plaintiff's counsel fees. Compensatory damages would include monetary losses incurred as a result of the termination, such as back pay, expected increases in pay, lost bonuses, costs of finding a new job, etc. Also sometimes, wrongful termination laws provide for automatic doubling or tripling the compensatory damages. Punitive damages could be like a fine payable to the plaintiff, not the state, against the company because the termination is an intentional action that is illegal. If the compensatory damages are increased, punitive damages might not be awarded, since the doubling or tripling of compensatory damages has the effect of punitive damages. Plaintiff may be awarded money to pay the lawyer. (that one is my personal favorite part of the damages). This is important because many jurisdictions do not make the loser of a lawsuit pay the winner's legal fees. Equitable relief would be something like restoration to position, increase in rank or restoration of sick days, personal days, vacation days that would have been earned if plaintiff had been working all that time.
What is the relationship between criminal law and law of tort?
There are two types of codified law: CRIMINAL LAW and CIVIL or TORT law. In other words, the terms 'civil' law and 'tort' law are the same. Torts are injuries to private persons with remedies pursued through the civil law process. Crimes are injuries to society with penalties imposed by the criminal process. See the related links below for discussions of most of the issues involved in this questions.
How much should you sue for a severely burned scalp and hair?
It depends. First you can sue for them burning your hair, and that alone is a hefty amount. And then you add the mortification you experienced by this mishap, and you're probably going to get a good $10,000.00 plus. But then you have to minus lawyer fees, court fees, so all in all, you'll end up with a couple grand. Would you say that it would make up for the humility you're subjected to?
Which type of court case involves a non-criminal dispute between individuals?
i was looking for the same answer....
Is breaking a signed contract a civil crime?
If you can't convince the police that you didn't sign it, then yes it is.
What happens if defendant doesnt show for court?
In all probablity the judge will issue a warrant for his/her arrest.
Can an American living in Mexico sue a citizen of the US?
In US Federal court, yes. As can US Americans sue Mexican Americans.
What is the difference between absolute immunity and sovereign immunity?
The difference of absolute immunity from sovereign immunity is that all personal civil liability without limits or conditions even as a requirement of good faith and compare qualified immunity are exempted. Meanwhile, sovereign immunity is the absolute immunity of a sovereign government that prevents it from being sued.
You could. They will just issue a subpoena. And it just adds to the cost of the whole proceeding, which increases the legal bills on both sides. And it wouldn't look good to the court or the jury if brought up in court.
Can you sue for money you loaned another person?
Unless you have had a contract drawn up between the two of you re at least a Notary Public (witnessed) then no, you can't sue this person. It's your word against theirs. Even if you've kept some check receipts it won't do you any good because it could be paid to you for any reason. Also cosigning for a person is risky business. When you cosign you are responsible for paying that debt and should the person loaning the money refuse to pay you are stuck with the debt.
Tort law allows an individual who has been hurt in some way by someone else's negligence, carelessness, or malice. Intentional torts apply to the malice part of that equation. While most tort cases involve negligent act that result in injury, for intentional torts, the punishment can be more severe and you must prove-in addition to the four main elements of tort law-that the defendant caused the injury or financial harm on purpose.
Can i file a lawsuit against a coworker for being condescending?
Yes. The US legal system allows any citizen to file suit against any other individual and/or entity. The only criteria is the suit cannot be frivolous in intent. Please be advised, the outcome of any civil suit is never a "sure thing". The plaintiff should be well informed of what is necessary to prevail and the consequences resulting in losing such action.
Can you sue a school for accidental injury?
In general, yes. However, as in any such suit, it is the Plaintiff's burden to prove the following elements: (1) the existence of a duty; (2) breach of that duty; (3) proximate causation (but for the breach, an injury would not have occurred); (4) compensable injuries.
Usually, such an action would be for negligence. The concept of negligence is embodied in items 1-3 above and, strictly speaking, is at odds with the concept of a legal "accident". This is because a true legal accident does not contemplate fault--it is something that happens without someone failing to adhere to a legal duty.
Another issue is that if you are dealing with a public school, there is the concept of "sovereign immunity". To make a very long story short, this generally requires the claimant to provide notice of the intention to make a claim in advance of making it. It is not the same as a statute of limitations (the limitations period for a claim against a government entity can be shorter than the statute of limitations for the same kind of cause of action against a private party).
What happens if the motion for relief from a stay is denied?
Bankruptcy protection remains in place and the creditor who was denied the stay will remain a part of the bankruptcy and cannot attempt to collect the debt owed.
What is the definition of private enforcement of laws?
This generally has to do with minor criminal actions like trespassing, noise violations, minor assaults, etc. Criminal laws are enforced by government prosecutors; however, some states permit private enforcement of those laws in certain minor cases. For example, if two neighbors start arguing and give each other a black eye, a prosecutor might not touch the case because it is a rather minor matter and they have bigger fish to fry. Plus, they are probably both blockheaded idiots not criminals. So, some states allow the persons themselves to file criminal charges against one another, thereby privately enforcing the criminal law. People doing this probably are blockheads, because if they win all that happens is the loser pays a fine to the State. Nothing gets paid to the winner. If they want money for damages for the black eye, the place to go to is civil court and sue on the tort of assault.
What is the different between the civil and criminal lawyers?
criminal is something you can go to jail for but civil is like you were suing your neighbor its something you cant go to jail for.
Additional: ALL attornies, regardless of the area of the they choose to specialize in all graduate from the same law schools. "The law" is such a vast field of practice that many/most find areas of it that most appeal to them, for whatever reason, and although there are 'generalists' most tend specialize in those areas they are most comfortable in or familiar with.
What are your rights if you fall in a store?
I have written these steps as general guidelines. They are designed to ensure that you can sue the store if your injuries are the store's fault. (See the Related Questions below.)
1. If you are not injured (and you're sure you're not injured) get up and proceed with your shopping. If you have the slightest inclination that you are injured, proceed to step 2.
2. Do not get up yourself. Instead, summon another customer, or preferably, an employee, and have that person help you up. If your injuries are serious (head injury/concussion, severe pain, etc.) do not get up. Instead, yell for an employee and have that person call for an ambulance.
3. If you have not already been taken away in an ambulance, visually observe the area of the fall with the store employee and note anything unusual (poor lighting, spills, obstructions, etc.). Ask the store employee to make an incident report which documents the fall and your observations. If the store will not make a report, document your observations on paper. It would also be very wise to take photographs of the area, if you have a camera (or camera phone). The more photos, the better!
4. If you have any pain or minor injuries, you should see your doctor right away.
Is a contract void if both parties don't sign only one party signed?
Not necessarily. The party that did sign it can be held to the contract, but only if the other party is relying on that and performed their part of the agreement. And depending upon the course of dealing and what has occurred between the two parties, there may be other reasons to hold that the contract is valid, even if neither of the parties signed it.
How long do you have to file a wrongful death lawsuit?
That depends on what state you live in. Contact a personal injury attorney in your state for specifics on your state's laws.
The state where you are in has this so-called Statute of Limitation so you should know that with the help of a personal injury lawyer.
What are Grounds to sue a judge?
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 because of that disability or your sexual preference, religion, creed, race, or gender. Their immunity is figured out by which actions were executed within their judicial capacity and are of 'NORMAL' judicial capacity first and foremost. That is the best place to start, contact a civil rights attorney secondly in your area for more information. Judicial misconduct must first be reported to your states Judicial Commission and then secondly to the United States Justice Department. Only then, can you have a right to sue letter and have your day in Federal Court if you so deem that is your desire whether or not that is your path to still take, attorney or not, and remember, you need to hire an attorney IN YOUR STATE to recover attorney's fees. Good luck!!!!
Debbie in Wisconsin
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Here is my DEMAND LETTER:
July 15, 2009 I did present the court with a MOTION TO VACATE A VOID CRIMINAL JUDGMENT. I asked if you had read the motion; you did not indicate that you had. Rather you responded, in what I have come to experience with you in all of our court room experiences -- an angry and demeaning manner - and with no due process, "It is untimely and I am incarcerating you!" I replied, "Void Judgments never die.[ Reid v. Balter (1993) 14 Cal.App.4th 1186, 1194]." I was then shackled and taken off to county jail and incarcerated for forty-four [44] days. (On that very night in the jail I did almost die due to an overdose of medication given by the guards, and had to be transported to JFK Hospital where I was kept for four days.)
Rulings made in violation of Due Process are void.
August 12, 2009 an oral motion was made to reconsider Defendant's motion and it was denied, again as "untimely."
Either you do not know the law - incompetence, or, you ignored the law - unconscionable!
CCP Section 473 permits a trial court, on noticed motion, to set aside void judgments and orders. Courts also possess inherent power to grant such relief. Reid v. Balter (1993) 14 Cal.App.4th 1186, 1194. A void act or judgment may be attacked in any forum, state or federal, where its validity may be drawn in issue. Pennoyer v. Neff, 95 U.S. 714 [24 L. Ed. 565 ] (1878).
(Burns v. Municipal Court (1961) 195 Cal.App.2d 596, 599.) "The most important is jurisdiction of the subject matter. 'No person can be punished for a public offense, except upon a legal conviction in a court having jurisdiction thereof.' (P.C. 681.) In other words, the court in a criminal trial, like the court in a civil proceeding, must have jurisdiction of the subject matter" (4 Witkin & Epstein, Cal. Criminal Law (3d ed. 2000) Jurisdiction and Venue, § 1, p. 86, citing, inter alia, Burns v. Municipal Court, supra, 195 Cal.App.2d 596, 599.)
When a judge does not follow the law, i.e., they are a trespasser of the law, the judge loses subject-matter jurisdiction and the judges' orders are void, of no legal force or effect. The U.S. Supreme Court, in Scheuer v. Rhodes, 416 U.S. 232, 94 S.Ct. 1683, 1687 (1974); Whenever a judge acts where he/she does not have jurisdiction to act, the judge is engaged in an act or acts of treason. U.S. v. Will, 449 U.S. 200, 216, 101 S.Ct. 471, 66 L.Ed.2d 392, 406 (1980 ); Cohens v. Virginia, 19 U.S. (6 Wheat) 264, 404, 5 L.Ed 257 (1821); When judges act when they do not have jurisdiction to act, or they enforce a void order (an order issued by a judge without jurisdiction), they become trespassers of the law, and are engaged in treason The Court in Yates v. Village of Hoffman Estates, Illinois, 209 F.Supp. 757 (N.D. Ill. 1962)
You have lost your immunity: When a judge does not follow the law, i.e. ,they are a trespasser of the law, the judge loses subject-matter jurisdiction and the judge's orders are void, of no legal force or effect. The U.S. Supreme Court, in Scheuer v. Rhodes, 416 U.S. 232, 94 S.Ct. 1683, 1687 (1974) stated that "when a state officer acts under a state law in a manner violative of the Federal Constitution, he "comes into conflict with the superior authority of that Constitution, and he is in that case stripped of his official or representative character and is subjected in his person to the consequences of his individual conduct. The State has no power to impart to him any immunity from responsibility to the supreme authority of the United States." [Emphasis supplied in original].
I shall be writing a motion to have your ruling against me dismissed, and again presenting my Motion to Dismiss the Void Criminal in the near future.
THEREFORE I am making this thirty [30] day demand for $150,000.
Most sincerely,
Sharon Stephens
No. It is written in the Federal constitution that private citizens cannot sue the government. Since state laws cannot contradict federal laws or the federal constitution they cannot pass a law allowing citizens to sue the government. I would also be stupid of them
