What is the statute of limitations for medical malpractice in Virginia?
The statute of limitations in Virginia for medical malpractice is two years from the date of malpractice. The state's law is a bit harsher than most other states as it does not include "the discovery rule."
Does criminal law reflect power relations in society?
Putting people in prison for going into debt seems to be a thing of the past, probably because society has realized that no one is the total master of their financial matters.
Many states have repealed laws dictating proper sexual behavior between consenting adults, reflecting the changing morals of the nation.
A tort is a civil wrong for which the law provides a remedy?
A tort is any action which harms an individual's financial state or health that is caused directly, indirectly, on purpose, or accidentally by another individual or party of individuals. Tort is also often referred to as a civil tort when civil actions can be taken against the tortfeasor (individual or party of individuals being held responsible for the tort in question." When you sue someone, that person being sued is the tortfeasor and the action of theirs for which you are suing against is called the tort. I am not an attorney, so my answer could be wrong on various levels, but I believe that is the best layman's explanation for your answer.
What is the statute of limitations in Arkansas for filing a medical malpractice suit?
The standard limit is 5 years for debts in Arkansas, only 3 years for Oral agreements or Open Accounts like credit cards. This is from the last communications by the debtor. They can file claim at any point during this time.
Does defamation include libel and slander?
Yes, libel (written statements tending to cause defamation of character) and slander (oral statements tending to cause defamation of character) are the two forms of defamation.
How much money can you get in a discrimination law suit?
It will depend on what damage you incurred as a result of the discrimination.
ADDED: . . . . AND, what kind of (and how much) damages you are asking for, AND what the jury thinks of your claim of discrimination.
What is the statute of limitations on medical claims for all 50 states?
Since the laws of all 50 individual states are not uniform, to answer this question would require detailed research of the statutes of all 50 states. Perhaps the questioner might care to do their own research at their leisure.
What is the difference between criminal and civil malpractice?
It refers to the unethical practice of law outisde the accepted canons of legal ethics. There is no difference between the two when referring to malpractice
Another answer:
Malpractice refers to the negligent practice of law where ther is an attorney-client relationship that creates a duty of care on the part of the attorney to the client; a breach of that duty, which breach is the proximate cause of damages suffered by the client. The standard of care a lawyer must provide is generally stated as a being that degree of reasonable knowledge and skill that lawyers of ordinary ability and skill possess and exercise.
Legal malpractice is not the same as unethical conduct although unethical conduct which causes damages to a client could be the basis of a lawsuit by the client against the lawyer to recover those damages.
Can you sue if someone falsely accused you of defamation of character?
Your grammar is off, but I think you are asking if someone makes a false statement about your character, can you sue them for defamation? The basic answer is yes, but it of course depends on many factors. If you feel you have been defamed, you should seek the advice of a lawyer. However, I will tell you that you cant sue someone for defamation if the statement they made about you was either true or just their opinion. In addition, mere name calling does not suffice either. Finally, the statement must be made to a third party.
Can someone sue you for being injured on your property?
Yes, you can be sued by another person who got injured on your property under the law on Premises Liability.
Basically, all property owners can be held liable for injuries caused by accidents, which occur on their property. This is based on the amount of control the owner has on the property and his knowledge about a hazardous condition or defect that caused the injury. If such hazardous condition or defect was known to the property owner and he failed to fix or correct it, which caused injury to another person, he can be held liable because of his negligence.
Of course, and it happens all the time. Sometimes even a trespasser can sue a homeowner for injuries on your property. To make out a case for liability for negligence a plaintiff must show that the owner owed a duty of care to the injured person; that the owner breached that duty and that that breach was the proximate cause of the injuries. Whether there is a duty of care in particular situations is a matter of law and depends upon fairness and public policy. The standard of care an owner is required to observe differs depending on the status of the person injured. Higher standards of care exist for persons invited to be on the property while lower standards exist for person just permitted to be on the property and even persons trespassing on the property.
What are the specific aims and purposes of the criminal law?
in general the protection of citizens and any asset the common denominator in a society believes to need protection, in addition the protection of the state and its outlets and the procedural rules.
What is the minimum amount of money that is owed needed to file a lawsuit?
If you are the one seeking to file a lawsuit, you need to check with your local courthouse (or the courthouse of where the transaction/claim) took place. Civil lawsuits can cost as little as $75 to file but fees vary. Federal lawsuits can cost more. You have to take into consideration that you will have to have the person served (could be a couple of hundred dollars).
What is the difference between the plaintiff and the defendant in civil court matters?
plaintiff: the one who has a complaint and went to court to fix it. defendant: the one who is the reason of the complaint.
In civil court these are terms that are used to identify the parties to the suit. The PLAINTIFF, is the aggrieved party who is initiating the lawsuit (i.e.- the one who is suing). The DEFENDANT is the party against whom the suit is being brought (i.e.- the one being sued). Depending upon the court system, sometimes the DEFENDANT is known as the RESPONDENT.
In criminal law, the party is not referred to as the plaintiff. There is only the prosecution and the defendant, and the prosecution will always show up.
In criminal law, there is a complainant, who is commonly the victim to the crime. If that victim does not show up, the prosecution requests a continuance, and may even submit a Motion to the judge to compel the victim to court. Generally, with proof that the prosecution has properly attempted to subpoena the victim, the judge may give two or possibly even more continuances, depending upon the customary practices of the judge and the seriousness of the crime alleged.
Can an employee of a business be sued by a customer?
Generally, no. However, if you should have known that your comany was doing something illegal, then perhaps yes. The US government sued every member of one company including the secretary, because they were running a gambling web site. And remember, they sued the programmers that wrote code for Madoff. Oh...You can ALWAYS sue...that doesnt mean you will win, or will not be held liable for the guy you are suing when he sues you back for his legal expenses.
Can a spouse sue another person for having an extramarital affair that causes them to get a divorce?
You can sue the interloper for what's called "tortious interference." It's been done successfully recently. (Recently for me is anything in the last ten years.) Basically, the idea is this: Persons A and B have a contract. Person C comes along and impels A to violate or break his contract with B. B sues C for tortious interference.
When can someone be held for defamation of character?
When can someone be held for defamation of character or accusing you of something very wrong that you did not do?
Where do you file a response to a civil suit?
The defendant's answer to a civil summons for a lawsuit is sent to the issuing court and a copy to the plaintiff or the plaintiff's legal counsel. Addresses can be found on the summons itself.
What states still allow criminal conversation lawsuits?
At least 33 states have abolished the tort of criminal conversation--29 by statute and 4 by common law. For example, the tort was abolished in Virginia by statute and in Tennessee by common law, but North Carolina still allows it.
What is the medical statute of limitations in NC?
Most statuatory limitations for any medical malpractice usually are one year from the onset of problems arising from the procedure causing the malpractice. The states often follow the Insurance rules of practice, but it will vary from state to state as to the time limitations and monitary cap for specific problems.
You would be well adviced to contact an attorney for more specific laws and time limits in your jurisdiction.
Most states require that you first file a "tort claim" which notifies the school district of your intent to sue. Then, after filing the tort claim, you must wait sixty days, and if you and the district cannot come to a settlement of your claim, you may file a lawsuit.
I strongly recommend consulting with a personal injury attorney before filing a tort claim or lawsuit against a school district. Most personal injury attorneys will give you a free consultation.
Statute of limitations for medical malpractice in Arizona?
It will depend on what the specific charges are. Violent crimes and murder, which would include assault, have no statute of limitations in Arizona. Other felonies are set at 7 years. Misdemeanors will be set at 1 year and petty offenses at 6 months. It is tolled if the identity is not known or they are absent from the state.
Can you sue someone outside of the us?
Yes, you can either sue them in the US, if the court has jurisdiction over the matter and some property or person in the US, or go sue them in the country where they are found or reside.
Who are the plantiff and the defendant?
In civil court these are terms that are used to identify the parties to the suit. The PLAINTIFF, is the aggrieved party who is initiating the lawsuit (i.e.- the one who is suing). The DEFENDANT is the party against whom the suit is being brought (i.e.- the one being sued). Depending upon the court system, sometimes the DEFENDANT is known as the RESPONDENT.