26 January 2009
... of care on the city, separation of powers. No constitutional duty of municipal rescue. DeShaney v. Winnebago 1989 SCOTUS: 14th due process no claim when social service failed to protect small child they knew were being beaten and who was permanently disabled after they returned him to his father. Cl ...
... of care on the city, separation of powers. No constitutional duty of municipal rescue. DeShaney v. Winnebago 1989 SCOTUS: 14th due process no claim when social service failed to protect small child they knew were being beaten and who was permanently disabled after they returned him to his father. Cl ...
Goldberg
... Direct might be unforeseeable - Wagon Mound I (possible contrib. negl)...................17 This time it’s foreseeable – Wagon Mound II (noncontrib. party this time)..................17 First “scope of risk” -- Ventricelli v. Kinney (trunk, accident while parking) .............17 Negligence per se - ...
... Direct might be unforeseeable - Wagon Mound I (possible contrib. negl)...................17 This time it’s foreseeable – Wagon Mound II (noncontrib. party this time)..................17 First “scope of risk” -- Ventricelli v. Kinney (trunk, accident while parking) .............17 Negligence per se - ...
I. INTENTIONAL TORTS - Intent - purposefully causing elements of
... - However, even if not intentionally entering land, if volition to enter exists, still trespass - Trespass extends immediately above ground - shooting a bullet above land - Airplane or military missile flying high above ground does NOT count as a trespass to land - Liability exists for nominal damag ...
... - However, even if not intentionally entering land, if volition to enter exists, still trespass - Trespass extends immediately above ground - shooting a bullet above land - Airplane or military missile flying high above ground does NOT count as a trespass to land - Liability exists for nominal damag ...
January 16, 2007
... • In addition to the three (3) components requiring proof in the intentional torts - identification, causation and damage - two further components are required. A plaintiff ("injured party") must also show that • a "standard of care" is owed and • that this "standard" was breached. This second requi ...
... • In addition to the three (3) components requiring proof in the intentional torts - identification, causation and damage - two further components are required. A plaintiff ("injured party") must also show that • a "standard of care" is owed and • that this "standard" was breached. This second requi ...
Chapter 19 -
... • Some legal defenses can defeat a claim for damages: – The last clear chance rule states that a plaintiff who is endangered by his or her own negligence can still recover damages from the defendant if the defendant has a last clear chance to avoid the accident but fails to do so – Under the assumpt ...
... • Some legal defenses can defeat a claim for damages: – The last clear chance rule states that a plaintiff who is endangered by his or her own negligence can still recover damages from the defendant if the defendant has a last clear chance to avoid the accident but fails to do so – Under the assumpt ...
Answer
... The chapter also introduces a number of new legal terms that you will find described in the text material. Definitions of these terms should be committed to memory or understood thoroughly by the students. In addition to the text description, the Glossary at the back of the text might be consulted f ...
... The chapter also introduces a number of new legal terms that you will find described in the text material. Definitions of these terms should be committed to memory or understood thoroughly by the students. In addition to the text description, the Glossary at the back of the text might be consulted f ...
TORTS(2) - Ole Miss LSSB
... “Substantially certain” means more than just likely to happen, means act will happen unless some other force intervenes to stop it. Subjective test based on what was substantially certain to the D Florida Test (minority) – Conduct is intentional if: a. D’s purpose was to cause the particular harm ...
... “Substantially certain” means more than just likely to happen, means act will happen unless some other force intervenes to stop it. Subjective test based on what was substantially certain to the D Florida Test (minority) – Conduct is intentional if: a. D’s purpose was to cause the particular harm ...
Virginia Practice Series: Tort and Personal Injury Law
... In Shevlin Smith v. McLaughlin, the Court held that an attorney cannot be held liable for failing to correctly predict the outcome of an unsettled legal issue. The Court further held that "collectability'' of a judgment against the underlying defendant is relevant in a legal malpractice action, beca ...
... In Shevlin Smith v. McLaughlin, the Court held that an attorney cannot be held liable for failing to correctly predict the outcome of an unsettled legal issue. The Court further held that "collectability'' of a judgment against the underlying defendant is relevant in a legal malpractice action, beca ...
notes95
... Who is an employee? A term used by parties to describe their relationship is not definitive in nature and a court must decide as a matter of law: Narich v Commissioner of Pay-roll Tax (1983). A prominent factor in determining the nature of the relationship is the degree of control which the employer ...
... Who is an employee? A term used by parties to describe their relationship is not definitive in nature and a court must decide as a matter of law: Narich v Commissioner of Pay-roll Tax (1983). A prominent factor in determining the nature of the relationship is the degree of control which the employer ...
I - E
... fires started. Combined fires burn Π’s house and Π sues both. If we use but4 test, both ∆s will argue that even if I put out fire, other ∆’s fire would burn the house. In this case, we use the substantial factor test. Just ask: did each of the ∆s contribute to the injury in a significant way and if ...
... fires started. Combined fires burn Π’s house and Π sues both. If we use but4 test, both ∆s will argue that even if I put out fire, other ∆’s fire would burn the house. In this case, we use the substantial factor test. Just ask: did each of the ∆s contribute to the injury in a significant way and if ...
What is tort? - WRCBusinessManagementWiki2010
... “The word tort in modern law now refers to conduct which is a civil wrong. In particular, a tort in the law refers to a breach of some duty, other than a duty arising under a contract, which gives rise to a civil cause of action and for which compensation may be recoverable…” ...
... “The word tort in modern law now refers to conduct which is a civil wrong. In particular, a tort in the law refers to a breach of some duty, other than a duty arising under a contract, which gives rise to a civil cause of action and for which compensation may be recoverable…” ...
Glossary of Ethics T..
... have made on the basis of their scientific judgment would be too burdensome, and might even suppress publication.) Dictionary definitions frequently apply the term only to conflicts between a person's private interests and those of a public office the person holds, and by extension with that person' ...
... have made on the basis of their scientific judgment would be too burdensome, and might even suppress publication.) Dictionary definitions frequently apply the term only to conflicts between a person's private interests and those of a public office the person holds, and by extension with that person' ...
Isolation and Quarantine - Massachusetts Health Officers Association
... established trade or business of the same nature as that involved in the service performed. ...
... established trade or business of the same nature as that involved in the service performed. ...
Drug Detection in Schools
... means of effecting it – Analogy to weapons case (In re FB) suggests that drug issue falls short of ‘interest’ standard – Method is not ‘efficacious’ to prevent drug use since targets are not at high risk – Privacy interests can be trumped, but no demonstration of need for this broad target populatio ...
... means of effecting it – Analogy to weapons case (In re FB) suggests that drug issue falls short of ‘interest’ standard – Method is not ‘efficacious’ to prevent drug use since targets are not at high risk – Privacy interests can be trumped, but no demonstration of need for this broad target populatio ...
Legal Pluralism in Tort Law Theory: Balancing Instrumental Theories
... Starting from a position of support for the mixed-pluralistic thesis, the advantages offered by current mixed-pluralistic approaches are identified, and a new mixed-pluralistic approach is proposed which is adapted to the multitude of significant changes that have affected contemporary common tort l ...
... Starting from a position of support for the mixed-pluralistic thesis, the advantages offered by current mixed-pluralistic approaches are identified, and a new mixed-pluralistic approach is proposed which is adapted to the multitude of significant changes that have affected contemporary common tort l ...
Privacy laws of the United States
The privacy laws of the United States deal with several different legal concepts. One is the invasion of privacy, a tort based in common law allowing an aggrieved party to bring a lawsuit against an individual who unlawfully intrudes into his or her private affairs, discloses his or her private information, publicizes him or her in a false light, or appropriates his or her name for personal gain. Public figures have less privacy, and this is an evolving area of law as it relates to the media.The essence of the law derives from a right to privacy, defined broadly as ""the right to be let alone."" It usually excludes personal matters or activities which may reasonably be of public interest, like those of celebrities or participants in newsworthy events. Invasion of the right to privacy can be the basis for a lawsuit for damages against the person or entity violating the right. These include the Fourth Amendment right to be free of unwarranted search or seizure, the First Amendment right to free assembly, and the Fourteenth Amendment due process right, recognized by the Supreme Court as protecting a general right to privacy within family, marriage, motherhood, procreation, and child rearing.