Category: Legal Resources
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Servant, Public
Servant, Public in United States Servant, Public, A civil servant or professional employee of the government. They may enjoy a form of immunity for negligent torts committed in the scope of their office. See: immunity, governmental immunity, sovereign immunity.
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Satisfaction interest
Satisfaction interest in United States Satisfaction interest The interest of a plaintiff to have remedied not only the physical or monetary injuries inflicted by a tort-feasor but also their moral right to the integrity of their person. Although the common law will generally not order an […]
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Rule-Exception Principle
Rule-Exception Principle in United States Rule-Exception Principle The general structure of the law, being a series of rules often having exceptions and even having exceptions to those exceptions. E.g. libel is a tort, but truth is a defence.
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Risk distribution
Risk distribution in United States Risk distribution The level of risk and burden of damages which is leveled upon an individual or group. Tort law seeks to determine the correct distribution of risk and responsability. Are losses better left alone? If they should be redistributed should […]
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Right to Privacy
Right to Privacy in United States International Context In the post war era, first France, and the United States, then Germany, and finally Britain recognized a generalized right of privacy. This right can be said to include a right to one’s image (Recht auf eigenes Bild), and a right to […]
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Right to an Injunction
Right to an Injunction in United States Right to an Injunction An injunction is an order to cease and desist from committing a tort which has already occurred in the past. Injunctions may be preliminary, temporary, or permanent. They are an equitable remedy. See also: nuisance
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Reversal of the burden of proof
Reversal of the burden of proof in United States Reversal of the burden of proof The reversal of the burden of proof ordinarily does not occur in a trial at common law. It can however occur in German law. What reverses in the common law is the burden of production.
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Res ipsa loquitor
Res ipsa loquitor in United States Res ipsa loquitor Literally ”the thing speaks for itself”. A fact pattern which being so obvious facially as having resulted from negligence that the court infers negligence from the very facts. This can also be seen as a form of reductio ad absurdam. […]
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Reduction of the burden of proof
Reduction of the burden of proof in United States Reduction of the burden of proof In German law it is possible to reduce the standard of proof during trial. That is not only can the burden of proof shift, it can also be reduced. This is not the case in the common law.
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Recklessness
Recklessness in United States Recklessness Having a wanton disregard for the lives and property of others. An indifference beyond mere error recklessness manifests a willful indifference to the consequences of one’s actions. Can be the basis for a determination of punitive damages (q.v.) […]
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Real Restitution
Real Restitution in United States Real Restitution The material replacement of a material object damaged or destroyed by the tort of the defendant. See damages, restitution (~syn.)
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Prohibition of Enrichment
Prohibition of Enrichment in United States Prohibition of Enrichment The principle that the reparation to a plaintiff shall not work an advantage to the plaintiff greater than their injury. In the common law however this principle is riddled with exceptions.
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Prima Facie Tort
Prima Facie Tort in United States Prima Facie Tort A facial tort, that is a rebuttable determination of the existence of a legal duty, breach of that duty, and damages which flow therefrom due to proximate and legal causation. Every prima facie tort consists of the following elements: 1) […]
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Prescription Period
Prescription Period in United States Prescription Period See statute of limitations.
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Posession
Posession in United States Posession Posession is the fact of occupation or use of an object without regard to the legal right to do so. Thus posession is either rightful or wrongful. Rightful posession is one of the rights of property (q.v.), namely the right of use or usus. The right of […]