27
The tort for this kind of activity is called public disclosure of private facts, and almost every U.S. state recognizes that this tort is invalid under the First Amendment in the absence of a legal duty not to disclose of the type existing between an attorney and client, or a psychotherapist and a patient, or a contractual non-disclosure agreement, that does ...
10
I know nothing about the law.
What I have heard from others (that also know nothing) is that in some countries/states it might be illegal to record audio/video without the recording party being present. The exact location (public/private/bedroom/bathroom) of the recording might also make a difference.
(for example)
Illegal: Someone hides a running ...
9
Probably not.
Overview
You haven't specified a jurisdiction. I will talk about Australia because that's what I'm familiar with.
In Australia the most relevant area of law would be tort, specifically negligence. The university would be liable to pay damages if a court found that it owed a duty of care to your friend, that it breached that duty, and that ...
9
To use Texas as an example:
Sec. 22.01. ASSAULT. (a) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse;
(2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or
(3) intentionally ...
7
Yes.
It is a crime almost everywhere to throw something at someone, even if it causes little or no injury. Usually it would be classified as "assault and battery" although if it damages clothing or other property, it could also be called, for example, "criminal mischief" which is intentional damage to property.
It would also be a tort that could be ...
6
This has been a long-considered matter. Under common law, unwanted incidental touching - say, in the context of a public space - is not illegal per se.
In Cole v. Turner (1704) 87 ER 907, Holt CJ said that:
First, the least touching of another in anger is a battery.
Secondly, if two or more meet in a narrow passage, and without any violence or design ...
6
You would need to be able to prove that he encroached on your land (or your tenancy to land) with his pesticide/herbicide. You should speak to him and let him know that you feel his herbicide made its way (it could've come with the wind if its just on the borders) to the land, and as a result your animals were harmed. It's always better to see if you can ...
5
To win a negligence claim, the plaintiff needs to prove that the defendant:
had a duty to the plaintiff,
breached that duty by failing to conform to the required standard of conduct (generally the standard of a reasonable person),
the plaintiff must have suffered actual harm,
the negligent conduct was, in law, the cause of that harm, and
that harm was ...
5
Short answer
The general approach and attitude that you propose is a horrible one that would bring an unfavorable result. It would add many months or years to the time when the case would mostly likely be resolved and would reduce the economic value of your case by a substantial percentage, perhaps cutting it in half or more.
Your instincts towards the ...
5
One of the biggest problems here is in proof of injury attributable to an individual...
With asbestos, you can prove that direct exposure in a certain instance caused a long-term harm. Just because you were around asbestos doesn't mean you get lung cancer, so if you don't actually suffer any harm (or any harm yet), you won't get awarded damages.
Similarly ...
4
(My expectation is that the proof has to be replicated and the
conviction cannot be introduced as evidence).
Your expectation is incorrect.
The name of the legal doctrine that allows a criminal judgment to have this effect in a civil case is called "collateral estoppel" which is also sometimes called "issue preclusion". See, e.g., A-1 Auto Repair & ...
4
Who Is On The Risk?
This depends upon the language of the respective Gecko and NoState policies, the liability of each insurer is determined independently, and it is possible that neither, one or both of them would be "on the risk" as they say in the industry.
Usually, insurance policies are drafted on either an "occurrence" basis (i.e. when the "incident" ...
4
The US Supreme Court only has jurisdiction in federal matters. So if someone is suing under federal law, or there is a constitutional question, the Supreme Court is the place to go for a definitive answer.
However, states have their own laws. The Supreme Court cannot tell New York that it must apply the attractive nuisance doctrine, as it is neither a ...
4
Sure, you can sue; but who are you going to sue? You have to prove someone knew about the fact that one condo resident was going to be paying for the other condo's hot water.
Mixed up plumbing and electrical systems are fairly common in apartment and condo complexes, especially ones that have been converted. Chances are high it's a mistake and was not done ...
4
Probably not.
It appears that in the case in question, your lawyers, while they were representing you, agreed to a protective order that kept certain information including settlement offers made to them by the opposing parties' lawyers (even if those offers were rejected) confidential.
You are bound by the agreements made by your lawyers if they are your ...
4
If the accident was your fault, the person harmed by the accident has a right to sue you for the amount of damages incurred, and will prevail if they can prove your fault and their damages in court.
You don't have to settle the case at all. You could simply wait for them to sue you, although doing so would result in a claim against your car insurance policy ...
3
Usually web site owners will prefer arbitration and people who would potentially sue web site owners will prefer a court forum, but this is only a typical situation and not a die hard rule for all circumstances.
Features of arbitration:
Binding arbitration is not subject to appeal so it tends to favor repeat, low stakes litigators over one-time high stakes ...
3
I'm sorry that you've had to go through this. Car accidents are rough business (having been through two, I know how bad they can be!).
As others in this thread have pointed out, Utah is a no-fault state. Legislators intended for this to cut down on court costs and unburden the legal system. Drivers just turn to their insurance companies and have their ...
3
"No fault" is a term of art in this case. In a "no fault" insurance regime, such as the one in place in Utah, minor car accidents are covered by the insurance company of the person who suffers the damage, and not by the person who is at fault in the accident.
Utah's "No-Fault" Insurance System
Utah is a "no-fault" car insurance state. This means that ...
3
Actually, as a general matter, unwanted 'touching' or if you prefer, incidental bodily contact, is most certainly NOT unlawful.
You have no valid expectation of a sphere of invincibility in public.
3
Typically the victims of armed robberies file police reports, and the prosecutor brings charges on behalf of the State. In other words, individuals don't bring suits for armed robbery.
What you might be referring to is that the University breached a tort duty to protect. There is some case law on the topic. For example, in Kline v. 1500 Mass. Ave. ...
3
The Liability Insurance Crisis
There was absolutely an increase in liability insurance premiums in the 1980s, although the cause of the liability insurance crisis in the 1980s remains disputed.
During the period from 1984 to 1987, premiums for general liability
increased from about $6.5 billion to approximately $19.5 billion.2
In addition to ...
3
Short Answer
It might or might not be an anti-trust violations depending upon the states where the employers and employee are located.
But, as a practical matter, it is almost impossible for an employee to prove an anti-trust violation without an insider leaking a "smoking gun" document or a company admitting to improper conduct, before a lawsuit is filed....
3
The Example of Colorado Law
In Colorado, a private individual who is a victim of theft can bring a lawsuit for civil theft in which a prevailing theft victim can recover the actual economic amount of the theft (including pre-judgment interest at the statutory rate from lost use of the stolen property per a separate pre-judgment interest statute), treble ...
3
You Have No Recourse
You have no recourse, at least to the extent that the people communicating to your employer point out the particular Facebook posts that were made or accurately summarize or paraphrase them (if the content of the Facebook posts was misrepresented to the employer that would be a different story).
A factually truthful statement (e.g., "...
3
Insurance doesn't work the way you think it does
Insurance indemnifies Bob from any liability he has towards Mary up to the value of the insurance. So, if a court finds that Bob must pay Mary $200k then Bob must pay Mary $200k. Bob can then turn to his insurer to indemnify him and, under the terms of the policy, they will pay out $100k for personal ...
3
There's been recent publicity about an American diplomat in Britain
responsible for a car accident that killed someone. She claimed
diplomatic immunity and left the country.
Could the victim's family sue her in an American court?
They could sue, but the case would probably be summarily dismissed, often one of the following two grounds:
(1) related ...
2
The ruling in Poirier v. Blue Seal at Taft Corner, a Vermont case, cites precedent to the effect that "[b]lack letter law indicates that emotional distress damages are not recoverable for fraud". Then turn the page and they note that courts are not unanimous: "Courts in other jurisdictions are all over the map
on the question of whether, and when, ...
2
The tree example is so common in Pennsylvania that the legal principles are common knowledge here: If a tree falls nobody can be blamed for its damage unless prior, credible notice was given.
I.e., the only way I can be held liable for the damage of a tree rooted on my property is if it is either obviously a hazard (e.g., already broken or falling) or else ...
Only top voted, non community-wiki answers of a minimum length are eligible
