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Charitable Immunity
Charitable immunity is a legal doctrine which holds that a charitable organization is not liable under tort law. It originated in 19th-century Great Britain. History The early form of charitable immunity in England did not provide immunity from suit; it only protected segregated funds held in a recognized equitable trust for the organization. In ''Heriot's Hospital'', plaintiff Ross brought an action against a charitable trust which had been established for a home for fatherless boys, contending that he had been excluded from the home even though he was fatherless and otherwise qualified for the charitable benefits. By the time his case was determined, Ross was too old for admission, and the question was whether he was entitled to damages from the trust funds. The House of Lords held that he was not. In the House of Lords, Lord Cottenham, ''in dictum'', pronounced that an award of damages out of a trust fund "would not be to apply it to those objects which the author of the f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Doctrine
A legal doctrine is a framework, set of rules, Procedural law, procedural steps, or Test (law), test, often established through precedent in the common law, through which judgments can be determined in a given legal case. A doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows for it to be Case law, equally applied to like cases. When enough judges make use of the process, it may become established as the ''de facto'' method of deciding like situations. Examples Examples of legal doctrines include: See also * Constitutionalism * Constitutional economics * Concept * Rule according to higher law * Legal fiction * Legal precedent * ''Ex aequo et bono'' References External links * *Pierre Schlag and Amy J. Griffin, "How to do Things with Legal Doctrine" (University of Chicago Press 2020) * Emerson H. Tiller and Frank B. Cross,What is Legal Doctrine? " ''Northwestern University Law Review'', Vol. 100:1, 2006. Legal doctrines ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Charitable Organization
A charitable organization or charity is an organization whose primary objectives are philanthropy and social well-being (e.g. educational, Religion, religious or other activities serving the public interest or common good). The legal definition of a charitable organization (and of charity) varies between countries and in some instances regions of the country. The Charity regulators, regulation, the tax treatment, and the way in which charity law affects charitable organizations also vary. Charitable organizations may not use any of their funds to profit individual persons or entities. (However, some charitable organizations have come under scrutiny for spending a disproportionate amount of their income to pay the salaries of their leadership). Financial figures (e.g. tax refund, revenue from fundraising, revenue from sale of goods and services or revenue from investment) are indicators to assess the financial sustainability of a charity, especially to charity evaluators. This ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tort
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictions derive their tort law from cus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Great Britain
Great Britain is an island in the North Atlantic Ocean off the northwest coast of continental Europe. With an area of , it is the largest of the British Isles, the largest European island and the ninth-largest island in the world. It is dominated by a maritime climate with narrow temperature differences between seasons. The 60% smaller island of Ireland is to the west—these islands, along with over 1,000 smaller surrounding islands and named substantial rocks, form the British Isles archipelago. Connected to mainland Europe until 9,000 years ago by a landbridge now known as Doggerland, Great Britain has been inhabited by modern humans for around 30,000 years. In 2011, it had a population of about , making it the world's third-most-populous island after Java in Indonesia and Honshu in Japan. The term "Great Britain" is often used to refer to England, Scotland and Wales, including their component adjoining islands. Great Britain and Northern Ireland now constitute the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
England
England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe by the North Sea to the east and the English Channel to the south. The country covers five-eighths of the island of Great Britain, which lies in the North Atlantic, and includes over 100 smaller islands, such as the Isles of Scilly and the Isle of Wight. The area now called England was first inhabited by modern humans during the Upper Paleolithic period, but takes its name from the Angles, a Germanic tribe deriving its name from the Anglia peninsula, who settled during the 5th and 6th centuries. England became a unified state in the 10th century and has had a significant cultural and legal impact on the wider world since the Age of Discovery, which began during the 15th century. The English language, the Anglican Church, and Engli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Immunity (other)
Immunity may refer to: Medicine * Immunity (medical), resistance of an organism to infection or disease * ''Immunity'' (journal), a scientific journal published by Cell Press Biology * Immune system Engineering * Radiofrequence immunity describes how well an electronic circuit is protected against electromagnetic interference Law *Legal immunity, the concept of a person or entity being immune from legal liability due to a special status **Absolute immunity, a type of immunity for government officials that confers total immunity when acting in the course of their duties **Amnesty law, a law that provides immunity for past crimes **Charitable immunity, immunity from liability granted to charities in many countries from the 19th century to the mid-20th century **Diplomatic immunity, agreement between sovereign governments to exclude diplomats from local laws **Immunity from prosecution (international law), exclusion of governments or their officials from prosecution under intern ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lawsuit
- A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes. A lawsuit may involve dispute resolution of private law issues between individuals, business entities or non-profit organizations. A lawsuit may also enable the state to be treated as if it were a private party ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
House Of Lords
The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. The House of Lords scrutinises Bill (law), bills that have been approved by the House of Commons. It regularly reviews and amends bills from the Commons. While it is unable to prevent bills passing into law, except in certain limited circumstances, it can delay bills and force the Commons to reconsider their decisions. In this capacity, the House of Lords acts as a check on the more powerful House of Commons that is independent of the electoral process. While members of the Lords may also take on roles as government ministers, high-ranking officials such as cabinet ministers are usually drawn from the Commons. The House of Lo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Charles Pepys, 1st Earl Of Cottenham
Charles Christopher Pepys, 1st Earl of Cottenham, (; 29 April 178129 April 1851) was an English lawyer, judge and politician. He was twice Lord High Chancellor of Great Britain. Background and education Cottenham was born in London, the second son of Sir William Pepys, 1st Baronet, a master in chancery, who was descended from John Pepys, of Cottenham, Cambridgeshire, a great-uncle of Samuel Pepys the diarist. Educated at Harrow School and Trinity College, Cambridge, Pepys was called to the bar of Lincoln's Inn in 1804. Legal and political career Cottenham's progress was slow practising at the Chancery Bar. Not until 22 years after his call was he made a King's Counsel. He sat in Parliament successively for Higham Ferrers and Malton, became Solicitor General in 1834 and Master of the Rolls in the same year. On the formation of Lord Melbourne's second administration in April 1835, the great seal was in commission for a time, but Cottenham, who had been a commissioner, was even ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Child Sexual Abuse
Child sexual abuse (CSA), also called child molestation, is a form of child abuse in which an adult or older adolescent uses a child for sexual stimulation. Forms of child sexual abuse include engaging in sexual activities with a child (whether by asking or pressuring, or by other means), indecent exposure (of the genitals, female nipples, etc.), child grooming, and child sexual exploitation, such as using a child to produce child pornography. Child sexual abuse can occur in a variety of settings, including home, school, or work (in places where child labor is common). Child marriage is one of the main forms of child sexual abuse; UNICEF has stated that child marriage "represents perhaps the most prevalent form of sexual abuse and exploitation of girls". The effects of child sexual abuse can include depression, post-traumatic stress disorder, anxiety, complex post-traumatic stress disorder, propensity to further victimization in adulthood, and physical injury to the child ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Medical Malpractice
Medical malpractice is a legal cause of action that occurs when a medical or health care professional, through a negligent act or omission, deviates from standards in their profession, thereby causing injury or death to a patient. The negligence might arise from errors in diagnosis, treatment, aftercare or health management. An act of medical malpractice usually has three characteristics. Firstly, it must be proven that the treatment has not been consistent with the standard of care, which is the standard medical treatment accepted and recognized by the profession. Secondly, it must be proven that the patient has suffered some kind of injury due to the negligence. In other words, an injury without negligence or an act of negligence without causing any injury cannot be considered malpractice. Thirdly, it must be proven that the injury resulted in significant damages such as disability, unusual pain, suffering, hardship, loss of income or a significant burden of medical bills. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Captain Of The Ship Doctrine
Captain of the ship doctrine is the legal doctrine which holds that, during an operation in an operating room, a surgeon of record is liable for all actions conducted in the course of the operation. The doctrine is a form of the "borrowed servant doctrine", in which a party usually liable for his, her, its, or their actions is absolved of responsibility when that "borrowed servant" is asked to do something that is outside of the bounds of policy. History The doctrine was coined in ''McConnel v. Williams'', 361 Pa. 355, 65 A.2d 243, 246 (1949), in which the Supreme Court of Pennsylvania ruled that, "it can readily be understood that in the course of an operation in the operating room of a hospital, and until the surgeon leaves that room at the conclusion of the operation... he is in the same complete charge of those who are present and assisting him as in the captain of a ship over all on board, and that such supreme control is indeed essential in view of the high degree of protectio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
