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Comparative Negligence
Comparative negligence, called non-absolute contributory negligence outside the United States, is a partial legal defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim, based upon the degree to which the plaintiff's own negligence contributed to cause the injury. When the defense is asserted, the factfinder, usually a jury, must decide the degree to which the plaintiff's negligence and the combined negligence of all other relevant actors all contributed to cause the plaintiff's damages. It is a modification of the doctrine of contributory negligence that disallows any recovery by a plaintiff whose negligence contributed even minimally to causing the damages. Types of comparative negligence Prior to the late 1960s, only a few states had adopted the system. When comparative negligence was adopted, three main versions were used. The first is called "pure" comparative negligence. Under this type of comparative negligence, a plaintiff who ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contributory Negligence
In some common law jurisdictions, contributory negligence is a defense to a tort claim based on negligence. If it is available, the defense completely bars plaintiffs from any recovery if they contribute to their own injury through their own negligence. Because the contributory negligence doctrine can lead to harsh results, many common law jurisdictions have abolished it in favor of a "comparative fault" or "comparative negligence" approach. A comparative negligence approach reduces the plaintiff's damages award by the percentage of fault that the fact-finder assigns to the plaintiff for his or her own injury. For example, if a jury thinks that the plaintiff is 30% at fault for his own injury, the plaintiff's damages award will be reduced by 30%. History The doctrine of contributory negligence was dominant in U.S. jurisprudence in the 19th and 20th century. The English case Butterfield v. Forrester is generally recognized as the first appearance, although in this case the jud ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
West Virginia
West Virginia is a state in the Appalachian, Mid-Atlantic and Southeastern regions of the United States.The Census Bureau and the Association of American Geographers classify West Virginia as part of the Southern United States while the Bureau of Labor Statistics classifies the state as a part of the Mid-Atlantic regionMid-Atlantic Home : Mid-Atlantic Information Office: U.S. Bureau of Labor Statistics" www.bls.gov. Archived. It is bordered by Pennsylvania to the north and east, Maryland to the east and northeast, Virginia to the southeast, Kentucky to the southwest, and Ohio to the northwest. West Virginia is the 10th-smallest state by area and ranks as the 12th-least populous state, with a population of 1,793,716 residents. The capital and largest city is Charleston. West Virginia was admitted to the Union on June 20, 1863, and was a key border state during the American Civil War. It was the only state to form by separating from a Confederate state, the second to sepa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Doctrines And Principles
A legal doctrine is a framework, set of rules, procedural steps, or 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 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 The ''Northwestern University Law Review'' is a law review and student orga ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of Negligence
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions. Private individuals may create legally binding contracts, including arbitration agreements that adopt alternative ways of resolving disputes to standard court litigation. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people. Legal systems vary between jurisdictions, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tort Law
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] |
Comparative Responsibility
Comparative responsibility (known as comparative fault in some jurisdictions) is a doctrine of tort law that compares the fault of each party in a lawsuit for a single injury. Comparative responsibility may apply to intentional torts as well as negligence and encompasses the doctrine of comparative negligence. Comparative responsibility divides the fault among parties by percentages, and then accordingly divides the money awarded to the plaintiff. The plaintiff may only recover the percentage of the damages he is not at fault for. If a plaintiff is found to be 25% at fault, he can recover only 75% of his damages. There are several circumstances that make comparative responsibility intricate: when the plaintiff shares in fault for the damages, when a defendant who has a share of the fault cannot be included in the suit, when one of the defendants can not pay, and when there are charges of both negligence and intentional torts in the same action. United States Currently, only Alab ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hoffman V
Hoffman is a surname of German and Jewish origin. The original meaning in medieval times was "steward", i.e. one who manages the property of another. In English and other European languages, including Yiddish and Dutch, the name can also be spelled Hoffmann, Hofmann, Hofman, Huffman, Hofmans. People with the surname A * Aaron Hoffman (1880–1944), American writer, director and comedian * Abbie Hoffman (1936–1989), American social activist of prominence in the 1960s and 1970s * Abraham Hoffman (1938–2015), Israeli basketball player * Al Hoffman (1902–1960), Russian-born American songwriter * Alan Hoffman (born 1982), American entrepreneur * Albert Hofmann (1906–2008), Swiss chemist and discoverer of LSD * Alex Hoffman-Ellis (born 1989), American football player * Alice Hoffman (born 1952), American author * Anthony Hoffman (1739–1790), New York politician * Arthur Sullivant Hoffman (1876–1966), American magazine editor * August Wilhelm von Hofmann (1818-1892) Ge ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Li V
Li, li, or LI may refer to: Businesses and organizations * Landscape Institute, a British professional body for landscape architects * Leadership Institute, a non-profit organization located in Arlington, Virginia, US, that teaches "political technology." * Li Auto (Nasdaq: LI), a Chinese manufacturer of electric vehicles * Liberal International, a political federation for liberal parties * Linux International, an international non-profit organization * Lyndon Institute, an independent high school in the U.S. state of Vermont * The Light Infantry, a British Army infantry regiment Names * Li (surname), including: ** List of people with surname Li ** Li (surname 李), one of the most common surnames in the world ** Li (surname 黎), the 84th most common surname in China ** Li (surname 栗), the 249th most common surname in China ** Li (surname 利), the 299th most common surname in China ** Li (surname 厉), a Chinese surname ** Li (surname 郦), a Chinese surname ** Li (surname 理 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Uniform Comparative Fault Act
The Uniform Comparative Fault Act (UCFA), and its periodic revisions, is one of the Uniform Acts drafted by the National Conference of Commissioners on Uniform State Laws (NCCUSL) with the intention of harmonizing state laws in force in the states. The UCFA seeks to establish an apportionment of liability that is more flexible than the all-or-nothing approaches of the contributory negligence and last clear chance doctrines. Under the UCFA, the judgment against tortfeasors can be reduced according to any negligence on behalf of the plaintiff, and multiple tortfeasors held joint and several liability Where two or more persons are liable in respect of the same liability, in most common law legal systems they may either be: * jointly liable, or * severally liable, or * jointly and severally liable. Joint liability If parties have joint liabili ... can seek contributions from their codefendants. The UCFA has not been adopted by a large number of states, because many states prefe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Washington
The Washington Supreme Court is the highest court in the judiciary of the U.S. state of Washington. The court is composed of a chief justice and eight associate justices. Members of the court are elected to six-year terms. Justices must retire at the end of the calendar year in which they reach the age of 75, per the Washington State Constitution. The chief justice is chosen by secret ballot by the Justices to serve a 4-year term. The current chief justice is Steven C. González, who was elected by his peers on November 5, 2020. González was sworn in as Chief Justice on January 11, 2021, succeeding Debra L. Stephens. Prior to January 1997 (pursuant to a Constitutional amendment adopted in 1995), the post of chief justice was held for a 2-year term by a justice who (i) was one of the Justices with 2 years left in their term, (ii) was the most senior in years of service of that cohort, and (iii) (generally) had not previously served as chief justice. The last chief justice u ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo-Americ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Defendants
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdiction to another. In Scots law, the terms "accused" or "panel" are used instead in criminal proceedings and "defender" in civil proceedings. Another term in use is "respondent". Criminal defendants In a criminal trial, a defendant is a person accused ( charged) of committing an offense (a crime; an act defined as punishable under criminal law). The other party to a criminal trial is usually a public prosecutor, but in some jurisdictions, private prosecutions are allowed. Criminal defendants are often taken into custody by police and brought before a court under an arrest warrant. Criminal defendants are usually obliged to post bail before being released from custody. For serious cases, such as murder, bail may be refused. Defendants mu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
