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Negligent Entrustment
Negligent entrustment is a cause of action in United States 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 ... which arises where one party ("the entrustor") is held liable for negligence because they negligently provided another party ("the entrustee") with a dangerous instrumentality, and the entrusted party caused injury to a third party with that instrumentality. The cause of action most frequently arises where one person allows another to drive their automobile. General principles One of the earliest reported cases under this cause of action, the 1915 State of Mississippi, Mississippi case of ''Winn v. Haliday'', concerned the negligence of the father in entrusting a dangerous agency to a son known to be negligent, based on the allegation that the appellant knew his so ...
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Law Of The United States
The law of the United States comprises many levels of Codification (law), codified and uncodified forms of law, of which the most important is the nation's Constitution of the United States, Constitution, which prescribes the foundation of the federal government of the United States, federal government of the United States, as well as various civil liberties. The Constitution sets out the boundaries of federal law, which consists of Act of Congress, Acts of Congress, treaty, treaties ratified by the United States Senate, Senate, regulations promulgated by the executive branch, and case law originating from the United States federal courts, federal judiciary. The United States Code is the official compilation and Codification (law), codification of general and permanent federal statutory law. Federal law and treaties, so long as they are in accordance with the Constitution, preempt conflicting state and territorial laws in the 50 U.S. states and in the territories. However, the s ...
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Evidence (law)
The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision. The trier of fact is a judge in bench trials, or the jury in any cases involving a jury. The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation. The rules vary depending upon whether the venue is a criminal court, civil court, or family court, and they vary by jurisdiction. The quantum of evidence is the amount of evidence needed; the quality of proof is how reliable such evidence should be considered. Important rules that govern admissibility concern hearsay, authentication, relevance, privilege, witnesses, opinions, expert testimony, identification and rules of physical evidence. There are various standards of evidence, standards sh ...
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Vicarious Liability
Vicarious liability is a form of a strict, secondary liability that arises under the common law doctrine of agency, ''respondeat superior'', the responsibility of the superior for the acts of their subordinate or, in a broader sense, the responsibility of any third party that had the "right, ability or duty to control" the activities of a violator. It can be distinguished from contributory liability, another form of secondary liability, which is rooted in the tort theory of enterprise liability because, unlike contributory infringement, knowledge is not an element of vicarious liability. The law has developed the view that some relationships by their nature require the person who engages others to accept responsibility for the wrongdoing of those others. The most important such relationship for practical purposes is that of employer and employee. Employers' liability Employers are vicariously liable, under the ''respondeat superior'' doctrine, for negligent acts or omission ...
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Negligence In Employment
Negligence in employment encompasses several causes of action in tort law that arise where an employer is held liable for the tortious acts of an employee because that employer was negligent in providing the employee with the ability to engage in a particular act. Four basic causes of action may arise from such a scenario: negligent hiring, negligent retention, negligent supervision and negligent training. While negligence in employment may overlap with negligent entrustment and vicarious liability, the concepts are distinct grounds of liability. The doctrine that an employer is liable for torts committed by employees within the scope of their employment is called ''respondeat superior''. Negligence As with all negligence claims, the claimant must prove four elements: *That the defendant (in this case, the employer) owed them a duty of care; *That this duty was breached; *That the claimant was injured as a result of the breach;Feliu & Johnson, ''Negligence in Employment Law'' , ...
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Insurance Company Of North America
Insurance Company of North America (INA) is the oldest stock insurance company in the United States, founded in Philadelphia in 1792. It was one of the largest American insurance companies of the 19th and 20th centuries before merging with Connecticut General Life to form CIGNA in 1982, and was acquired by global insurer ACE Limited (currently Chubb Limited) in 1999. 1792–1794 In 1792, Boston merchant Samuel Blodget moved to Philadelphia. He did so in part to seek a commission from President George Washington as superintendent of construction for the new federal city then being built along the Potomac River (an amateur architect, Blodget would later design the First Bank of the United States building in Philadelphia), but also to collaborate on a business venture with former U.S. Postmaster General Ebenezer Hazard, who owned a counting house in the city. Hazard had previously invested in an idea of Blodget's called the Boston Tontine, a sort of early annuity fund that also a ...
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Illinois Law
The law of Illinois consists of several levels, including constitutional, statutory, and regulatory law, as well as case law and local law. The ''Illinois Compiled Statutes'' (ILCS) form the general statutory law. Sources The Constitution of Illinois is the foremost source of state law. Legislation is enacted by the Illinois General Assembly, published in the ''Laws of Illinois'', and codified in the ''Illinois Compiled Statutes'' (ILCS). State agencies publish regulations (sometimes called administrative law) in the ''Illinois Register'', which are in turn codified in the ''Illinois Administrative Code''. Illinois's legal system is based on common law, which is interpreted by case law through the decisions of the Supreme Court and the Appellate Courts, which are published on the website of the Supreme Court. Counties, townships, cities, and villages may also promulgate local ordinances. There are also several sources of persuasive authority, which are not binding authority but a ...
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Motor Insurance
Vehicle insurance (also known as car insurance, motor insurance, or auto insurance) is insurance for cars, trucks, motorcycles, and other road vehicles. Its primary use is to provide financial protection against physical damage or bodily injury resulting from traffic collisions and against liability that could also arise from incidents in a vehicle. Vehicle insurance may additionally offer financial protection against theft of the vehicle, and against damage to the vehicle sustained from events other than traffic collisions, such as keying, weather or natural disasters, and damage sustained by colliding with stationary objects. The specific terms of vehicle insurance vary with legal regulations in each region. History Widespread use of the motor car began after the First World War in urban areas. Cars were relatively fast and dangerous by that stage, yet there was still no compulsory form of car insurance anywhere in the world. This meant that injured victims would rarely get a ...
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Insurance Policies
In insurance, the insurance policy is a contract (generally a standard form contract) between the insurer and the policyholder, which determines the claims which the insurer is legally required to pay. In exchange for an initial payment, known as the premium, the insurer promises to pay for loss caused by perils covered under the policy language. Insurance contracts are designed to meet specific needs and thus have many features not found in many other types of contracts. Since insurance policies are standard forms, they feature boilerplate language which is similar across a wide variety of different types of insurance policies. Available through HeinOnline. The insurance policy is generally an integrated contract, meaning that it includes all forms associated with the agreement between the insured and insurer.Wollner KS. (1999). How to Draft and Interpret Insurance Policies. Casualty Risk Publishing LLC. In some cases, however, supplementary writings such as letters sent after t ...
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Federal Rules Of Evidence
First adopted in 1975, the Federal Rules of Evidence codify the evidence law that applies in United States federal courts. In addition, many states in the United States have either adopted the Federal Rules of Evidence, with or without local variations, or have revised their own evidence rules or codes to at least partially follow the federal rules. History The law of evidence governs the proof of facts and the inferences flowing from such facts during the trial of civil and criminal lawsuits. Before the twentieth century, evidence law was largely the product of decisional law. During the twentieth century, projects such as the California Evidence Code and the Uniform Rules of Evidence encouraged the codification of those common law evidence rules. In 1965, Chief Justice Earl Warren appointed an advisory committee of fifteen to draft the new rules. The committee was composed of U.S. lawyers and U.S. legal scholars. The Federal Rules of Evidence began as rules proposed pursuan ...
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Bennis V
Bennis is a surname. Notable people with the surname include: * Ahmed Bennis (1914–2009), Moroccan chess master *Edward Bennis, the head football coach for the Villanova University Wildcats football team in 1916 * Elizabeth Bennis (1725–1802), an Irish Methodist activist and diarist *Mohammed Bennis, Moroccan poet and one of the most important poets of Modern Arabic Poetry *Phil Bennis (born 1942), retired Irish hurling manager and former player *Phyllis Bennis (born 1951), American writer and activist *Richie Bennis (born 1945), retired Irish hurling manager and former player * Susan Bennis, shoe designer and co-founder of the Susan Dennis/Warren Edwards brand *Warren Bennis (born 1925), American scholar, organizational consultant and author, and pioneer of Leadership studies See also * Benni, a given name and surname *''Bennis v. Michigan ''Bennis v. Michigan'', 516 U.S. 442 (1996), was a decision by the United States Supreme Court, which held that the innocent owner defense ...
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Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States ...
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Testimony
In law and in religion, testimony is a solemn attestation as to the truth of a matter. Etymology The words "testimony" and "testify" both derive from the Latin word ''testis'', referring to the notion of a disinterested third-party witness. Law In the law, testimony is a form of evidence that is obtained from a witness who makes a solemn statement or declaration of fact. Testimony may be oral or written, and it is usually made by oath or affirmation under penalty of perjury. To be admissible in court and for maximum reliability and validity, written testimony is usually witnessed by one or more persons who swear or affirm its authenticity, also under penalty of perjury. Unless a witness is testifying as an expert witness, testimony in the form of opinions or inferences is generally limited to those opinions or inferences that are rationally based on the perceptions of the witness and are helpful to a clear understanding of the witness' testimony. Legitimate expert witnesses w ...
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