Picard V. Barry Pontiac-Buick, Inc.
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Picard V. Barry Pontiac-Buick, Inc.
''Picard v. Barry Pontiac-Buick, Inc.'', 654 A.2d 690 (R.I. 1995) is a Rhode Island Supreme Court case often cited in tort law text books to explain the legal concept of battery. Picard was unhappy about her mechanic's brake inspection and contacted a local television news " troubleshooter" reporter. When she returned for a reinspection, she took a picture of the mechanic inspecting the brakes on her car. The mechanic turned around, approached her, pointed his finger at her, and questioned her taking a picture of him. He intentionally touched her camera with his finger. Picard claimed that when she spun around her back was injured. The trial court awarded Picard $60,366 in compensatory damages and an additional $6,350 in punitive damages. The Supreme Court held that the mechanic committed battery, because the mechanic caused an offensive or unconsensual touching upon the body of Picard, regardless of the mechanic's intent to injure. Items attached to or identified with the pla ...
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Rhode Island Supreme Court
The Rhode Island Supreme Court is the court of last resort in the U.S. State of Rhode Island. The Court consists of a Chief Justice and four Associate Justices, all selected by the Governor of Rhode Island from candidates vetted by the Judicial Nominating Commission. Each justice enjoys lifetime tenure and no mandatory retirement age, similar to Federal judges. Justices may be removed only if impeached for improper conduct by a vote of the Rhode Island House of Representatives and convicted by trial in the Rhode Island Senate. History In 1747, the Rhode Island General Assembly authorized the creation of a Superior Court of Judicature, Court of Assize, and General Gaol Delivery, consisting of one chief justice and four associates, all serving one year terms. The 1747 enactment replaced an earlier appeals court of the same name, which had been composed of the governor or deputy governor and at least six of the elected "assistants," which dated to 1729 under the same name and the comp ...
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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 ...
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Battery (tort)
At common law, battery is a tort falling under the umbrella term 'Trespass to the person'. Entailing unlawful contact which is directed and intentional, or reckless (or, in Australia, negligently) and voluntarily bringing about a harmful or offensive contact with a person or to something closely associated with them, such as a bag or purse, without legal consent. Unlike assault, in which the fear of imminent contact may support a civil claim, battery involves an actual contact. The contact can be by one person (the tortfeasor) of another (the victim), with or without a weapon, or the contact may be by an object brought about by the tortfeasor. For example, the intentionally bringing a car into contact with another person, or the intentional striking of a person with a thrown rock, is a battery. Unlike criminal law, which recognizes degrees of various crimes involving physical contact, there is but a single tort of battery. Lightly flicking a person's ear is battery, as is sev ...
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Mechanic
A mechanic is an artisan, skilled tradesperson, or technician who uses tools to build, maintain, or repair machinery, especially cars. Duties Most mechanics specialize in a particular field, such as auto body mechanics, air conditioning and refrigeration mechanics, auto mechanics, bicycle mechanics, boiler mechanics, and other areas. A mechanic is typically certified by a trade association or regional government power. Mechanics may be separated into two classes based on the type of machines they work on, heavyweight and lightweight. Heavyweight work is on larger machines or heavy equipment, such as tractors and trailers, while lightweight work is on smaller items, such as automotive engines. Automotive mechanics/automotive technicians Automotive technicians (the modern term of reference) have many trades within. Some may specialize in the electrical diagnosis, while others may specialize in the mechanical aspects. Other mechanical areas include: brakes and steering, sus ...
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Troubleshooting
Troubleshooting is a form of problem solving, often applied to repair failed products or processes on a machine or a system. It is a logical, systematic search for the source of a problem in order to solve it, and make the product or process operational again. Troubleshooting is needed to identify the symptoms. Determining the most likely cause is a process of elimination—eliminating potential causes of a problem. Finally, troubleshooting requires confirmation that the solution restores the product or process to its working state. In general, troubleshooting is the identification or diagnosis of "trouble" in the management flow of a system caused by a failure of some kind. The problem is initially described as symptoms of malfunction, and troubleshooting is the process of determining and remedying the causes of these symptoms. A system can be described in terms of its expected, desired or intended behavior (usually, for artificial systems, its purpose). Events or inputs t ...
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Picture
An image is a visual representation of something. It can be two-dimensional, three-dimensional, or somehow otherwise feed into the visual system to convey information. An image can be an artifact, such as a photograph or other two-dimensional picture, that resembles a subject. In the context of signal processing, an image is a distributed amplitude of color(s). In optics, the term “image” may refer specifically to a 2D image. An image does not have to use the entire visual system to be a visual representation. A popular example of this is of a greyscale image, which uses the visual system's sensitivity to brightness across all wavelengths, without taking into account different colors. A black and white visual representation of something is still an image, even though it does not make full use of the visual system's capabilities. Images are typically still, but in some cases can be moving or animated. Characteristics Images may be two or three-dimensional, such as a pho ...
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Assault
An assault is the act of committing physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, therefore, may result in criminal prosecution, civil liability, or both. Generally, the common law definition is the same in criminal and tort law. Traditionally, common law legal systems have separate definitions for assault and battery. When this distinction is observed, battery refers to the actual bodily contact, whereas assault refers to a credible threat or attempt to cause battery. Some jurisdictions combined the two offences into a single crime called "assault and battery", which then became widely referred to as "assault". The result is that in many of these jurisdictions, assault has taken on a definition that is more in line with the traditional definition of battery. The legal systems of civil law and Scots law have never distinguished assault from batte ...
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Rhode Island State Case Law
Rhode may refer to: *In Greek mythology: :* Rhodos, goddess and personification of the island of Rhodes :*Rhode, one of the fifty daughters of Danaus * ''Rhode'' (spider), a genus of spiders * Rhode (surname) * Rhode, County Offaly, an Irish town *Rhode, now Roses, Girona, Spain *Rhode, a suburb of Olpe, Germany *Rhode River, Maryland * Rhode-Saint-Genèse, a Belgian municipality See also * * Rhode Island, the smallest U.S. state by area *Rode (other) * Rhodes (other) *Rohde Rohde is a surname, and may refer to: * Brigitte Rohde (born 1954), East-German athlete * David S. Rohde (born 1967), American journalist * David W. Rohde (born 1944), American political scientist * Dennis Rohde (born 1986), German politician * Edu ...
{{disambiguation, geo ...
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United States Tort Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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1995 In United States Case Law
File:1995 Events Collage V2.png, From left, clockwise: O.J. Simpson is acquitted of the murders of Nicole Brown Simpson and Ronald Goldman from the year prior in "The Trial of the Century" in the United States; The Great Hanshin earthquake strikes Kobe, Japan, killing 5,000-6,000 people; The Unabomber Manifesto is published in several U.S. newspapers; Gravestones mark the victims of the Srebrenica massacre near the end of the Bosnian War; Windows 95 is launched by Microsoft for PC; The first exoplanet, 51 Pegasi b, is discovered; Space Shuttle Atlantis docks with the Space station Mir in a display of U.S.-Russian cooperation; The Alfred P. Murrah Federal Building in Oklahoma City is bombed by domestic terrorists, killing 168., 300x300px, thumb rect 0 0 200 200 O. J. Simpson murder case rect 200 0 400 200 Kobe earthquake rect 400 0 600 200 Unabomber Manifesto rect 0 200 300 400 Oklahoma City bombing rect 300 200 600 400 Srebrenica massacre rect 0 400 200 600 Spac ...
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1995 In Rhode Island
File:1995 Events Collage V2.png, From left, clockwise: O.J. Simpson is O. J. Simpson murder case, acquitted of the murders of Nicole Brown Simpson and Ronald Goldman from the 1994, year prior in "The Trial of the Century" in the United States; The Great Hanshin earthquake strikes Kobe, Japan, killing 5,000-6,000 people; The Unabomber Manifesto is published in several U.S. newspapers; Gravestone, Gravestones mark the victims of the Srebrenica massacre near the end of the Bosnian War; Windows 95 is launched by Microsoft for Personal computer, PC; The first exoplanet, 51 Pegasi b, is discovered; Space Shuttle Atlantis docks with the Space station Mir in a display of U.S.-Russian cooperation; The Alfred P. Murrah Federal Building in Oklahoma City is Oklahoma City bombing, bombed by Domestic terrorism in the United States, domestic terrorists, killing 168., 300x300px, thumb rect 0 0 200 200 O. J. Simpson murder case rect 200 0 400 200 Great Hanshin earthquake, Kobe earthquake rect 400 0 6 ...
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