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Premises Liability
Premises liability (known in some common law jurisdictions as occupiers' liability) is the liability that a landowner or occupier has for certain torts that occur on their land. Scope of the law Premises liability may range from things from "injuries caused by a variety of hazardous conditions, including open excavations, uneven pavement, standing water, crumbling curbs, wet floors, uncleared snow, icy walks, falling objects, inadequate security, insufficient lighting, concealed holes, improperly secured mats, or defects in chairs or benches". For premises liability to apply: # The defendant must possess the land or "premises". # The plaintiff must be an invitee or, in certain cases, a licensee. Traditionally, trespassers were not protected under premises liability law. However, in 1968, the California Supreme Court issued a vastly influential opinion, ''Rowland v. Christian'', 69 Cal.2d 108 (1968), which abolished the significance of legal distinctions such as invitee, licensee ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
California Legislature
The California State Legislature is a bicameral state legislature consisting of a lower house, the California State Assembly, with 80 members; and an upper house, the California State Senate, with 40 members. Both houses of the Legislature convene at the California State Capitol in Sacramento. The California state legislature is one of just ten full-time state legislatures in the United States. The houses are distinguished by the colors of the carpet and trim of each house. The Senate is distinguished by red and the Assembly by the color green, inspired by the House of Lords and House of Commons respectively. The Democratic Party currently holds veto-proof supermajorities in both houses of the California State Legislature. The Assembly consists of 60 Democrats and 19 Republicans, with one independent, while the Senate is composed of 31 Democrats and 9 Republicans. Except for a brief period from 1995 to 1996, the Assembly has been in Democratic hands since the 1970 el ... [...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] |
Slip And Fall
A slip and fall injury, also known as a trip and fall, is a premises liability claim, a type of personal injury claim or case based on a person slipping (or tripping) on the premises of another and, as a result, suffering injury. It is a tort. A person who is injured by falling may be entitled to monetary compensation for the injury from the owner or person in possession of the premises where the injury occurred. Liability for slip or trip and fall injuries may arise based upon a defendant's ownership of the premises where the injury occurred, their control of the premises, or both. For example, a store may be liable for a slip-and-fall injury that occurs inside of its premises, even though it rents those premises, because it has exclusive control of the interior of the rented property. The owner of the premises (the store's landlord) may have sole or shared liability for an injury that occurs outside of the store's exclusive premises, such as the injury from a fall on the side ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New York Supreme Court, Appellate Division
The Appellate Divisions of the Supreme Court of the State of New York are the intermediate appellate courts in New York State. There are four Appellate Divisions, one in each of the state's four Judicial Departments (e.g., the full title of the "Fourth Department" is "Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department").NY Courts website Appellate Divisions page Accessed June 24, 2009. Jurisdiction Each Appellate Division primarily hears appeals from the superior courts (, surrogate's courts, family courts, county courts, and Court of Claims) in civil cases, the Supreme Court in criminal case ...[...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New York Court Of Appeals
The New York Court of Appeals is the highest court in the Unified Court System of the State of New York. The Court of Appeals consists of seven judges: the Chief Judge and six Associate Judges who are appointed by the Governor and confirmed by the State Senate to 14-year terms. The Chief Judge of the Court of Appeals also heads administration of the state's court system, and thus is also known as the Chief Judge of the State of New York. Its 1842 Neoclassical courthouse is located in New York's capital, Albany. Nomenclature In the Federal court system, and most U.S. states, the court of last resort is known as the "Supreme Court". New York, however, calls its trial and intermediate appellate courts the "Supreme Court", and the court of last resort the Court of Appeals. This sometimes leads to confusion regarding the roles of the respective courts. Further adding to the misunderstanding is New York's terminology for jurists on its top two courts. Those who sit on its supreme ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Plaintiff
A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order (e.g., an order for damages). "Plaintiff" is the term used in civil cases in most English-speaking jurisdictions, the notable exceptions being England and Wales, where a plaintiff has, since the introduction of the Civil Procedure Rules in 1999, been known as a "claimant" and Scotland, where the party has always been known as the "pursuer". In criminal cases, the prosecutor brings the case against the defendant, but the key complaining party is often called the "complainant". In some jurisdictions, a lawsuit is commenced by filing a summons, claim form or a complaint. These documents are known as pleadings, that set forth the alleged wrongs committed by the defendant or defendants with a de ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Strip Mall
A strip mall, strip center or strip plaza is a type of shopping center common in North America where the stores are arranged in a row, with a sidewalk in front. Strip malls are typically developed as a unit and have large parking lots in front. Many of them face major traffic arterials and tend to be self-contained with few pedestrian connections to surrounding neighborhoods. Smaller strip malls may be called mini-malls, while larger ones may be called power centers or big box centers. In 2013, ''The New York Times'' reported that the United States had 65,840 strip malls. In 2020, ''The Wall Street Journal'' wrote that in the United States, despite the continuing retail apocalypse starting around 2010, investments and visitor numbers were increasing to strip malls. In the United Kingdom and Ireland, strip malls are called retail parks or retail outlets. They are usually located on the outskirts of most towns and cities, and serve as an alternative to the High Street in the UK ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parking Lot
A parking lot (American English) or car park (British English), also known as a car lot, is a cleared area intended for parking vehicles. The term usually refers to an area dedicated only for parking, with a durable or semi-durable surface. In most countries where cars are the dominant mode of transportation, parking lots are a feature of every city and suburban area. Shopping malls, sports stadiums, megachurches and similar venues often have immense parking lots. (See also: multistorey car park) Parking lots tend to be sources of water pollution because of their extensive impervious surfaces, and because most have limited or no facilities to control runoff. Many areas today also require minimum landscaping in parking lots to provide shade and help mitigate the extent to which their paved surfaces contribute to heat islands. Many municipalities require minimum numbers of parking spaces for buildings such as stores (by floor area) and apartment complexes (by number of bedr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tampa
Tampa () is a city on the Gulf Coast of the U.S. state of Florida. The city's borders include the north shore of Tampa Bay and the east shore of Old Tampa Bay. Tampa is the largest city in the Tampa Bay area and the seat of Hillsborough County. With a population of 384,959 according to the 2020 census, Tampa is the third-most populated city in Florida after Jacksonville and Miami and is the 52nd most populated city in the United States. Tampa functioned as a military center during the 19th century with the establishment of Fort Brooke. The cigar industry was also brought to the city by Vincente Martinez Ybor, after whom Ybor City is named. Tampa was formally reincorporated as a city in 1887, following the Civil War. Today, Tampa's economy is driven by tourism, health care, finance, insurance, technology, construction, and the maritime industry. The bay's port is the largest in the state, responsible for over $15 billion in economic impact. The city is part of the Tampa-St. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kidnapping
In criminal law, kidnapping is the unlawful confinement of a person against their will, often including transportation/asportation. The asportation and abduction element is typically but not necessarily conducted by means of force or fear: the perpetrator may use a weapon to force the victim into a vehicle, but it is still kidnapping if the victim is enticed to enter the vehicle willingly (e.g. in the belief that it is a taxicab). Kidnapping may be done to demand for ransom in exchange for releasing the victim, or for other illegal purposes. Kidnapping can be accompanied by bodily injury which elevates the crime to aggravated kidnapping. Kidnapping of a child is known as child abduction, which is a separate legal category. Motivations Kidnapping of children is usually done by one parent or others. The kidnapping of adults is often for ransom or to force someone to withdraw money from an Automated teller machine, ATM, but may also be for sexual assault. Children have also been ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
University Of South Florida
The University of South Florida (USF) is a public research university with its main campus located in Tampa, Florida, and other campuses in St. Petersburg and Sarasota. It is one of 12 members of the State University System of Florida. USF is home to 14 colleges, offering more than 240 undergraduate, graduate, specialist, and doctoral-level degree programs. USF is classified among "R1: Doctoral Universities – Very high research activity" and is accredited by the Commission on Colleges of the Southern Association of Colleges and Schools. USF is designated by the Florida Board of Governors as one of three Preeminent State Research Universities. Founded in 1956, USF is the fourth largest university in Florida by enrollment, with 49,766 students from over 145 countries, all 50 states, all five U.S. Territories, and the District of Columbia as of the 2022–2023 academic year. In 2022, the university reported an annual budget of $2.31 billion and an annual economic impact of ove ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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