Social Host Liability
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Social Host Liability
Social host liability is created by a statute or case law that imposes liability on social hosts as a result of their serving alcohol to adults or minors. A social host is most often a private individual who serves alcohol in a non-commercial setting. Persons subject to social-host liability in civil actions are typically those that provided alcohol to the obviously intoxicated social guests who subsequently are involved in vehicle crashes or other activities causing death or injury to third parties, or to minors who are injured as a result of intoxication that results from service of alcohol by the host, but the circumstances under which social host liability can result varies by jurisdiction. Most people are aware that serving alcohol to people who are below the legal age for the consumption of alcohol is illegal in the United States. Exceptions from that prohibition for service of alcohol to minors in family settings, for religious reasons and other purposes varies by state. I ...
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Statute
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies. Publication and organization In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette which may include other kinds of legal notices released by the government, or in the form of a series of books whose content is limited to legislative acts. In either form, statutes are traditionally published in chronological order based on date of enactment. A universal problem encountered by lawmakers throughout human history is how to organize published statutes. Such publications h ...
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Case Law
Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law", or precedent. ''Stare decisis''—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory law, which are established by executive agencies based on statutes. In some jurisdictions, case law can be applied to ongoing adjudication; for example, criminal proceedings or family law. In common law countries (including the United Kingdom, United States, Canada, Australia and Ne ...
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Legal Liability
In law, liable means "responsible or answerable in law; legally obligated". Legal liability concerns both civil law and criminal law and can arise from various areas of law, such as contracts, torts, taxes, or fines given by government agencies. The claimant is the one who seeks to establish, or prove, liability. Theories of liability Claimants can prove liability through a myriad of different theories, known as theories of liability. Which theories of liability are available in a given case depends on nature of the law in question. For example, in case involving a contractual dispute, one available theory of liability is breach of contract; or in the tort context, negligence, negligence per se, respondeat superior, vicarious liability, strict liability, or intentional conduct are all valid theories of liability. Each theory of liability has certain conditions, or elements, that must be proven by the claimant before liability will be established. For example, the theory of n ...
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Alcoholic Beverage
An alcoholic beverage (also called an alcoholic drink, adult beverage, or a drink) is a drink that contains ethanol, a type of alcohol that acts as a drug and is produced by fermentation of grains, fruits, or other sources of sugar. The consumption of alcoholic drinks, often referred to as "drinking", plays an important social role in many cultures. Most countries have laws regulating the production, sale, and consumption of alcoholic beverages. Regulations may require the labeling of the percentage alcohol content (as ABV or proof) and the use of a warning label. Some countries ban such activities entirely, but alcoholic drinks are legal in most parts of the world. The global alcoholic drink industry exceeded $1 trillion in 2018. Alcohol is a depressant, which in low doses causes euphoria, reduces anxiety, and increases sociability. In higher doses, it causes drunkenness, stupor, unconsciousness, or death. Long-term use can lead to an alcohol use disorder, an incre ...
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Non-commercial
A non-commercial (also spelled noncommercial) activity is an activity that does not, in some sense, involve commerce, at least relative to similar activities that do have a commercial objective or emphasis. For example, advertising-free community radio stations are typically nonprofit organizations staffed by individuals volunteering their efforts to air a wide variety of radio programming, and do not run explicit radio advertisements, included in the United States specific grouping of "non-commercial educational" (NCE) public radio stations. Some Creative Commons license A Creative Commons (CC) license is one of several public copyright licenses that enable the free distribution of an otherwise copyrighted "work".A "work" is any creative material made by a person. A painting, a graphic, a book, a song/lyrics ...s include a "non-commercial" option, which has been controversial in definition.
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Drunkenness
Alcohol intoxication, also known as alcohol poisoning, commonly described as drunkenness or inebriation, is the negative behavior and physical effects caused by a recent consumption of alcohol. In addition to the toxicity of ethanol, the main psychoactive component of alcoholic beverages, other physiological symptoms may arise from the activity of acetaldehyde, a metabolite of alcohol. These effects may not arise until hours after ingestion and may contribute to the condition colloquially known as a hangover. Symptoms of intoxication at lower doses may include mild sedation and poor coordination. At higher doses, there may be slurred speech, trouble walking, and vomiting. Extreme doses may result in a respiratory depression, coma, or death. Complications may include seizures, aspiration pneumonia, injuries including suicide, and low blood sugar. Alcohol intoxication can lead to alcohol-related crime with perpetrators more likely to be intoxicated than victims. Alcohol into ...
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Vehicle
A vehicle (from la, vehiculum) is a machine that transports people or cargo. Vehicles include wagons, bicycles, motor vehicles (motorcycles, cars, trucks, buses, mobility scooters for disabled people), railed vehicles (trains, trams), watercraft (ships, boats, underwater vehicles), amphibious vehicles (screw-propelled vehicles, hovercraft), aircraft (airplanes, helicopters, aerostats) and spacecraft.Halsey, William D. (Editorial Director): ''MacMillan Contemporary Dictionary'', page 1106. MacMillan Publishing, 1979. Land vehicles are classified broadly by what is used to apply steering and drive forces against the ground: wheeled, tracked, railed or skied. ISO 3833-1977 is the standard, also internationally used in legislation, for road vehicles types, terms and definitions. History * The oldest boats found by archaeological excavation are logboats, with the oldest logboat found, the Pesse canoe found in a bog in the Netherlands, being carbon dated to 8040 ...
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Legal Drinking Age
The legal drinking age is the minimum age at which a person can legally consume alcoholic beverages. The minimum age alcohol can be legally consumed can be different from the age when it can be purchased in some countries. These laws vary between countries and many laws have exemptions or special circumstances. Most laws apply only to drinking alcohol in public places with alcohol consumption in the home being mostly unregulated (an exception being the UK, which has a minimum legal age of five for supervised consumption in private places). Some countries also have different age limits for different types of alcohol drinks. The majority of countries have a minimum legal drinking age of 18. The most commonly known reason for the law behind the legal drinking age is the effect on the brain in adolescents. Since the brain is still maturing, alcohol can have a negative effect on the memory and long-term thinking. Alongside that, it can cause liver failure, and create a hormone imb ...
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New Hampshire
New Hampshire is a U.S. state, state in the New England region of the northeastern United States. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Gulf of Maine to the east, and the Canadian province of Quebec to the north. Of the 50 U.S. states, New Hampshire is the List of U.S. states and territories by area, fifth smallest by area and the List of U.S. states and territories by population, tenth least populous, with slightly more than 1.3 million residents. Concord, New Hampshire, Concord is the state capital, while Manchester, New Hampshire, Manchester is the largest city. New Hampshire's List of U.S. state mottos, motto, "Live Free or Die", reflects its role in the American Revolutionary War; its state nickname, nickname, "The Granite State", refers to its extensive granite formations and quarries. It is well known nationwide for holding New Hampshire primary, the first primary (after the Iowa caucus) in the United States presidential election ...
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Dram Shop
A dram shop (or dramshop) is a bar, tavern or similar commercial establishment where alcoholic beverages are sold. Traditionally, it is a shop where spirits were sold by the dram, a small unit of liquid. Dram shop liability refers to the body of law governing the liability of taverns, liquor stores, and other commercial establishments that serve alcoholic beverages. Within the United States, laws that impose potential liability upon businesses that sell alcohol for injuries caused by their patrons are usually called ''dram shop laws'' or ''dram shop acts''. Generally, dram shop laws establish the liability of establishments arising out of the sale of alcohol to visibly intoxicated persons or minors who subsequently cause death or injury to third parties (those not having a relationship to the business that sold the alcohol) as a result of alcohol-related car crashes and other accidents. The laws are intended to protect the general public from the hazards of serving alcohol to min ...
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Childs V
Childs may refer to: People *Childs (surname) Places * Childs Hill, an area of London, UK *Childs, Maryland, an unincorporated location *Childs, Minnesota, a former town *Childs, West Virginia Other uses * USS ''Childs'' (DD-241) * Childs Restaurants * ''Childs v Desormeaux'', the leading Supreme Court of Canada on social host liability for drunkenness * Childs Hall at Whiteknights Park, a campus of the University of Reading, England See also * USS ''A. Childs'' * Child * Child (surname) * Childe * Child's (other) Child's or Child & Co. is a British banking house. See also *Child Ballads, a 19th-century collection of ballads by Francis James Child *Childs Hill, London, England *Childs Hill Park, London, England *Childs Restaurants, a dining chain * Childs ( ...
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