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Summers V. Tice
''Summers v. Tice''(1948), is a seminal California Supreme Court tort law decision relating to the issue of liability where a plaintiff cannot identify with specificity which among multiple defendants caused his harm. The case established the doctrine of alternative liability and has had its greatest influence in the area of product liability in American jurisprudence. Background In ''Summers'' the plaintiff, Charles A. Summers, accompanied defendants Tice and Simonson as a guide on a quail hunt on November 20, 1945. Each of the defendants was armed with a 12 gauge shotgun loaded with shells containing 7 size shot. Prior to going hunting plaintiff discussed the hunting procedure with defendants, indicating that they were to exercise care when shooting and to "keep in line." Plaintiff advanced ahead of the defendants up a hill, creating a triangle among the three men, with plaintiff front and center. The view of both defendants with respect to Summers was unobstructed, and ...
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Causation (law)
Causation is the "causal relationship between the defendant's conduct and end result". In other words, causation provides a means of connecting conduct with a resulting effect, typically an injury. In criminal law, it is defined as the '' actus reus'' (an action) from which the specific injury or other effect arose and is combined with '' mens rea'' (a state of mind) to comprise the elements of guilt. Causation only applies where a result has been achieved and therefore is immaterial with regard to inchoate offenses. Background concepts Legal systems more or less try to uphold the notions of fairness and justice. If a state is going to penalize a person or require that person pay compensation to another for losses incurred, liability is imposed according to the idea that those who injure others should take responsibility for their actions. Although some parts of any legal system will have qualities of strict liability, in which the '' mens rea'' is immaterial to the result and ...
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Gauge (bore Diameter)
The gauge (or commonly bore in British English) of a firearm is a unit of measurement used to express the inner diameter (bore diameter) of the barrel. Gauge is determined from the weight of a solid sphere of lead that will fit the bore of the firearm and is expressed as the multiplicative inverse of the sphere's weight as a fraction of a pound, e.g., a one-twelfth pound lead ball fits a 12-gauge bore. Thus there are twelve 12-gauge balls per pound, etc. The term is related to the measurement of cannon, which were also measured by the weight of their iron round shot; an 8-pounder would fire an 8 lb (3.6 kg) ball. Gauge is commonly used today in reference to shotguns, though historically it was also used in large double rifles, which were made in sizes up to 2 bore during their heyday in the 1880s, being originally loaded with black powder cartridges. These very large rifles, called "elephant guns", were intended for use primarily in Africa and Asia for hunting lar ...
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1947 In California
It was the first year of the Cold War, which would last until 1991, ending with the dissolution of the Soviet Union. Events January * January–February – Winter of 1946–47 in the United Kingdom: The worst snowfall in the country in the 20th century causes extensive disruption of travel. Given the low ratio of private vehicle ownership at the time, it is mainly remembered in terms of its effects on the railway network. * January 1 - The Canadian Citizenship Act comes into effect. * January 4 – First issue of weekly magazine ''Der Spiegel'' published in Hanover, Germany, edited by Rudolf Augstein. * January 10 – The United Nations adopts a resolution to take control of the free city of Trieste. * January 15 – Elizabeth Short, an aspiring actress nicknamed the "Black Dahlia", is found brutally murdered in a vacant lot in Los Angeles; the mysterious case is never solved. * January 16 – Vincent Auriol is inaugurated as president of France. * January 19 – Ferry ...
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1948 In United States Case Law
Events January * January 1 ** The General Agreement on Tariffs and Trade (GATT) is inaugurated. ** The Constitution of New Jersey (later subject to amendment) goes into effect. ** The railways of Britain are nationalized, to form British Railways. * January 4 – Burma gains its independence from the United Kingdom, becoming an independent republic, named the ''Union of Burma'', with Sao Shwe Thaik as its first President, and U Nu its first Prime Minister. * January 5 ** Warner Brothers shows the first color newsreel (''Tournament of Roses Parade'' and the '' Rose Bowl Game''). ** The first Kinsey Report, ''Sexual Behavior in the Human Male'', is published in the United States. * January 7 – Mantell UFO incident: Kentucky Air National Guard pilot Thomas Mantell crashes while in pursuit of an unidentified flying object. * January 12 – Mahatma Gandhi begins his fast-unto-death in Delhi, to stop communal violence during the Partition of India. * January 1 ...
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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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California State Case Law
California is a state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the most populated subnational entity in North America and the 34th most populous in the world. The Greater Los Angeles area and the San Francisco Bay Area are the nation's second and fifth most populous urban regions respectively, with the former having more than 18.7million residents and the latter having over 9.6million. Sacramento is the state's capital, while Los Angeles is the most populous city in the state and the second most populous city in the country. San Francisco is the second most densely populated major city in the country. Los Angeles County is the country's most populous, while San Bernardino County is the largest county by area in the country. California borders Oregon to the north, Nevada and Arizona to the east, the Mex ...
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University Of Michigan Press
The University of Michigan Press is part of Michigan Publishing at the University of Michigan Library. It publishes 170 new titles each year in the humanities and social sciences. Titles from the press have earned numerous awards, including Lambda Literary Awards, the PEN/Faulkner Award, the Joe A. Callaway Award, and the Nautilus Book Award. The press has published works by authors who have been awarded the Pulitzer Prize, the National Humanities Medal and the Nobel Prize in Economics. History From 1858 to 1930, the University of Michigan had no organized entity for its scholarly publications, which were generally conference proceedings or department-specific research. The University Press was established in 1930 under the university's Graduate School, and in 1935, Frank E. Robbins, assistant to university president Alexander G. Ruthven, was appointed as the managing editor of the University Press. He would hold this position until 1954, when Fred D. Wieck was appointed as ...
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Missouri V
Missouri is a state in the Midwestern region of the United States. Ranking 21st in land area, it is bordered by eight states (tied for the most with Tennessee): Iowa to the north, Illinois, Kentucky and Tennessee to the east, Arkansas to the south and Oklahoma, Kansas and Nebraska to the west. In the south are the Ozarks, a forested highland, providing timber, minerals, and recreation. The Missouri River, after which the state is named, flows through the center into the Mississippi River, which makes up the eastern border. With more than six million residents, it is the 19th-most populous state of the country. The largest urban areas are St. Louis, Kansas City, Missouri, Kansas City, Springfield, Missouri, Springfield and Columbia, Missouri, Columbia; the Capital city, capital is Jefferson City, Missouri, Jefferson City. Humans have inhabited what is now Missouri for at least 12,000 years. The Mississippian culture, which emerged at least in the ninth century, built cities ...
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Negligent
Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as a form of ''carelessness'' possibly with extenuating circumstances. The core concept of negligence is that people should exercise reasonable care in their actions, by taking account of the potential harm that they might foreseeably cause to other people or property. Someone who suffers loss caused by another's negligence may be able to sue for damages to compensate for their harm. Such loss may include physical injury, harm to property, psychiatric illness, or economic loss. The law on negligence may be assessed in general terms according to a five-part model which includes the assessment of duty, breach, actual cause, proximate cause, and damages. Elements of negligence claims Some things must be established by anyone who wants to sue in ...
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Human Eye
The human eye is a sensory organ, part of the sensory nervous system, that reacts to visible light and allows humans to use visual information for various purposes including seeing things, keeping balance, and maintaining circadian rhythm. The eye can be considered as a living optical device. It is approximately spherical in shape, with its outer layers, such as the outermost, white part of the eye (the sclera) and one of its inner layers (the pigmented choroid) keeping the eye essentially light tight except on the eye's optic axis. In order, along the optic axis, the optical components consist of a first lens (the cornea—the clear part of the eye) that accomplishes most of the focussing of light from the outside world; then an aperture (the pupil) in a diaphragm (the iris—the coloured part of the eye) that controls the amount of light entering the interior of the eye; then another lens (the crystalline lens) that accomplishes the remaining focussing of light into ...
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Triangle
A triangle is a polygon with three Edge (geometry), edges and three Vertex (geometry), vertices. It is one of the basic shapes in geometry. A triangle with vertices ''A'', ''B'', and ''C'' is denoted \triangle ABC. In Euclidean geometry, any three points, when non-Collinearity, collinear, determine a unique triangle and simultaneously, a unique Plane (mathematics), plane (i.e. a two-dimensional Euclidean space). In other words, there is only one plane that contains that triangle, and every triangle is contained in some plane. If the entire geometry is only the Euclidean plane, there is only one plane and all triangles are contained in it; however, in higher-dimensional Euclidean spaces, this is no longer true. This article is about triangles in Euclidean geometry, and in particular, the Euclidean plane, except where otherwise noted. Types of triangle The terminology for categorizing triangles is more than two thousand years old, having been defined on the very first page of ...
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Hill
A hill is a landform that extends above the surrounding terrain. It often has a distinct Summit (topography), summit. Terminology The distinction between a hill and a mountain is unclear and largely subjective, but a hill is universally considered to be not as tall, or as Grade (slope), steep as a mountain. Geographers historically regarded mountains as hills greater than above sea level, which formed the basis of the plot of the 1995 film ''The Englishman who Went up a Hill but Came down a Mountain''. In contrast, hillwalkers have tended to regard mountains as peaks above sea level. The ''Oxford English Dictionary'' also suggests a limit of and Whittow states "Some authorities regard eminences above as mountains, those below being referred to as hills." Today, a mountain is usually defined in the UK and Ireland as any summit at least high, while the official UK government's definition of a mountain is a summit of or higher. Some definitions include a topographical pro ...
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