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Thing V. La Chusa
''Thing v. La Chusa'', case citation, 48 Cal. 3d 644 (1989), was a legal case, case decided by the Supreme Court of California that limited the scope of the tort of negligent infliction of emotional distress. The majority opinion was authored by Associate Justice David Eagleson, and it is regarded as his single most famous opinion and representative of his conservative judicial philosophy. Factual background John Thing, a minor and son of plaintiff Maria Thing, was injured when he was struck by a car driven by James La Chusa. The plaintiff was close by, but did not see or hear the accident. The plaintiff's daughter informed her of the accident, and when the plaintiff arrived on the scene she saw her bloody and unconscious son and suffered emotional distress as a result. The trial court granted the defendant's motion for summary judgment and the plaintiff appealed. Opinion of the Court Majority opinion In an effort to limit a potential runaway tort and to avoid the burdensome cas ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Malcolm M
Malcolm, Malcom, Máel Coluim, or Maol Choluim may refer to: People * Malcolm (given name), includes a list of people and fictional characters * Clan Malcolm * Maol Choluim de Innerpeffray, 14th-century bishop-elect of Dunkeld Nobility * Máel Coluim, Earl of Atholl, Mormaer of Atholl between 1153/9 and the 1190s * Máel Coluim, King of Strathclyde, 10th century * Máel Coluim of Moray, Mormaer of Moray 1020–1029 * Máel Coluim (son of the king of the Cumbrians), possible King of Strathclyde or King of Alba around 1054 * Malcolm I of Scotland (died 954), King of Scots * Malcolm II of Scotland, King of Scots from 1005 until his death * Malcolm III of Scotland, King of Scots * Malcolm IV of Scotland, King of Scots * Máel Coluim, Earl of Angus, the fifth attested post 10th-century Mormaer of Angus * Máel Coluim I, Earl of Fife, one of the more obscure Mormaers of Fife * Maol Choluim I, Earl of Lennox, Mormaer * Máel Coluim II, Earl of Fife, Mormaer * Maol Choluim II, Earl o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Summary Judgment
In law, a summary judgment (also judgment as a matter of law or summary disposition) is a judgment entered by a court for one party and against another party summarily, i.e., without a full trial. Summary judgments may be issued on the merits of an entire case, or on discrete issues in that case. The formulation of the summary judgment standard is stated in somewhat different ways by courts in different jurisdictions. In the United States, the presiding judge generally must find there is "no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." In England and Wales, the court rules for a party without a full trial when "the claim, defence or issue has no real prospect of success and there is no other compelling reason why the case or issue should be disposed of at a trial." In common-law systems, questions about what the law actually is in a particular case are decided by judges; in rare cases jury nullification of the law may act t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of California Case Law
Supreme may refer to: Entertainment * Supreme (character), a comic book superhero * ''Supreme'' (film), a 2016 Telugu film * Supreme (producer), hip-hop record producer * "Supreme" (song), a 2000 song by Robbie Williams * The Supremes, Motown-era singer group * Supreme Pictures Corporation, 1930s film company Other * Supreme (brand), a clothing brand based in New York * Supreme (cookery), a term used in cookery * Supreme, Louisiana, a census-designated place in the United States * Supreme Soviet, the highest legislation body of Soviet Union, dissolved in 1991 * Oldsmobile Cutlass Supreme The Oldsmobile Cutlass Supreme is a mid-size car produced by Oldsmobile between 1966 and 1997. It was positioned as a premium offering at the top of the Cutlass range. It began as a trim package, developed its own roofline, and rose during the mi ..., car produced by Oldsmobile between 1966 and 1997 * Plaxton Supreme, British coach bodywork built in the late 1970s and early 1980s See ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1989 In United States Case Law
File:1989 Events Collage.png, From left, clockwise: The Cypress Street Viaduct, Cypress structure collapses as a result of the 1989 Loma Prieta earthquake, killing motorists below; The proposal document for the World Wide Web is submitted; The Exxon Valdez oil tanker runs aground in Prince William Sound, Alaska, causing a large Exxon Valdez oil spill, oil spill; The Fall of the Berlin Wall begins the downfall of Communism in Eastern Europe, and heralds German reunification; The United States United States invasion of Panama, invades Panama to depose Manuel Noriega; The Singing Revolution led to the independence of the Baltic states of Estonia, Latvia, and Lithuania from the Soviet Union; The stands of Hillsborough Stadium in Sheffield, Yorkshire, where the Hillsborough disaster occurred; 1989 Tiananmen Square protests and massacre, Students demonstrate in Tiananmen Square, Beijing; many are killed by forces of the Chinese Communist Party., 300x300px, thumb rect 0 0 200 200 1989 Loma ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Negligence Case Law
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duty Of Care
In tort law, a duty of care is a legal obligation that is imposed on an individual, requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant must be able to show a duty of care imposed by law that the defendant has breached. In turn, breaching a duty may subject an individual to liability. The duty of care may be imposed ''by operation of law'' between individuals who have no ''current'' direct relationship (familial or contractual or otherwise) but eventually become related in some manner, as defined by common law (meaning case law). Duty of care may be considered a formalisation of the social contract, the implicit responsibilities held by individuals towards others within society. It is not a requirement that a duty of care be defined by law, though it will often develop through the jurisprudence of common law. Dev ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Foreseeability
In law and insurance, a proximate cause is an event sufficiently related to an injury that the courts deem the event to be the cause of that injury. There are two types of causation in the law: cause-in-fact, and proximate (or legal) cause. Cause-in-fact is determined by the "but for" test: But for the action, the result would not have happened.. (For example, but for running the red light, the collision would not have occurred.) The action is a necessary condition, but may not be a sufficient condition, for the resulting injury. A few circumstances exist where the but for test is ineffective (see But-for test). Since but-for causation is very easy to show (but for stopping to tie your shoe, you would not have missed the train and would not have been mugged), a second test is used to determine if an action is close enough to a harm in a "chain of events" to be legally valid. This test is called proximate cause. Proximate cause is a key principle of Insurance and is concerned w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Krouse V '', Canadian copyright case law
{{surname, Krouse ...
Krouse is a surname. Notable people with the surname include: *Bob Krouse (born 1943), Canadian football player *Ray Krouse (1927–1966), American football player * P.J. Krouse (1877–1944), American architect * Rodger Krouse (born 1961), American businessman See also *''Krouse v. Graham'', United States tort case law *''Krouse v. Chrysler Canada Ltd. ''Krouse v. Chrysler Canada Ltd.'' is generally thought to be the first case to clearly acknowledge the existence in Canada of a tort of appropriation of personality. Background Bob Krouse was a well-known professional football player with the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Archibald V
Archibald is a masculine given name, composed of the Germanic elements '' erchan'' (with an original meaning of "genuine" or "precious") and ''bald'' meaning "bold". Medieval forms include Old High German and Anglo-Saxon . Erkanbald, bishop of Strasbourg (d. 991) was also rendered in Old French. There is also a secondary association of its first element with the Greek prefix '' archi-'' meaning "chief, master", to Norman England in the high medieval period. The form ''Archibald'' became particularly popular among Scottish nobility in the later medieval to early modern periods, whence usage as a surname is derived by the 18th century, found especially in Scotland and later Nova Scotia. Given name English diminutives or hypocorisms include '' Arch, Archy, Archie, and Baldie (nickname)''. Variants include French ''Archambault, Archaimbaud, Archenbaud, Archimbaud'', Italian '' Archimboldo, Arcimbaldo, Arcimboldo'', Portuguese '' Arquibaldo, Arquimbaldo'' and Spanish ''Archi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bright-line Rule
A bright-line rule (or bright-line test) is a clearly defined rule or standard, composed of objective factors, which leaves little or no room for varying interpretation. The purpose of a bright-line rule is to produce predictable and consistent results in its application. The term "bright-line" in this sense generally occurs in a legal context. Bright-line rules are usually standards established by courts in legal precedent or by legislatures in statutory provisions. The US Supreme Court often contrasts bright-line rules with their opposite: balancing tests (or "fine line testing"), where a result depends on weighing several factors—which could lead to inconsistent application of law or reduce objectivity. Debate in the US In the United States, there is much scholarly legal debate between those favoring bright-line rules and those favoring balancing tests. While some legal scholars, such as former Supreme Court Justice Antonin Scalia, have expressed a strong preference f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dillon V
Dillon may refer to: People * Dillon (surname) *Dillon (given name) * Dillon (singer) (born 1988), Brazilian singer *Viscount Dillon, a title in the Peerage of Ireland Places Canada * Dillon, Saskatchewan United States * Dillon Beach, California *Dillon, Colorado * Dillon, Illinois * Dillon, Kansas * Dillon, Missouri *Dillon, Montana *Dillon, South Carolina ** Dillon County, South Carolina * Dillon, West Virginia * Dillon Falls, Ohio, also called Dillon *Dillons Run, a river in West Virginia * Dillon State Park, on the Licking River, Licking County, Ohio * Dillon Township (other) Arts and entertainment Fictional characters *Al Dillon, in the 1987 film '' Predator'' * Kevin Dillon (character), in the young adult novel ''Freak the Mighty'' * Matt Dillon (''Gunsmoke''), in the radio and television versions of ''Gunsmoke'' *The Dillon family in the soap opera ''All My Children'': ** Laurel Banning Dillon ** Janet Dillon * Dillon Quartermaine, in the soap opera ''General ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
