Warren V. District Of Columbia
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Warren V. District Of Columbia
''Warren v. District of Columbia'' (444 A.2d. 1, D.C. Ct. of Ap. 1981) is a District of Columbia Court of Appeals case that held that the police do not owe a specific duty to provide police services to specific citizens based on the public duty doctrine. Procedural history In separate cases, Carolyn Warren, Miriam Douglas, Joan Taliaferro, and Wilfred Nichol sued the District of Columbia and individual members of the Metropolitan Police Department for negligent failure to provide adequate police services. The trial judges held that the police were under no specific legal duty to provide protection to the individual plaintiffs and dismissed the complaints. In a 2–1 decision, the District of Columbia Court of Appeals determined that Warren, Taliaferro, and Nichol were owed a special duty of care by the police department and reversed the trial court rulings. In a unanimous decision, the court also held that Douglas failed to fit within the class of persons to whom a special duty was ...
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District Of Columbia Court Of Appeals
The District of Columbia Court of Appeals is the highest court of the District of Columbia, in the United States. Established in 1970, it is equivalent to a state supreme court, except that its authority is derived from the United States Congress rather than from the inherent sovereignty of the states. The court is located in the former District of Columbia City Hall building at Judiciary Square. The D.C. Court of Appeals should not be confused with the District's federal appellate court, the United States Court of Appeals for the District of Columbia Circuit. The D.C. Court of Appeals and the Superior Court of the District of Columbia comprise the District's local court system. History For much of the history of the District of Columbia, appeals in local matters were adjudicated by federal courts: first the Circuit Court of the District of Columbia (1801–1863), then the Supreme Court of the District of Columbia (1863–1893) (later renamed the U.S. District Court for the D ...
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Duty To Rescue
A duty to rescue is a concept in tort law that arises in a number of cases, describing a circumstance in which a party can be held liable for failing to come to the rescue of another party who could face potential injury or death without being rescued. In common law systems, it is rarely formalized in statutes which would bring the penalty of law down upon those who fail to rescue. This does not necessarily obviate a moral duty to rescue: though law is binding and carries government-authorized sanctions and awarded civil penalties, there are also separate ethical arguments for a duty to rescue even where law does not punish failure to rescue. Common law system In the common law of most English-speaking countries, there is no general duty to come to the rescue of another. Generally, a person cannot be held liable for doing nothing while another person is in peril. However, such a duty may arise in two situations: * A duty to rescue arises where a person creates a hazardous situa ...
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En Banc
In law, an en banc session (; French for "in bench"; also known as ''in banc'', ''in banco'' or ''in bank'') is a session in which a case is heard before all the judges of a court (before the entire bench) rather than by one judge or a smaller panel of judges. ''En banc'' review is used for unusually complex or important cases or when the court feels there is a particularly significant issue at stake. United States Federal appeals courts in the United States sometimes grant rehearing to reconsider the decision of a panel of the court (consisting of only three judges) in which the case concerns a matter of exceptional public importance or the panel's decision appears to conflict with a prior decision of the court. In rarer instances, an appellate court will order hearing ''en banc'' as an initial matter instead of the panel hearing it first. Cases in United States courts of appeals are heard by three-judge panels, randomly chosen from the sitting appeals court judges of tha ...
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Oral Sex
Oral sex, sometimes referred to as oral intercourse, is sexual activity involving the stimulation of the genitalia of a person by another person using the mouth (including the lips, tongue, or teeth) and the throat. Cunnilingus is oral sex performed on the vulva or vagina, while fellatio is oral sex performed on the penis. Anilingus, another form of oral sex, is oral stimulation of the anus. Oral sex may be performed as foreplay to incite sexual arousal before other sexual activities (such as vaginal or anal intercourse), or as an erotic and physically intimate act in its own right. Like most forms of sexual activity, oral sex can pose a risk for contracting sexually transmitted infections (STIs/STDs). However, the transmission risk for oral sex, especially HIV transmission, is significantly lower than for vaginal or anal sex. Oral sex is often regarded as taboo, but most countries do not have laws which ban the practice. Commonly, people do not regard oral sex as affectin ...
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9-1-1
, usually written 911, is an emergency telephone number for the United States, Canada, Mexico, Panama, Palau, Argentina, Philippines, Jordan, as well as the North American Numbering Plan (NANP), one of eight N11 codes. Like other emergency numbers around the world, this number is intended for use in emergency circumstances only. Using it for any other purpose (such as making false or prank calls) is a crime in most jurisdictions. In over 98% of locations in Argentina, Panama, Belize, Anguilla, Costa Rica, Ecuador, Jordan, Ethiopia, Liberia, Saudi Arabia, Philippines, Uruguay, United States, Palau, Mexico, Tonga and Canada, dialing "9-1-1" from any telephone will link the caller to an emergency dispatch office—called a Public Safety Answering Point (PSAP) by the telecommunications industry—which can send emergency responders to the caller's location in an emergency. In approximately 96 percent of the United States, the enhanced 9-1-1 system automatically pairs caller ...
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Public Duty Doctrine
A duty to rescue is a concept in tort law that arises in a number of cases, describing a circumstance in which a party can be held liable for failing to come to the rescue of another party who could face potential injury or death without being rescued. In common law systems, it is rarely formalized in statutes which would bring the penalty of law down upon those who fail to rescue. This does not necessarily obviate a moral duty to rescue: though law is binding and carries government-authorized sanctions and awarded civil penalties, there are also separate ethical arguments for a duty to rescue even where law does not punish failure to rescue. Common law system In the common law of most English-speaking countries, there is no general duty to come to the rescue of another. Generally, a person cannot be held liable for doing nothing while another person is in peril. However, such a duty may arise in two situations: * A duty to rescue arises where a person creates a hazardous situat ...
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Maksim Gelman Stabbing Spree
The Maksim Gelman stabbing spree was a 28-hour killing spree lasting from February 11 to 12, 2011, in New York City, New York, United States, which involved the killing of four people and the wounding of five others. Maksim Gelman was arrested and pleaded guilty to the crimes. Timeline of attacks Just after 5:00 a.m. on February 11, 2011, Gelman stabbed and killed his stepfather, Aleksandr Kuznetsov, in Sheepshead Bay, Brooklyn after an argument with his mother about driving Kuznetsov's vehicle, a gray 2004 Lexus ES330. According to Gelman, he believed DEA agents were after him and planned to flee to the Dominican Republic. He claimed he woke his mother to find out where his passport was, and this developed into an argument as his mother believed he was drunk. Their argument awoke Kuznetsov, who came into the kitchen swearing at Gelman in Russian. Gelman grabbed a knife and stabbed Kuznetsov repeatedly. When the knife broke, Gelman continued the attack with a carving fork, u ...
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Town Of Castle Rock V
A town is a human settlement. Towns are generally larger than villages and smaller than cities, though the criteria to distinguish between them vary considerably in different parts of the world. Origin and use The word "town" shares an origin with the German word , the Dutch word , and the Old Norse . The original Proto-Germanic word, *''tūnan'', is thought to be an early borrowing from Proto-Celtic *''dūnom'' (cf. Old Irish , Welsh ). The original sense of the word in both Germanic and Celtic was that of a fortress or an enclosure. Cognates of ''town'' in many modern Germanic languages designate a fence or a hedge. In English and Dutch, the meaning of the word took on the sense of the space which these fences enclosed, and through which a track must run. In England, a town was a small community that could not afford or was not allowed to build walls or other larger fortifications, and built a palisade or stockade instead. In the Netherlands, this space was a garden, mo ...
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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. Deve ...
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United States Tort Law
This article addresses torts in United States law. As such, it covers primarily common law. Moreover, it provides general rules, as individual states all have separate civil codes. There are three general categories of torts: intentional torts, negligence, and strict liability torts. Intentional torts Intentional torts involve situations in which the defendant desires or knows to a substantial certainty that his act will cause the plaintiff damage. They include battery, assault, false imprisonment, intentional infliction of emotional distress ("IIED"), trespass to land, trespass to chattels, conversion, invasion of privacy, malicious prosecution, abuse of process, fraud, inducing breach of contract, intentional interference with business relations, and defamation of character (libel/slander). Elements The elements of most intentional torts follow the same pattern: intent, act, result, and causation. Intent This element typically requires the defendant to desire or know to a substa ...
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Refusing To Assist A Police Officer
Refusing to assist a police officer, peace officer or other law enforcement officer is an offence in various jurisdictions around the world. Some jurisdictions use the terminology '"refusing to aid a police officer" or "failure to aid a police officer". This principle originates from Norman England, where local Sheriffs in England would be the only peace officer in an area. He would summon assistance from locals in order to enforce the King's laws or to apprehend an offender. It subsequently became part of the common law that all persons must assist a constable or peace officer when so requested. This still remains as one of the few common law offences which exist in England/Wales and some other states/countries. Canada Canada Criminal Code (R.S.C., 1985, c. C-46) See 129(b) for circumstances where it is a crime not to act in the assistance of the police. 129 Everyone who (a) resists or wilfully obstructs a public officer or peace officer in the execution of his duty or any p ...
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