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Xu Shoulan V. Peng Yu
Xu Shoulan v. Peng Yu, also referred to as the Peng Yu case or the Nanjing Peng Yu Incident, was a civil lawsuit in the People's Republic of China, brought before the Nanjing District Court in 2007. In 2006, Peng Yu had encountered Xu Shoulan after she had fallen, breaking her femur. Peng assisted Xu and brought her to a local hospital for further care. Xu accused Peng of having caused her fall, and demanded that he pay her medical expenses. The court decided in favor of the plaintiff and held Peng liable for damages, reasoning that despite the lack of concrete evidence, "no one would in good conscience help someone unless they felt guilty". The verdict received widespread media coverage, and engendered a public outcry against the decision. It is regarded as a landmark case because of its implication that the Chinese public is vulnerable to civil liability for lending help in emergency situations due to the lack of any Good Samaritan laws. Available at Gale Academic Onefile. ...
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Lawsuit
- A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes. A lawsuit may involve dispute resolution of private law issues between individuals, business entities or non-profit organizations. A lawsuit may also enable the state to be treated as if it were a private party ...
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Nanjing
Nanjing (; , Mandarin pronunciation: ), alternately romanized as Nanking, is the capital of Jiangsu province of the People's Republic of China. It is a sub-provincial city, a megacity, and the second largest city in the East China region. The city has 11 districts, an administrative area of , and a total recorded population of 9,314,685 . Situated in the Yangtze River Delta region, Nanjing has a prominent place in Chinese history and culture, having served as the capital of various Chinese dynasties, kingdoms and republican governments dating from the 3rd century to 1949, and has thus long been a major center of culture, education, research, politics, economy, transport networks and tourism, being the home to one of the world's largest inland ports. The city is also one of the fifteen sub-provincial cities in the People's Republic of China's administrative structure, enjoying jurisdictional and economic autonomy only slightly less than that of a province. Nanjing has be ...
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Society Of China
Chinese culture () is one of the world's oldest cultures, originating thousands of years ago. The culture prevails across a large geographical region in East Asia and is extremely diverse and varying, with customs and traditions varying greatly between Province (China), provinces, Cities of China, cities, and even towns as well. The terms 'China' and the geographical landmass of 'China' have shifted across the centuries, with the last name being the Qing dynasty, Great Qing before the name 'China' became commonplace in modernity. Chinese civilization is historically considered a dominant culture of East Asia. With China being one of the Cradle of civilization#Ancient China, earliest ancient civilizations, Chinese culture exerts profound influence on the philosophy, virtue, etiquette, and traditions of Asia. Chinese characters, Chinese ceramics, ceramics, Chinese architecture, architecture, Chinese music, music, History of Chinese dance, dance, Chinese literature, literature, ...
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2007 In Case Law
7 (seven) is the natural number following 6 and preceding 8. It is the only prime number preceding a cube. As an early prime number in the series of positive integers, the number seven has greatly symbolic associations in religion, mythology, superstition and philosophy. The seven Classical planets resulted in seven being the number of days in a week. It is often considered lucky in Western culture and is often seen as highly symbolic. Unlike Western culture, in Vietnamese culture, the number seven is sometimes considered unlucky. It is the first natural number whose pronunciation contains more than one syllable. Evolution of the Arabic digit In the beginning, Indians wrote 7 more or less in one stroke as a curve that looks like an uppercase vertically inverted. The western Ghubar Arabs' main contribution was to make the longer line diagonal rather than straight, though they showed some tendencies to making the digit more rectilinear. The eastern Arabs developed the digit f ...
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2006 In China
Events in the year 2006 in China. Incumbents * Party General Secretary – Hu Jintao * President – Hu Jintao * Premier – Wen Jiabao * Vice President – Zeng Qinghong * Vice Premier – Huang Ju * Congress Chairman – Wu Bangguo * Conference Chairman – Jia Qinglin Governors * Governor of Anhui Province – Wang Jinshan * Governor of Fujian Province – Huang Xiaojing * Governor of Gansu Province – Lu Hao (until this year) * Governor of Guangdong Province – Huang Huahua * Governor of Guizhou Province – Shi Xiushi then Lin Shusen * Governor of Hainan Province – Wei Liucheng * Governor of Hebei Province – Ji Yunshi then Guo Gengmao * Governor of Heilongjiang Province – Zhang Zuoji * Governor of Henan Province – Li Chengyu * Governor of Hubei Province – Luo Qingquan * Governor of Hunan Province – Zhou Bohua then Zhou Qiang * Governor of Jiangsu Province – Liang Baohua * Go ...
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Death Of Wang Yue
Wang Yue (), also known as "Little Yue Yue" (), was a two-year-old Chinese girl who was run over by two vehicles on the afternoon of 13 October 2011, in a narrow road in Foshan, Guangdong. As she lay bleeding and unconscious on the road for more than seven minutes, at least 18 passers-by skirted around her body, ignoring her. She was eventually helped by a female rubbish scavenger and sent to a hospital for treatment, but succumbed to her injuries and died eight days later. The closed-circuit television recording of the incident was uploaded onto the Internet, and quickly stirred widespread reaction in China and overseas. Many commentators believed this to be indicative of the moral decline in contemporary Chinese society. However, other commentators credited the high-profile Peng Yu incident in 2006, in which someone who helped an injured accident victim was accused of having injured the victim himself and was forced to pay for the victim's medical bill, as having caused peop ...
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Bystander Effect
The bystander effect, or bystander apathy, is a social psychological theory that states that individuals are less likely to offer help to a victim when there are other people present. First proposed in 1964, much research, mostly in the lab, has focused on increasingly varied factors, such as the number of bystanders, ambiguity, group cohesiveness, and diffusion of responsibility that reinforces mutual denial. If a single individual is asked to complete the task alone, the sense of responsibility will be strong, and there will be a positive response; however, if a group is required to complete the task together, each individual in the group will have a weak sense of responsibility, and will often shrink back in the face of difficulties or responsibilities. The theory was prompted by the murder of Kitty Genovese about which it was wrongly reported that 38 bystanders watched passively. Recent research has focused on "real world" events captured on security cameras, and the coherency a ...
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Appeal
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century. History Appellate courts and other systems of error correction have existed for many millennia. During the first dynasty of Babylon, Hammurabi and his governors served as the highest appellate courts of the land. Ancient Roman law recognized the right to appeal in the Valerian and Porcian laws since 509 BC. Later it employed a complex hierarchy of appellate courts, where some appeals would be heard by the emperor. Additionally, appellate courts have existed in Japan since at least the Kamakura Shogunate (1185–1333 CE). During this time, ...
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Settlement (litigation)
In law, a settlement is a resolution between disputing parties about a legal case, reached either before or after court action begins. A collective settlement is a settlement of multiple similar legal cases. The term also has other meanings in the context of law. Structured settlements provide for future periodic payments, instead of a one time cash payment. Basis A settlement, as well as dealing with the dispute between the parties is a contract between those parties, and is one possible (and common) result when parties sue (or contemplate so doing) each other in civil proceedings. The plaintiffs and defendants identified in the lawsuit can end the dispute between themselves without a trial. The contract is based upon the bargain that a party forgoes its ability to sue (if it has not sued already), or to continue with the claim (if the plaintiff has sued), in return for the certainty written into the settlement. The courts will enforce the settlement. If it is breached, the par ...
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Hearing (law)
In law, a hearing is a proceeding before a court or other decision-making body or officer, such as a government agency or a legislative committee. Description A hearing is generally distinguished from a trial in that it is usually shorter and often less formal. In the course of litigation, hearings are conducted as oral arguments in support of motions, whether to resolve the case without further trial on a motion to dismiss or for summary judgment, or to decide discrete issues of law, such as the admissibility of evidence, that will determine how the trial proceeds. Limited evidence and testimony may also be presented in hearings to supplement the legal arguments. Types Terminology varies from country to country, and there are different types of hearings under different legal systems. A preliminary hearing (also known as evidentiary hearing, probable cause hearing, and other variant terms) is a proceeding, after a criminal complaint has been filed by the prosecutor, to deter ...
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Gulou District Court
A Gulou () is a drum tower traditionally located in the center of Chinese cities. It may also refer to: Individual drum towers * Beijing Gulou and Zhonglou, the drum tower and bell tower of Beijing * Drum Tower of Xi'an * Drum Tower of Nanjing * Bianjing Drum Tower Administrative divisions in China Districts * Gulou District, Fuzhou, Fujian * Gulou District, Kaifeng, Henan * Gulou District, Nanjing, Jiangsu * Gulou District, Xuzhou, Jiangsu Subdistricts * Gulou Subdistrict, Beijing * Gulou Subdistrict, Ezhou, in Echeng District, Ezhou, Hubei * Gulou Subdistrict, Macheng, in Macheng, Huanggang, Hubei Townships * Gulou, Anhua, Hunan Province * Gulou, Dongkou (), Dongkou County, Hunan See also * Gulou station (other) * Drum Tower (other) {{geodis ...
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China
China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and borders fourteen countries by land, the most of any country in the world, tied with Russia. Covering an area of approximately , it is the world's third largest country by total land area. The country consists of 22 provinces, five autonomous regions, four municipalities, and two Special Administrative Regions (Hong Kong and Macau). The national capital is Beijing, and the most populous city and financial center is Shanghai. Modern Chinese trace their origins to a cradle of civilization in the fertile basin of the Yellow River in the North China Plain. The semi-legendary Xia dynasty in the 21st century BCE and the well-attested Shang and Zhou dynasties developed a bureaucratic political system to serve hereditary monarchies, or dyna ...
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