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Fireman's Rule
The fireman's rule (firefighter's rule) is a common law or statute, statutory restriction on tort actions by public safety officials. In general, the fireman's rule bars lawsuits by firefighters, police officers and, in some jurisdictions, all government safety professionals from collecting on damages that occur in the course of their duties even in cases of clear negligence by other parties. Rationale At the most basic, the fireman's rule is based on the principle that public safety officers willingly assume the risks inherent in their duties. Since the very purpose of public safety officers is to confront danger, the public is not liable for injuries incurred while carrying out that function. While the rule is named after the risks and actions by firemen, the relationship between danger and duties is similar in all public safety officers, and other professional rescuers. Criticism The fireman's rule has been heavily criticized for preventing police officers from suing criminals wh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tort
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictions derive their tort law from cus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Firefighters
A firefighter is a first responder and rescuer extensively trained in firefighting, primarily to extinguish hazardous fires that threaten life, property, and the environment as well as to rescue people and in some cases or jurisdictions also animals from dangerous situations. Male firefighters are sometimes referred to as firemen (and, less commonly, a female firefighter as firewoman). The fire service, also known in some countries as the fire brigade or fire department, is one of the three main emergency services. From urban areas to aboard ships, firefighters have become ubiquitous around the world. The skills required for safe operations are regularly practised during training evaluations throughout a firefighter's career. Initial firefighting skills are normally taught through local, regional or state-approved fire academies or training courses. Depending on the requirements of a department, additional skills and certifications such as technical rescue and pre-hospital ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Police Officers
A police officer (also called a policeman and, less commonly, a policewoman) is a warranted law employee of a police force. In most countries, "police officer" is a generic term not specifying a particular rank. In some, the use of the rank "officer" is legally reserved for military personnel. Police officers are generally charged with the apprehension of suspects and the prevention, detection, and reporting of crime, protection and assistance of the general public, and the maintenance of public order. Police officers may be sworn to an oath, and have the power to arrest people and detain them for a limited time, along with other duties and powers. Some officers are trained in special duties, such as counter-terrorism, surveillance, child protection, VIP protection, civil law enforcement, and investigation techniques into major crime including fraud, rape, murder, and drug trafficking. Although many police officers wear a corresponding uniform, some police officers are ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Negligence
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] |
Police Officer
A police officer (also called a policeman and, less commonly, a policewoman) is a warranted law employee of a police force. In most countries, "police officer" is a generic term not specifying a particular rank. In some, the use of the rank "officer" is legally reserved for military personnel. Police officers are generally charged with the apprehension of suspects and the prevention, detection, and reporting of crime, protection and assistance of the general public, and the maintenance of public order. Police officers may be sworn to an oath, and have the power to arrest people and detain them for a limited time, along with other duties and powers. Some officers are trained in special duties, such as counter-terrorism, surveillance, child protection, VIP protection, civil law enforcement, and investigation techniques into major crime including fraud, rape, murder, and drug trafficking. Although many police officers wear a corresponding uniform, some police officers a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Car Chase
A car chase or vehicle pursuit is the vehicular overland chase of one party by another, involving at least one automobile or other wheeled motor vehicle in pursuit, commonly hot pursuit of suspects by law enforcement. The rise of the automotive industry in the 20th century increased car ownership, leading to a growing number of criminals attempting to evade police in their own vehicle or a stolen car. Car chases may, instead (or also) involve other parties (including criminals) in pursuit of a criminal suspect or intended victim, or simply in an attempt to make contact with a moving person for non-conflict reasons. Car chases are often captured on news broadcast due to the video footage recorded by police cars, police aircraft, and news aircraft participating in the chase. Car chases are also a popular subject with media and audiences due to their intensity, drama and the innate danger of high-speed driving, and thus are common content in fiction, particularly action films a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
California State Legislature
The California State Legislature is a bicameral state legislature consisting of a lower house, the California State Assembly, with 80 members; and an upper house, the California State Senate, with 40 members. Both houses of the Legislature convene at the California State Capitol in Sacramento. The California state legislature is one of just ten full-time state legislatures in the United States. The houses are distinguished by the colors of the carpet and trim of each house. The Senate is distinguished by red and the Assembly by the color green, inspired by the House of Lords and House of Commons respectively. The Democratic Party currently holds veto-proof supermajorities in both houses of the California State Legislature. The Assembly consists of 60 Democrats and 19 Republicans, with one independent, while the Senate is composed of 31 Democrats and 9 Republicans. Except for a brief period from 1995 to 1996, the Assembly has been in Democratic hands since the 1970 el ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
California Civil Code
The Civil Code of California is a collection of statutes for the State of California. The code is made up of statutes which govern the general obligations and rights of persons within the jurisdiction of California. It was based on a civil code originally prepared by David Dudley Field II for the state of New York (but which was never enacted in that state). It is one of the 29 California Codes and was among the first four enacted in 1872. Organization Though the Code is organized in a manner similar to many civil law civil codes, many of its provisions are codifications of well-established common law principles. For example, it contains a definition of consideration, a principle in the common law of contracts which has no direct equivalent in civil law systems. Similarly, it codifies the mailbox rule that communication of acceptance is effective when dropped in the mail, which is a feature unique to the common law. First adopted in 1872 and signed into law by then Governor Newton ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Baseball Rule
In American tort law, the Baseball RuleNathaniel Grow and Zachary Flagel,The Faulty Law and Economics of the 'Baseball Rule', 60 Wm. & Mary L. Rev. 59, 63–64 (2018). holds that a baseball team or, at amateur levels, its sponsoring organization, cannot be held liable for injuries suffered by a spectator struck by a foul ball batted into the stands, under most circumstances, as long as the team has offered some protected seating in the areas where foul balls are most likely to cause injuries. This is considered within the standard of reasonable care that teams owe to spectators, although in recent decades it has more often been characterized as a limited- or no-duty rule, and applied to ice hockey and golf as well. It is largely a matter of case law in state courts, although four states have codified it. The rule arose from a pair of 1910s decisions by the Missouri Court of Appeals, both considering suits filed by spectators at home games of the minor league Kansas City Blues. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rescue Doctrine
In the USA, the rescue doctrine of the law of torts holds that if a tortfeasor creates a circumstance that places the tort victim in danger, the tortfeasor is liable not only for the harm caused to the victim, but also the harm caused to any person injured in an effort to rescue that victim. This doctrine was originally promulgated by Benjamin N. Cardozo in the 1921 case, ''Wagner v. Int'l Ry. Co.'' There, writing for the Court of Appeals of New York (which is the supreme court of that state), Cardozo stated: "Danger invites rescue. The cry of distress is the summons to relief ..The emergency begets the man. The wrongdoer may not have foreseen the coming of a deliverer. He is accountable as if he had." The rescue doctrine was established nineteen years later, in the landmark case of ''Cote v. Palmer''.''Cote v. Palmer'', 127 Conn. 321 (1940). Essentially, the rescue doctrine means that the rescuer can recover damages from a defendant when the rescuer is injured rescuing someone ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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