|
McLoughlin V O'Brian
''McLoughlin v O'Brian'' 9831 AC 410 is an English tort law case, decided by the House of Lords, dealing with the possibility of recovering for psychiatric harm suffered as a result of an accident in which one's family was involved. Facts On 19 October 1973, a friend came to the plaintiff's house to tell her of a serious accident, involving her husband and three children, two hours after it had occurred. He drove her to the hospital where she was told one child was dead, and saw her husband and two other children seriously injured, covered in oil and mud. She suffered serious nervous shock as a result and sued the defendant who was responsible for the accident. Earlier decisions in English courts had allowed victims to recover damages for psychiatric injury sustained as a result of witnessing the imperilment of a loved one, but only where the claimant was actually present at the scene. This case was unique at the time because the claimant suffered injuries away from the scen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
House Of Lords
The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminster in London, England. The House of Lords scrutinises bills that have been approved by the House of Commons. It regularly reviews and amends bills from the Commons. While it is unable to prevent bills passing into law, except in certain limited circumstances, it can delay bills and force the Commons to reconsider their decisions. In this capacity, the House of Lords acts as a check on the more powerful House of Commons that is independent of the electoral process. While members of the Lords may also take on roles as government ministers, high-ranking officials such as cabinet ministers are usually drawn from the Commons. The House of Lords does not control the term of the prime minister or of the government. Only the lower house may force ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ronald Dworkin
Ronald Myles Dworkin (; December 11, 1931 – February 14, 2013) was an American philosopher, jurist, and scholar of United States constitutional law. At the time of his death, he was Frank Henry Sommer Professor of Law and Philosophy at New York University and Professor of Jurisprudence at University College London. Dworkin had taught previously at Yale Law School and the University of Oxford, where he was the Professor of Jurisprudence, successor to philosopher H.L.A. Hart. An influential contributor to both philosophy of law and political philosophy, Dworkin received the 2007 Holberg International Memorial Prize in the Humanities for "his pioneering scholarly work" of "worldwide impact." According to a survey in '' The Journal of Legal Studies'', Dworkin was the second most-cited American legal scholar of the twentieth century. After his death, the Harvard legal scholar Cass Sunstein said Dworkin was "one of the most important legal philosophers of the last 100 years. He ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Psychiatric Injury Case Law
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
House Of Lords Cases
A house is a single-unit residential building. It may range in complexity from a rudimentary hut to a complex structure of wood, masonry, concrete or other material, outfitted with plumbing, electrical, and heating, ventilation, and air conditioning systems.Schoenauer, Norbert (2000). ''6,000 Years of Housing'' (rev. ed.) (New York: W.W. Norton & Company). Houses use a range of different roofing systems to keep precipitation such as rain from getting into the dwelling space. Houses may have doors or locks to secure the dwelling space and protect its inhabitants and contents from burglars or other trespassers. Most conventional modern houses in Western cultures will contain one or more bedrooms and bathrooms, a kitchen or cooking area, and a living room. A house may have a separate dining room, or the eating area may be integrated into another room. Some large houses in North America have a recreation room. In traditional agriculture-oriented societies, domestic animals ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Tort Case Law
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nervous Shock (English Law)
In English law, a nervous shock is a psychiatric / mental illness or injury inflicted upon a person by intentional or negligent actions or omissions of another. Often it is a psychiatric disorder triggered by witnessing an accident, for example an injury caused to one's parents or spouse. Although the term "nervous shock" has been described as "inaccurate" and "misleading", it continues to be applied as a useful abbreviation for a complex concept. The possibility of recovering damages for nervous shock, particularly caused by negligence, is strongly limited in English law. Definition To amount in law to "nervous shock", the psychiatric damage suffered by the claimant must extend beyond grief or emotional distress to a recognised mental illness, such as anxiety neurosis or reactive depression. Damages for bereavement suffered as a result of the wrongful death of a close one are available under the Fatal Accidents Act 1976, while courts can also award damages for "pain and suf ... [...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 Hospita ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of England And Wales
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lord Chief Justice and the Master of the Rolls and Records of the Chancery of England respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court, High Court of Justice and Family Court. Permission to appeal is normally required from either the lower court or the Court of Appeal itself; and with permission, further appeal may lie to the Supreme Court. Th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law's Empire
''Law's Empire'' is a 1986 text in legal philosophy by Ronald Dworkin, in which the author continues his criticism of the philosophy of legal positivism as promoted by H.L.A. Hart during the middle to late 20th century. The book introduces Dworkin's Judge Hercules as an idealized version of a jurist with extraordinary legal skills who is able to challenge various predominating schools of legal interpretation and legal hermeneutics prominent throughout the 20th century. Judge Hercules is eventually challenged by Judge Hermes, another idealized version of a jurist who is affected by an affinity to respecting historical legal meaning arguments which do not affect Judge Hercules in the same manner. Judge Hermes' theory of legal interpretation is found by Dworkin in the end to be inferior to the approach of Judge Hercules. Background Much of the twentieth century in legal philosophy has been characterized by the confrontation of legal positivism with natural law theory as being among ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdiction to another. In Scots law, the terms "accused" or "panel" are used instead in criminal proceedings and "defender" in civil proceedings. Another term in use is "respondent". Criminal defendants In a criminal trial, a defendant is a person accused ( charged) of committing an offense (a crime; an act defined as punishable under criminal law). The other party to a criminal trial is usually a public prosecutor, but in some jurisdictions, private prosecutions are allowed. Criminal defendants are often taken into custody by police and brought before a court under an arrest warrant. Criminal defendants are usually obliged to post bail before being released from custody. For serious cases, such as murder, bail may be refused. Defendants ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Wilberforce
Richard Orme Wilberforce, Baron Wilberforce, (11 March 1907 – 15 February 2003) was a British judge. He was a Lord of Appeal in Ordinary from 1964 to 1982. Early life and career Born in Jalandhar, India, Richard Wilberforce was the son of Samuel Wilberforce, ICS, later a judge of the Lahore High Court, and of Katherine Wilberforce, the daughter of John Sheepshanks, Bishop of Norwich. His grandfather was Reginald Wilberforce, who helped restore British order in Delhi, after the Indian Rebellion of 1857. His great-grandfather was Samuel Wilberforce, Bishop of Winchester, and his great-great-grandfather was the abolitionist William Wilberforce, a connection which had much influence upon him. Wilberforce spent the first seven years of his life in India, before being sent to England in 1914 on the outbreak of the First World War. He attended five preparatory schools, the last being Sandroyd School. From Sandroyd he went to Winchester College in 1920 where Monty Rendall, the h ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nervous Shock
In English law, a nervous shock is a psychiatric / mental illness or injury inflicted upon a person by intentional or negligent actions or omissions of another. Often it is a psychiatric disorder triggered by witnessing an accident, for example an injury caused to one's parents or spouse. Although the term "nervous shock" has been described as "inaccurate" and "misleading", it continues to be applied as a useful abbreviation for a complex concept. The possibility of recovering damages for nervous shock, particularly caused by negligence, is strongly limited in English law. Definition To amount in law to "nervous shock", the psychiatric damage suffered by the claimant must extend beyond grief or emotional distress to a recognised mental illness, such as anxiety neurosis or reactive depression. Damages for bereavement suffered as a result of the wrongful death of a close one are available under the Fatal Accidents Act 1976, while courts can also award damages for "pain and sufferi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
