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Comparative Negligence
Comparative negligence, called non-absolute contributory negligence outside the United States, is a partial legal defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim, based upon the degree to which the plaintiff's own negligence contributed to cause the injury. When the defense is asserted, the factfinder, usually a jury, must decide the degree to which the plaintiff's negligence and the combined negligence of all other relevant actors all contributed to cause the plaintiff's damages. It is a modification of the doctrine of contributory negligence that disallows any recovery by a plaintiff whose negligence contributed even minimally to causing the damages. Types of comparative negligence Prior to the late 1960s, only a few states had adopted the system. When comparative negligence was adopted, three main versions were used. The first is called "pure" comparative negligence. Under this type of comparative negligence, a plaintiff wh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contributory Negligence
In some common law jurisdictions, contributory negligence is a defense to a tort claim based on negligence. If it is available, the defense completely bars plaintiffs from any recovery if they contribute to their own injury through their own negligence. Because the contributory negligence doctrine can lead to harsh results, many common law jurisdictions have abolished it in favor of a "comparative fault" or "comparative negligence" approach. A comparative negligence approach reduces the plaintiff's damages award by the percentage of fault the fact-finder assigns to the plaintiff for their own injury. For example, if a jury thinks the plaintiff is 30% at fault, the plaintiff's damages award will be reduced by 30%. History The doctrine of contributory negligence was dominant in U.S. jurisprudence in the 19th and 20th century. The English case '' Butterfield v. Forrester'' is generally recognized as the first appearance, although in this case, the judge held the plaintiff's own ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
West Virginia
West Virginia is a mountainous U.S. state, state in the Southern United States, Southern and Mid-Atlantic (United States), Mid-Atlantic regions of the United States.The United States Census Bureau, Census Bureau and the Association of American Geographers classify West Virginia as part of the Southern United States while the Bureau of Labor Statistics classifies the state as a part of the Mid-Atlantic (United States), Mid-Atlantic regionMid-Atlantic Home : Mid-Atlantic Information Office: U.S. Bureau of Labor Statistics" www.bls.gov. Archived. It is bordered by Pennsylvania and Maryland to the northeast, Virginia to the southeast, Kentucky to the southwest, and Ohio to the northwest. West Virginia is the List of U.S. states and territories by area, 10th-smallest state by area and ranks as the List of U.S. states and territories by population, 12th-least populous state, with a population of 1,769,979 residents. The capital and List of municipalities in West Virginia, most populou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of Negligence
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a legislature, resulting in statutes; by the executive through decrees and regulations; or by judges' decisions, which form precedent in common law jurisdictions. An autocrat may exercise those functions within their realm. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and also serves as a mediator of relations between people. Legal systems vary between jurisdictions, with their differences analysed in comparative law. In civil law jurisdictions, a legislature or other central body codifies and consolidates the law. In common law systems, judges ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Comparative Law
Comparative law is the study of differences and similarities between the law and legal systems of different countries. More specifically, it involves the study of the different legal systems (or "families") in existence around the world, including common law, civil law, socialist law, Canon law, Jewish Law, Islamic law, Hindu law, and Chinese law. It includes the description and analysis of foreign legal systems, even where no explicit comparison is undertaken. The importance of comparative law has increased enormously in the present age of internationalism and economic globalization. History The origins of modern comparative law can be traced back to Gottfried Wilhelm Leibniz in 1667 in his Latin-language book (New Methods of Studying and Teaching Jurisprudence). Chapter 7 (Presentation of Law as the Project for all Nations, Lands and Times) introduces the idea of classifying Legal Systems into several families. A few years later, Leibniz introduced an idea of Languag ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
American Legal Terminology
American(s) may refer to: * American, something of, from, or related to the United States of America, commonly known as the "United States" or "America" ** Americans, citizens and nationals of the United States of America ** American ancestry, people who self-identify their ancestry as "American" ** American English, the set of varieties of the English language native to the United States ** Native Americans in the United States, indigenous peoples of the United States * American, something of, from, or related to the Americas, also known as "America" ** Indigenous peoples of the Americas * American (word), for analysis and history of the meanings in various contexts Organizations * American Airlines, U.S.-based airline headquartered in Fort Worth, Texas * American Athletic Conference, an American college athletic conference * American Recordings (record label), a record label that was previously known as Def American * American University, in Washington, D.C. Sports teams ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Uniform Comparative Fault Act
The Uniform Comparative Fault Act (UCFA), and its periodic revisions, is one of the Uniform Acts drafted by the National Conference of Commissioners on Uniform State Laws (NCCUSL) with the intention of harmonizing state laws in force in the states. The UCFA seeks to establish an apportionment of liability that is more flexible than the all-or-nothing approaches of the contributory negligence and last clear chance doctrines. Under the UCFA, the judgment against tortfeasors can be reduced according to any negligence on behalf of the plaintiff, and multiple tortfeasors held joint and several liability Where two or more persons are liable in respect of the same liability, in most common law legal systems they may either be: * severally liable, or * jointly liable, or * jointly and severally liable. Several liability In several or proportionat ... can seek contributions from their codefendants. The UCFA has not been adopted by a large number of states, because many states prefer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Li V
Li, li, or LI may refer to: Businesses and organizations * Landscape Institute, a British professional body for landscape architects * Leadership Institute, a non-profit organization located in Arlington, Virginia, US, that teaches "political technology." * Li Auto (Nasdaq: LI), a Chinese manufacturer of electric vehicles * Liberal International, a political federation for liberal parties * Linux International, an international non-profit organization * Lyndon Institute, an independent high school in the U.S. state of Vermont * The Light Infantry, a British Army infantry regiment Names * Li (surname), including: ** List of people with surname Li ** Li (surname 李), one of the most common surnames in the world ** Li (surname 黎), the 84th most common surname in China ** Li (surname 栗), the 249th most common surname in China ** Li (surname 利), the 299th most common surname in China ** Li (surname 厉), a Chinese surname ** Li (surname 郦), a Chinese surname * Li A ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hoffman V
Hoffman is a surname of German origin. The original meaning in medieval times was "steward", i.e. one who manages the property of another. In English and other European languages, including Yiddish and Dutch, the name can also be spelled Hoffmann, Hofmann, Hofman, Huffman, and Hofmans. People with the surname A * Aaron Hoffman (1880–1944), American writer, director and comedian * Abbie Hoffman (1936–1989), American social activist of prominence in the 1960s and 1970s * Abraham Hoffman (1938–2015), Israeli basketball player * Adolph Hoffmann (1858–1930), German politician and Prussian Minister for Science, Culture and Education * Al Hoffman (1902–1960), Russian-born American songwriter * Alan Hoffman (born 1982), American entrepreneur * Albert Hofmann (1906–2008), Swiss chemist and discoverer of LSD * Alex Hoffman-Ellis (born 1989), American football player * Alice Hoffman (born 1952), American author * Anthony Hoffman (1739–1790), New York politician * Ar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Comparative Responsibility
Comparative responsibility (known as comparative fault in some jurisdictions) is a doctrine of tort law that compares the fault of each party in a lawsuit for a single injury. Comparative responsibility may apply to intentional torts as well as negligence and encompasses the doctrine of comparative negligence. Comparative responsibility divides the fault among parties by percentages, and then accordingly divides the money awarded to the plaintiff. The plaintiff may only recover the percentage of the damages he is not at fault for. If a plaintiff is found to be 25% at fault, he can recover only 75% of his damages. There are several circumstances that make comparative responsibility intricate: when the plaintiff shares in fault for the damages, when a defendant who has a share of the fault cannot be included in the suit, when one of the defendants can not pay, and when there are charges of both negligence and intentional torts in the same action. United States Currently, only A ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Washington
The Washington Supreme Court is the highest court in the judiciary of the U.S. state of Washington. The court is composed of a chief justice and eight associate justices. Members of the court are elected to six-year terms. Justices must retire at the end of the calendar year in which they reach the age of 75, per the Washington State Constitution. The chief justice is chosen by secret ballot by the Justices to serve a 4-year term. The current chief justice is Debra L. Stephens, who began her term in January 2025. She previously served as Chief Justice from 2019-2020, serving out the remainder of Chief Justice Mary Fairhurst's term when she retired. Prior to January 1997 (pursuant to a Constitutional amendment adopted in 1995), the post of chief justice was held for a 2-year term by a justice who (i) was one of the Justices with 2 years left in their term, (ii) was the most senior in years of service of that cohort, and (iii) (generally) had not previously served as chief j ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 contiguous states border Canada to the north and Mexico to the south, with the semi-exclave of Alaska in the northwest and the archipelago of Hawaii in the Pacific Ocean. The United States asserts sovereignty over five Territories of the United States, major island territories and United States Minor Outlying Islands, various uninhabited islands in Oceania and the Caribbean. It is a megadiverse country, with the world's List of countries and dependencies by area, third-largest land area and List of countries and dependencies by population, third-largest population, exceeding 340 million. Its three Metropolitan statistical areas by population, largest metropolitan areas are New York metropolitan area, New York, Greater Los Angeles, Los Angel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Defendants
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 must ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
