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Rowland V. Christian
''Rowland v. Christian'', (1968), was a landmark case (At p. 308.) decided by the Supreme Court of California. It eliminated the categories of invitee, licensee, and trespasser to determine the duty of care owed by a possessor of land to the people on the land. It replaced the classifications with a general duty of care owed to all persons. Background As explained by the Court of Appeal in its opinion below, the plaintiff, James Davis Rowland, Jr., was a guest in the apartment of the defendant, Nancy Christian. They knew each other through a mutual friend. On the day of the accident, the plaintiff came to the defendant's apartment to ask her to drive him to the airport to catch a flight, and she agreed. The plaintiff requested to use the bathroom and a water faucet handle broke off in his hand, leaving him with severed tendons and nerve damage. The defendant had complained to the landlord about the broken handle but did not warn the plaintiff. The trial judge granted summary ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
San Francisco County Superior Court
The Superior Court of California of the County of San Francisco is the Superior Courts of California, state superior court with jurisdiction over the San Francisco, City and County of San Francisco. History Courthouse functions were incorporated into San Francisco City Hall prior to 1997. The village of Yerba Buena, seized by Commodore John D. Sloat in July 1846, was renamed to San Francisco in January 1847. Initially, the Custom House on Brenham Place and Washington Street was used for municipal offices. With the influx of immigrants seeking gold during the California Gold Rush in 1849, the population swelled and a nativist gang calling themselves The Hounds began harassing Spanish-American immigrants. The first court system was organized after a public meeting on July 16, 1849, demanding the Hounds be brought to justice; the leaders were put on trial and sentenced to ten years imprisonment and the leaderless organization dissolved shortly thereafter. Subsequently, planning beg ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of California
The Supreme Court of California is the Supreme court, highest and final court of appeals in the judiciary of California, courts of the U.S. state of California. It is headquartered in San Francisco at the Earl Warren Building, but it regularly holds sessions in Los Angeles and Sacramento. Its decisions are binding on all other California State court (United States), state courts. Since 1850, the court has issued many influential decisions in a variety of areas including torts, property law, property, Civil and political rights, civil and constitutional rights, and criminal law. Composition Under the original 1849 California Constitution, the Court started with a chief justice and two associate justices. The Court was expanded to five justices in 1862. Under the current 1879 constitution, the Court expanded to six associate justices and one chief justice, for the current total of seven. The justices are appointed by the Governor of California and are subject to retention electi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1968 In United States Case Law
Events January–February * January 1968, January – The I'm Backing Britain, I'm Backing Britain campaign starts spontaneously. * January 5 – Prague Spring: Alexander Dubček is chosen as leader of the Communist Party of Czechoslovakia. * January 10 – John Gorton is sworn in as 19th Prime Minister of Australia, taking over from John McEwen after being 1968 Liberal Party of Australia leadership election, elected leader of the Liberal Party of Australia, Liberal Party the previous day, following the disappearance of Harold Holt. Gorton becomes the only Australian Senate, Senator to become Prime Minister, though he immediately transfers to the Australian House of Representatives, House of Representatives through the 1968 Higgins by-election in Holt's vacant seat. * January 15 – The 1968 Belice earthquake in Sicily kills 380 and injures around 1,000. * January 21 ** Vietnam War: Battle of Khe Sanh – One of the most publicized and controversial battles of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Tort Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film * ''The United'' (film), an unreleased Arabic-language film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe * "United (Who We Are)", a song by XO-IQ, featured in the television ser ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Majority Opinion
In law, a majority opinion is a judicial opinion agreed to by more than half of the members of a court. A majority opinion sets forth the decision of the court and an explanation of the rationale behind the court's decision. Not all cases have a majority opinion. At times, the justices voting for a majority decision (e.g., to affirm or reverse the lower court's decision) may have drastically different reasons for their votes, and cannot agree on the same set of reasons. In that situation, several concurring opinions may be written, none of which is the view of a majority of the members of the court. Therefore, the concurring opinion joined by the greatest number of judges is referred to as the plurality opinion. Normally, appellate courts (or panels) are staffed with an odd number of judges to avoid a tie. Sometimes, and in some jurisdictions, when judicial positions are vacant or a judge has recused themselves from a case, the court may be stuck with a tie, in which case ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Summary Judgment
In law, a summary judgment, also referred to as judgment as a matter of law or summary disposition, is a Judgment (law), judgment entered by a court for one party and against another party summarily, i.e., without a full Trial (law), trial. Summary judgments may be issued on the merits of an entire case, or on discrete issues in that case. The formulation of the summary judgment standard is stated in somewhat different ways by courts in different jurisdictions. In the United States, the presiding judge generally must find there is "no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." In England and Wales, the court rules for a party without a full trial when "the claim, defence or issue has no real prospect of success and there is no other compelling reason why the case or issue should be disposed of at a trial." In common-law systems, questions about what the law actually is in a particular case are decided by judges; in rare ca ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trespasser
In the law of tort, property, and criminal law a trespasser is a person who commits the act of trespassing on a property, that is, without the permission of the owner. Being present on land as a trespasser thereto creates liability in the trespasser, so long as the trespass is intentional. At the same time, the status of a visitor as a trespasser (as opposed to an invitee or a licensee) defines the legal rights of the visitor if they are injured due to the negligence of the property owner. Trespassing as a tort The tort of trespass to land requires an intentional physical invasion of the plaintiff's real property by the defendant or a refusal to leave when ordered to leave. Intent required For example, a person walking in a public park who trips and rolls down a hill will not be liable for trespass just because the bottom of the hill is on private land. Physical invasion The trespasser need not enter the land in person. Indeed, if A and B are standing next to C's land, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Licensee
A licensee can mean the holder of a license or, in U.S. tort law, is a person who is on the property of another, despite the fact that the property is not open to the general public, because the owner of the property has allowed the licensee to enter. The status of a visitor as a licensee (as opposed to a trespasser or an invitee) defines the legal rights of the visitor if they are injured due to the negligence of the property possessor (not necessarily the owner). Where licensees are present, activities conducted on the land by or at the behest of the owner of the land must be conducted with the care that a prudent person would show. A duty to warn arises if there is a harmful condition on the land that is hidden from the licensee, so long as the landowner knows of this condition. The licensee falls between the anticipated or discovered trespasser and the invitee on the sliding scale of tort liability assessed to landowners. Whereas the anticipated trespasser needs to be protec ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Invitee
In the law of torts, an invitee is a person who is invited to land by the possessor of the land as a member of the public or one who enters the land of another for the purpose of business dealings with the possessor of the land. The status of a visitor as an invitee (as opposed to a trespasser or a licensee) defines the legal rights of the visitor if they are injured due to the negligence of the property owner. There are generally two types of invitees:. * Business Invitee is a person who enters business property to do business with the land occupier. * Public Invitee is a person who enters land in the possession of another for the purpose for which the property is held open to the public, even if no business purpose is involved. Even if "invited" onto somebody's premises, a social guest is classified as a licensee. The property owner has a duty to make the property safe for the invitee, which includes conducting a reasonable inspection of the premises to uncover hidden dange ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Raymond L
Raymond is a male given name of Germanic origin. It was borrowed into English from French (older French spellings were Reimund and Raimund, whereas the modern English and French spellings are identical). It originated as the Germanic ᚱᚨᚷᛁᚾᛗᚢᚾᛞ (''Raginmund'') or ᚱᛖᚷᛁᚾᛗᚢᚾᛞ (''Reginmund''). ''Ragin'' ( Gothic) and ''regin'' (Old German) meant "counsel". The Old High German ''mund'' originally meant "hand", but came to mean "protection". This etymology suggests that the name originated in the Early Middle Ages, possibly from Latin. Alternatively, the name can also be derived from Germanic Hraidmund, the first element being ''Hraid'', possibly meaning "fame" (compare ''Hrod'', found in names such as Robert, Roderick, Rudolph, Roland, Rodney and Roger) and ''mund'' meaning "protector". Despite the German and French origins of the English name, some of its early uses in English documents appear in Latinized form. As a surname, its first recorded ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
California Courts Of Appeal
The California Courts of Appeal are the state intermediate appellate courts in the U.S. state of California. The state is geographically divided along county lines into six appellate districts.California Government Code Sections 69100-69107 The Courts of Appeal form the largest state-level intermediate appellate court system in the United States, with 106 justices. Jurisdiction and responsibility 
The decisions of the Courts of Appeal are binding on the [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Louis H
Louis may refer to: People * Louis (given name), origin and several individuals with this name * Louis (surname) * Louis (singer), Serbian singer Other uses * Louis (coin), a French coin * HMS ''Louis'', two ships of the Royal Navy See also * Derived terms * King Louis (other) * Saint Louis (other) * Louis Cruise Lines * Louis dressing, for salad * Louis Quinze, design style Associated terms * Lewis (other) * Louie (other) * Luis (other) * Louise (other) * Louisville (other) Associated names * * Chlodwig, the origin of the name Ludwig, which is translated to English as "Louis" * Ladislav and László - names sometimes erroneously associated with "Louis" * Ludovic, Ludwig, Ludwick, Ludwik Ludwik () is a Polish given name. Notable people with the name include: * Ludwik Czyżewski, Polish WWII general * Ludwik Fleck (1896–1961), Polish medical doctor and biologist * Ludwik Gintel (1899–1973), Polish- ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
