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Dillon V. Legg
''Dillon v. Legg'', 68 Cal. 2d 728 (1968), was a case decided by the Supreme Court of California that established the tort of negligent infliction of emotional distress. To date, it is the most persuasive decision of the most persuasive state supreme court in the United States during the latter half of the 20th century: ''Dillon'' has been favorably cited and followed by at least twenty reported out-of-state appellate decisions, more than any other California appellate decision in the period from 1940 to 2005. It was also favorably cited by the House of Lords in an important case on nervous shock, ''McLoughlin v O'Brian'' 983 Background A mother, Margery M. Dillon, and her daughter Cheryl witnessed the death of her other child in a car accident caused by a negligent driver, David Luther Legg. Two-year-old Erin Dillon was fatally struck by Legg's vehicle while crossing Bluegrass Road near its intersection with Clover Lane (near the Dillons' residence in the unincorporated are ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roger J
Roger is a given name, usually masculine, and a surname. The given name is derived from the Old French personal names ' and '. These names are of Germanic origin, derived from the elements ', ''χrōþi'' ("fame", "renown", "honour") and ', ' ("spear", "lance") (Hrōþigēraz). The name was introduced into England by the Normans. In Normandy, the Frankish name had been reinforced by the Old Norse cognate '. The name introduced into England replaced the Old English cognate '. ''Roger'' became a very common given name during the Middle Ages. A variant form of the given name ''Roger'' that is closer to the name's origin is ''Rodger''. Slang and other uses Roger is also a short version of the term "Jolly Roger", which refers to a black flag with a white skull and crossbones, formerly used by sea pirates since as early as 1723. From up to , Roger was slang for the word "penis". In ''Under Milk Wood'', Dylan Thomas writes "jolly, rodgered" suggesting both the sexual double entend ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unincorporated Area
An unincorporated area is a region that is not governed by a local municipal corporation. Widespread unincorporated communities and areas are a distinguishing feature of the United States and Canada. Most other countries of the world either have no unincorporated areas at all or these are very rare: typically remote, outlying, sparsely populated or List of uninhabited regions, uninhabited areas. By country Argentina In Argentina, the provinces of Chubut Province, Chubut, Córdoba Province (Argentina), Córdoba, Entre Ríos Province, Entre Ríos, Formosa Province, Formosa, Neuquén Province, Neuquén, Río Negro Province, Río Negro, San Luis Province, San Luis, Santa Cruz Province, Argentina, Santa Cruz, Santiago del Estero Province, Santiago del Estero, Tierra del Fuego Province, Argentina, Tierra del Fuego, and Tucumán Province, Tucumán have areas that are outside any municipality or commune. Australia Unlike many other countries, Australia has only local government in Aus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1968 In California
The year was highlighted by Protests of 1968, protests and other unrests that occurred worldwide. Events January–February * 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 war ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of California Case Law
Supreme may refer to: Entertainment * Supreme (character), a comic book superhero * ''Supreme'' (film), a 2016 Telugu film * Supreme (producer), hip-hop record producer * "Supreme" (song), a 2000 song by Robbie Williams * The Supremes, Motown-era singer group * Supreme Pictures Corporation, 1930s film company Other * Supreme (brand), a clothing brand based in New York * Supreme (cookery), a term used in cookery * Supreme, Louisiana, a census-designated place in the United States * Supreme Soviet, the highest legislation body of Soviet Union, dissolved in 1991 * Oldsmobile Cutlass Supreme, car produced by Oldsmobile between 1966 and 1997 * Plaxton Supreme, British coach bodywork built in the late 1970s and early 1980s See also * Supreme Records (other), several record labels * Supremo (other) * Supreme court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1968 In United States Case Law
The year was highlighted by protests and other unrests that occurred worldwide. Events January–February * 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 elected leader of the Liberal Party the previous day, following the disappearance of Harold Holt. Gorton becomes the only Senator to become Prime Minister, though he immediately transfers to the 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 war begins, ending on April 8. ** 1968 Thule Air Base B-52 crash: A U.S. B-52 Stratofortress crashes in Greenland, discharging 4 nuclear bombs. * January 23 ... [...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 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 Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Negligence Case Law
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] |
Bright-line Rule
A bright-line rule (or bright-line test) is a clearly defined rule or standard, composed of objective factors, which leaves little or no room for varying interpretation. The purpose of a bright-line rule is to produce predictable and consistent results in its application. The term "bright-line" in this sense generally occurs in a legal context. Bright-line rules are usually standards established by courts in legal precedent or by legislatures in statutory provisions. The US Supreme Court often contrasts bright-line rules with their opposite: balancing tests (or "fine line testing"), where a result depends on weighing several factors—which could lead to inconsistent application of law or reduce objectivity. Debate in the US In the United States, there is much scholarly legal debate between those favoring bright-line rules and those favoring balancing tests. While some legal scholars, such as former Supreme Court Justice Antonin Scalia, have expressed a strong preference fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Thing V
Thing or The Thing may refer to: Philosophy * An object * Broadly, an entity * Thing-in-itself (or ''noumenon''), the reality that underlies perceptions, a term coined by Immanuel Kant * Thing theory, a branch of critical theory that focuses on human–object interactions in literature and culture History * Thing (assembly), also spelled as ''ting'' or ''þing'', a historical Germanic governing assembly * The Thing (listening device), a Soviet bug used during the Cold War for eavesdropping on the U.S. ambassador to the Soviet Union * The Thing (art project), a 1990s community-based in New York City Film and television * ''The Thing from Another World'', often referred to as ''The Thing'', 1951 science fiction film based on the novella ''Who Goes There?'' * '' The Thing'' (1982 film), a remake of the 1951 film, directed by John Carpenter, more closely following the original novella ''Who Goes There?'' * '' The Thing'' (2011 film), a prequel to the 1982 film * Thin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Balancing Test
A balancing test is any judicial test in which the jurists weigh the importance of multiple factors in a legal case. Proponents of such legal tests argue that they allow a deeper consideration of complex issues than a bright-line rule can allow. But critics say that such tests can be used to justify any conclusion, upon which the judge might arbitrarily decide. In the United States, many legal issues, which had previously been considered settled by the imposition of bright-line tests through Supreme Court precedents have been replaced by balancing tests in recent years. Referring to evidence When referring to evidence presented at a trial, the balancing test ''allows'' the court to exclude relevant evidence if its "probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence." This means that if a particular piece of evi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duty Of Care
In tort law, a duty of care is a legal obligation that is imposed on an individual, requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant must be able to show a duty of care imposed by law that the defendant has breached. In turn, breaching a duty may subject an individual to liability. The duty of care may be imposed ''by operation of law'' between individuals who have no ''current'' direct relationship (familial or contractual or otherwise) but eventually become related in some manner, as defined by common law (meaning case law). Duty of care may be considered a formalisation of the social contract, the implicit responsibilities held by individuals towards others within society. It is not a requirement that a duty of care be defined by law, though it will often develop through the jurisprudence of common law. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Foreseeability
In law and insurance, a proximate cause is an event sufficiently related to an injury that the courts deem the event to be the cause of that injury. There are two types of causation in the law: cause-in-fact, and proximate (or legal) cause. Cause-in-fact is determined by the "but for" test: But for the action, the result would not have happened.. (For example, but for running the red light, the collision would not have occurred.) The action is a necessary condition, but may not be a sufficient condition, for the resulting injury. A few circumstances exist where the but for test is ineffective (see But-for test). Since but-for causation is very easy to show (but for stopping to tie your shoe, you would not have missed the train and would not have been mugged), a second test is used to determine if an action is close enough to a harm in a "chain of events" to be legally valid. This test is called proximate cause. Proximate cause is a key principle of Insurance and is concerned ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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