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Social Host Liability
Social host liability is created by a statute or case law that imposes liability on social hosts as a result of their serving alcohol to adults or minors. A social host is most often a private individual who serves alcohol in a non-commercial setting. Persons subject to social-host liability in civil actions are typically those that provided alcohol to the obviously intoxicated social guests who subsequently are involved in vehicle crashes or other activities causing death or injury to third parties, or to minors who are injured as a result of intoxication that results from service of alcohol by the host, but the circumstances under which social host liability can result varies by jurisdiction. Most people are aware that serving alcohol to people who are below the legal age for the consumption of alcohol is illegal in the United States. Exceptions from that prohibition for service of alcohol to minors in family settings, for religious reasons and other purposes varies by state. I ...
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Statute
A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed will of a legislative body, whether that be on the behalf of a country, state or province, county, municipality, or so on. Depending on the legal system, a statute may also be referred to as an "act." Etymology The word appears in use in English as early as the 14th century. "Statute" and earlier English spellings were derived from the Old French words ''statut'', ''estatut'', ''estatu,'' meaning "(royal) promulgation, (legal) statute." These terms were in turn derived from the Late Latin ''statutum,'' meaning "a law, decree." 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, whi ...
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Case Law
Case law, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law", or precedent. ''Stare decisis''—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory law, which are established by executive agencies based on statutes. In some jurisdictions, case law can be applied to ongoing adjudication; for example, criminal proceedings or family law. In common law countries (including the United Kingdom, United States, Canada, Austral ...
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Legal Liability
In law, liable means "responsible or answerable in law; legally obligated". Legal liability concerns both Civil law (common law), civil law and criminal law and can arise from various areas of law, such as contracts, torts, taxes, or fines given by Administrative law, government agencies. The Plaintiff, claimant is the one who seeks to establish, or prove, liability. Liability in business In commercial law, limited liability is a method of protection included in some business formations that shields its owners from certain types of liability and that amount a given owner will be liable for. A limited liability form separates the owner(s) from the business. The limited liability form essentially acts as a corporate veil that protects owners from liabilities of the business. This means that when a business is found liable in a case, the owners are not themselves liable; rather, the business is. Thus, only the funds or property the owner(s) have invested into the business are subje ...
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Alcoholic Beverage
Drinks containing alcohol (drug), alcohol are typically divided into three classes—beers, wines, and Distilled beverage, spirits—with alcohol content typically between 3% and 50%. Drinks with less than 0.5% are sometimes considered Non-alcoholic drink, non-alcoholic. Many societies have a distinct drinking culture, where alcoholic drinks are integrated into party, parties. Most countries have Alcohol law, laws regulating the production, sale, and consumption of alcoholic beverages. Some regulations require the labeling of the percentage alcohol content (as ABV or Alcohol proof, proof) and the use of a Alcohol warning label, warning label. List of countries with alcohol prohibition, Some countries Prohibition, ban the consumption of alcoholic drinks, but they are legal in most parts of the world. The temperance movement advocates against the consumption of alcoholic beverages. The global alcohol industry, alcoholic drink industry exceeded $1.5 trillion in 2017. Alcohol is o ...
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Non-commercial
A non-commercial (also spelled noncommercial) activity is an activity that is not carried out in the interest of Profit (economics), profit. The opposite is Commerce, commercial, something that primarily serves profit interests and is focused on business. For example, advertising-free community radio stations are typically nonprofit organizations staffed by individuals volunteering their efforts to air a wide variety of radio programming, and do not run explicit radio advertisements, included in the United States specific grouping of "non-commercial educational" (NCE) public radio stations. Copyright and licenses Some Creative Commons licenses include a "non-commercial" option, which has been controversial in definition. In a 2008 survey conducted in the United States, some respondents interpreted the concept as: * "If I have nothing to gain from it, then it's non-commercial." * "If you can afford to pay for it, do it; otherwise it's OK anyway" * "What we consider to have "genu ...
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Drunkenness
Alcohol intoxication, commonly described in higher doses as drunkenness or inebriation, and known in overdose as alcohol poisoning, is the behavior and physical effects caused by recent consumption of alcohol. The technical term ''intoxication'' in common speech may suggest that a large amount of alcohol has been consumed, leading to accompanying physical symptoms and deleterious health effects. Mild intoxication is mostly referred to by slang terms such as ''tipsy'' or ''buzzed''. In addition to the toxicity of ethanol, the main psychoactive component of alcoholic beverages, other physiological symptoms may arise from the activity of acetaldehyde, a metabolite of alcohol. These effects may not arise until hours after ingestion and may contribute to a condition colloquially known as a hangover. Symptoms of intoxication at lower doses may include mild sedation and poor coordination. At higher doses, there may be slurred speech, trouble walking, impaired vision, mood swing ...
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Vehicle
A vehicle () is a machine designed for self-propulsion, usually to transport people, cargo, or both. The term "vehicle" typically refers to land vehicles such as human-powered land vehicle, human-powered vehicles (e.g. bicycles, tricycles, velomobiles), animal-powered transports (e.g. horse-drawn vehicle, horse-drawn carriages/wagons, ox carts, dog sleds), motor vehicles (e.g. motorcycles, cars, trucks, buses, mobility scooters) and rail transport, railed vehicles (trains, trams and monorails), but more broadly also includes cable transport (aerial lift, cable cars and elevators), watercraft (ships, boats and underwater vehicles), amphibious vehicles (e.g. screw-propelled vehicles, hovercraft, seaplanes), aircraft (airplanes, helicopters, glider (aircraft), gliders and aerostats) and space vehicles (spacecraft, spaceplanes and launch vehicles). This article primarily concerns the more ubiquitous land vehicles, which can be broadly classified by the type of contact interface with ...
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Traffic Collision
A traffic collision, also known as a motor vehicle collision, or car crash, occurs when a vehicle collides with another vehicle, pedestrian, animal, road debris, or other moving or stationary obstruction, such as a tree, pole or building. Traffic collisions often result in injury, disability, death, and property damage as well as financial costs to both society and the individuals involved. Road transport is statistically the most dangerous situation people deal with on a daily basis, but casualty figures from such incidents attract less media attention than other, less frequent types of tragedy. The commonly used term car accident is increasingly falling out of favor with many government departments and organizations: the Associated Press style guide recommends caution before using the term and the National Union of Journalists advises against it in their Road Collision Reporting Guidelines. Some collisions are intentional vehicle-ramming attacks, staged crashes, vehicu ...
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Legal Drinking Age
The legal drinking age is the minimum age at which a person can legally consume alcoholic beverages. The minimum age alcohol can be legally consumed can be different from the age when it can be purchased in some countries. These laws vary between countries and many laws have exemptions or special circumstances. Most laws apply only to drinking alcohol in public places with alcohol consumption in the home being mostly unregulated (one of the exceptions being England and Wales, which have a minimum legal age of five for supervised consumption in private places). Some countries also have different age limits for different types of alcohol drinks. The majority of countries have a minimum legal drinking age of 18. The most commonly known reason for the law behind the legal drinking age is the effect on the brain in adolescents. Since the brain is still maturing, alcohol can have a negative effect on the memory and long-term thinking. Alongside that, it can cause liver failure, ...
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New Hampshire
New Hampshire ( ) is a U.S. state, state in the New England region of the Northeastern United States. It borders Massachusetts to the south, Vermont to the west, Maine and the Gulf of Maine to the east, and the Canadian province of Quebec to the north. Of the List of states and territories of the United States, 50 U.S. states, New Hampshire is the List of U.S. states and territories by area, seventh-smallest by land area and the List of U.S. states and territories by population, tenth-least populous, with a population of 1,377,529 residents as of the 2020 United States census, 2020 census. Concord, New Hampshire, Concord is the List of capitals in the United States, state capital and Manchester, New Hampshire, Manchester is the List of municipalities in New Hampshire, most populous city. New Hampshire's List of U.S. state mottos, motto, "Live Free or Die", reflects its role in the American Revolutionary War; its state nickname, nickname, "The Granite State", refers to its ext ...
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Dram Shop
A dram shop (or dramshop) is a bar, tavern or similar commercial establishment where alcoholic beverages are sold. Traditionally, it is a shop where spirits were sold by the dram, a small unit of liquid. Dram shop liability refers to the body of law governing the liability of taverns, liquor stores, and other commercial establishments that serve alcoholic beverages. Within the United States, laws that impose potential liability upon businesses that sell alcohol for injuries caused by their patrons are usually called ''dram shop laws'' or ''dram shop acts''. Generally, dram shop laws establish the liability of establishments arising out of the sale of alcohol to visibly intoxicated persons or minors who subsequently cause death or injury to third parties (those not having a relationship to the business that sold the alcohol) as a result of alcohol-related car crashes and other accidents. The laws are intended to protect the general public from the hazards of serving alcohol to m ...
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Childs V
Childs may refer to: People * Childs (surname) *Childs Frick (1883–1965), paleontologist and son of Henry Clay Frick Places in the United States * Childs, Maryland, an unincorporated community * Childs, Minnesota, a former town * Childs, West Virginia, an unincorporated community Other uses * , a destroyer in service from 1920 to 1945 * , a Union Navy Civil War steamer sometimes referred to as ''Childs'' * Childs Restaurants * '' Childs v Desormeaux'', the leading Supreme Court of Canada on social host liability for drunkenness * Childs Hall at Whiteknights Park, a campus of the University of Reading, England See also * Child A child () is a human being between the stages of childbirth, birth and puberty, or between the Development of the human body, developmental period of infancy and puberty. The term may also refer to an unborn human being. In English-speaking ... * Child (surname) * Childe * Child's (other) {{disambiguation, geo ...
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