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Alternative Liability
{{unreferenced, date=August 2013 Alternative liability is a legal doctrine that allows a plaintiff to shift the burden of proving causation of her injury to multiple defendants, even though only one of them could have been responsible. The typical case showing the principle of alternative liability in action is Summers v. Tice, where the two defendants negligently shot in the direction of the plaintiff and two pellets caused the plaintiff's injury, one in the right eye and one in the upper lip. In the interest of justice, the innocent plaintiff's case is not defeated because he cannot prove which party was the actual cause (but-for cause) of his injury. Requirements The doctrine requires that the plaintiff bring all possible defendants into court and that the plaintiff show the defendants all breached a duty of reasonable care. The burden then shifts to the defendants to provide evidence of who caused the injury. Rationale The underpinning of this doctrine is that a plaintiff shoul ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Doctrine
A legal doctrine is a framework, set of rules, procedural steps, or test, often established through precedent in the common law, through which judgments can be determined in a given legal case. A doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows for it to be equally applied to like cases. When enough judges make use of the process, it may become established as the ''de facto'' method of deciding like situations. Examples Examples of legal doctrines include: See also * Constitutionalism * Constitutional economics * Concept * Rule according to higher law * Legal fiction * Legal precedent * ''Ex aequo et bono'' References External links * *Pierre Schlag and Amy J. Griffin, "How to do Things with Legal Doctrine" (University of Chicago Press 2020) * Emerson H. Tiller and Frank B. Cross,What is Legal Doctrine?" ''Northwestern University Law Review The ''Northwestern University Law Review'' is a law review and student organ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Summers V
Summer is the hottest of the four temperate seasons, occurring after spring and before autumn. At or centred on the summer solstice, the earliest sunrise and latest sunset occurs, daylight hours are longest and dark hours are shortest, with day length decreasing as the season progresses after the solstice. The date of the beginning of summer varies according to climate, tradition, and culture. When it is summer in the Northern Hemisphere, it is winter in the Southern Hemisphere, and vice versa. Timing From an astronomical view, the equinoxes and solstices would be the middle of the respective seasons, but sometimes astronomical summer is defined as starting at the solstice, the time of maximal insolation, often identified with the 21st day of June or December. By solar reckoning, summer instead starts on May Day and the summer solstice is Midsummer. A variable seasonal lag means that the meteorological centre of the season, which is based on average temperature patte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Actual Cause
Causation is the "causal relationship between the defendant's conduct and end result". In other words, causation provides a means of connecting conduct with a resulting effect, typically an injury. In criminal law, it is defined as the ''actus reus'' (an action) from which the specific injury or other effect arose and is combined with ''mens rea'' (a state of mind) to comprise the elements of guilt. Causation only applies where a result has been achieved and therefore is immaterial with regard to inchoate offenses. Background concepts Legal systems more or less try to uphold the notions of fairness and justice. If a state is going to penalize a person or require that person pay compensation to another for losses incurred, liability is imposed according to the idea that those who injure others should take responsibility for their actions. Although some parts of any legal system will have qualities of strict liability, in which the ''mens rea'' is immaterial to the result and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Plaintiff
A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order (e.g., an order for damages). "Plaintiff" is the term used in civil cases in most English-speaking jurisdictions, the notable exceptions being England and Wales, where a plaintiff has, since the introduction of the Civil Procedure Rules in 1999, been known as a "claimant" and Scotland, where the party has always been known as the "pursuer". In criminal cases, the prosecutor brings the case against the defendant, but the key complaining party is often called the "complainant". In some jurisdictions, a lawsuit is commenced by filing a summons, claim form or a complaint. These documents are known as pleadings, that set forth the alleged wrongs committed by the defendant or defendants with ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Res Ipsa Loquitur
''Res ipsa loquitur'' (Latin: ''"the thing speaks for itself"'') is a doctrine in the common law and Roman-Dutch law jurisdictions under which a court can infer negligence from the very nature of an accident or injury in the absence of direct evidence on how any defendant behaved in the context of tort litigation. Although specific criteria differ by jurisdiction, an action typically must satisfy the following elements of negligence: the existence of a duty of care, breach of appropriate standard of care, causation, and injury. In ''res ipsa loquitur'', the existence of the first three elements is inferred from the existence of injury that does not ordinarily occur without negligence. History The term comes from Latin and is literally translated "the thing itself speaks", but the sense is well conveyed in the more common translation, "the thing speaks for itself". The earliest known use of the phrase was by Cicero in his defence speech ''Pro Milone''. The circumstances of the genes ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ybarra V
Ybarra is a surname of Basque origin, and may refer to: * Abigail Ybarra, Fender guitar pickup winder * Dustin Ybarra, American stand-up comedian and actor * Javier Ybarra Bergé, Basque industrialist, writer, and politician * Joe Ybarra, American video game producer * Mike Ybarra, American video game industry executive * Rocío Ybarra, Spanish hockey player * Sam Ybarra, American soldier See also * Ibarra * ''Ybarra v. Spangard ''Ybarra v. Spangard''25 Cal.2d 486, 154 P.2d 687 (Cal.1944) was a leading case in California discussing the exclusive control element of res ipsa loquitur. "Where a plaintiff receives unusual injuries while unconscious and in the course of medic ...'', a leading legal decision in California discussing the exclusive control element of res ipsa loquitur. {{surname Basque-language surnames ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Res Ipsa
Res or RES may refer to: Sciences Computing *Russian and Eurasian Security Network *Spanish Supercomputing Network (''Red Española de Supercomputación'') Energy *RES - The School for Renewable Energy Science * US Renewable Electricity Standard *Renewable Energy Systems, a UK company Mathematics * Residue (complex analysis) function Medicine * Reticuloendothelial system, in anatomy Archaeology * Répertoire d'Épigraphie Sémitique, a journal publishing Semitic language inscriptions Latin word meaning "thing" *Entity (other) *Object (philosophy) *The first word of several Latin phrases: **''Res divina'' (''service of the gods'') **''Res extensa'' Descartes' physical world **'' Res gestae'' (''Things done'') **''Res inter alios acta'' (''A thing done between others'') **''Res ipsa loquitur'' (''The thing speaks for itself'') **''Res judicata'' (''A matter lreadyjudged'') **''Res nullius'' (''An unowned thing'') **'' Res publica'' (''A public thing'' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Doctrines And Principles
A legal doctrine is a framework, set of rules, procedural steps, or test, often established through precedent in the common law, through which judgments can be determined in a given legal case. A doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows for it to be equally applied to like cases. When enough judges make use of the process, it may become established as the '' de facto'' method of deciding like situations. Examples Examples of legal doctrines include: See also * Constitutionalism * Constitutional economics * Concept * Rule according to higher law * Legal fiction A legal fiction is a fact assumed or created by courts, which is then used in order to help reach a decision or to apply a legal rule. The concept is used almost exclusively in common law jurisdictions, particularly in England and Wales. Deve ... * Legal precedent * '' Ex aequo et bono'' References External links * *Pierre Schlag and Amy J. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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