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Strict Liability
In criminal and civil law, strict liability is a standard of liability under which a person is legally responsible for the consequences flowing from an activity even in the absence of fault or criminal intent on the part of the defendant. Under the strict liability law, if the defendant possesses anything that is inherently dangerous, as specified under the "ultrahazardous" definition, the defendant is then strictly liable for any damages caused by such possession, no matter how carefully the defendant is safeguarding them. In the field of torts, prominent examples of strict liability may include product liability, abnormally dangerous activities (e.g., blasting), intrusion onto another's land by livestock, and ownership of wild animals. Other than activities specified above (like ownership of wild animals, etc), US courts have historically considered the following activities as "ultrahazardous": # storing flammable liquids in quantity in an urban area # pile driving # bl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Law
Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and Well-being, welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and Rehabilitation (penology), rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from Civil law (common law), civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or Rehabilitation (penology), rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the Criminal, offender. History The first Civilization, civilizations generally did not distinguish between Civil law (area), civil law and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rylands V Fletcher
''Rylands v Fletcher'' (1868) LR 3 HL 330 is a leading decision by the Judicial functions of the House of Lords, House of Lords which established a new area of English tort law. It established the rule that one's non-natural use of their land, which leads to another's land being damaged as a result of dangerous things emanating from the land, is strictly liable.Bohlen (1911) 300 Rylands employed contractors to build a reservoir on his land. As a result of negligent work done, the reservoir burst and flooded a neighbouring mine, run by Fletcher, causing £937 worth of damage (). Fletcher brought a claim under negligence against Rylands. At the court of first instance, the majority ruled in favour of Rylands. George Wilshere, 1st Baron Bramwell, Baron Bramwell, dissenting, argued that the claimant had the right to enjoy his land free of interference from water, and that Rylands was guilty of trespass and the commissioning of a nuisance. Bramwell's argument was affirmed by the Court ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
State School
A state school, public school, or government school is a primary school, primary or secondary school that educates all students without charge. They are funded in whole or in part by taxation and operated by the government of the state. State-funded schools are global with each country showcasing distinct structures and curricula. Government-funded education spans from primary to secondary levels, covering ages 4 to 18. Alternatives to this system include homeschooling, Private school, private schools, Charter school, charter schools, and other educational options. By region and country Africa South Africa In South Africa, a state school or government school refers to a school that is state-controlled. These are officially called public schools according to the South African Schools Act of 1996, but it is a term that is not used colloquially. The Act recognised two categories of schools: public and independent. Independent schools include all private schools and schools t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
National Childhood Vaccine Injury Act
The National Childhood Vaccine Injury Act (NCVIA) of 1986 (42 U.S.C. §§ 300aa-1 to 300aa-34) was signed into law by United States President Ronald Reagan as part of a larger health bill on November 14, 1986. NCVIA's purpose was to eliminate the potential financial liability of vaccine manufacturers due to vaccine injury claims to ensure a stable market supply of vaccines, and to provide cost-effective arbitration for vaccine injury claims. Under the NCVIA, the National Vaccine Injury Compensation Program (NVICP) was created to provide a federal no-fault system for compensating vaccine-related injuries or death by establishing a claim procedure involving the United States Court of Federal Claims and special masters. Background In the 1970s and 1980s, a controversy erupted related to the question of whether the whole-cell pertussis component of the DPT vaccine caused permanent brain injury known as pertussis vaccine encephalopathy in rare cases. No studies showed a causal c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lyme Disease
Lyme disease, also known as Lyme borreliosis, is a tick-borne disease caused by species of ''Borrelia'' bacteria, Disease vector, transmitted by blood-feeding ticks in the genus ''Ixodes''. It is the most common disease spread by ticks in the Northern Hemisphere. Infections are most common in the spring and early summer. The most common sign of infection is an expanding red rash, known as erythema migrans (EM), which appears at the site of the tick bite about a week afterwards. The rash is typically neither itchy nor painful. Approximately 70–80% of infected people develop a rash. Other early symptoms may include fever, headaches and fatigue (medical), tiredness. If untreated, symptoms may include Facial nerve paralysis, loss of the ability to move one or both sides of the face, arthritis, joint pains, Meningitis, severe headaches with neck stiffness or heart palpitations. Months to years later, repeated episodes of joint pain and swelling may occur. Occasionally, shootin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cutter Incident
Cutter Laboratories was a family-owned pharmaceutical company located in Berkeley, California, founded by Edward Ahern Cutter in 1897. Cutter's early products included anthrax vaccine, hog cholera (swine fever) virus, and anti-hog cholera serum—and eventually a hog cholera vaccine. The hog cholera vaccine was the first tissue culture vaccine, human or veterinary, ever produced. The company expanded considerably during World War II as a consequence of government contracts for blood plasma and penicillin. After Edward Cutter's death, his three sons—Robert K. Cutter (president), Edward "Ted" A. Cutter Jr. (vice-president), and Frederick A. Cutter—ran the company. In the next generation Robert's son David followed his father as president of the company. The Bayer pharmaceutical company bought Cutter Laboratories in 1974. [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Vaccines
A vaccine is a biological preparation that provides active acquired immunity to a particular infectious or malignant disease. The safety and effectiveness of vaccines has been widely studied and verified. A vaccine typically contains an agent that resembles a disease-causing microorganism and is often made from weakened or killed forms of the microbe, its toxins, or one of its surface proteins. The agent stimulates the body's immune system to recognize the agent as a threat, destroy it, and recognize further and destroy any of the microorganisms associated with that agent that it may encounter in the future. Vaccines can be prophylactic (to prevent or alleviate the effects of a future infection by a natural or "wild" pathogen), or therapeutic (to fight a disease that has already occurred, such as cancer). Some vaccines offer full sterilizing immunity, in which infection is prevented. The administration of vaccines is called vaccination. Vaccination is the most effective ... [...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] |
Actus Reus
In criminal law, ''actus reus'' (; : ''actus rei''), Latin for "guilty act", is one of the elements normally required to prove commission of a crime in common law jurisdictions, the other being ("guilty mind"). In the United States, it is sometimes called the '' external element'' or the ''objective element'' of a crime. Etymology The terms ''actus reus'' and ''mens rea'' developed in English Law are derived from a principle stated by Edward Coke, namely, ''actus non facit reum nisi mens sit rea'', which means: "an act does not make a person guilty unless (their) mind is also guilty"; hence, the general test of guilt is one that requires proof of fault, culpability or blameworthiness both in thought and action. Act In order for an ''actus reus'' to be committed there has to have been an act. Various common law jurisdictions define act differently but generally, an act is a "bodily movement whether voluntary or involuntary." In '' Robinson v. California'', , the U.S. Supreme C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Due Diligence
Due diligence is the investigation or exercise of care that a reasonable business or person is normally expected to take before entering into an agreement or contract with another party or an act with a certain standard of care. Due diligence can be a legal obligation, but the term more commonly applies to voluntary investigations. It may also offer a defence against legal action. A common example of due diligence is the process through which a potential acquirer evaluates a target company or its assets in advance of a merger or acquisition. The theory behind due diligence holds that performing this type of investigation contributes significantly to informed decision making by enhancing the amount and quality of information available to decision makers and by ensuring that this information is systematically used to deliberate on the decision at hand and all its costs, benefits, and risks. Development of the term The term "due diligence" can be read as "required carefulness" ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Absolute Liability
Absolute liability is a standard of legal liability found in tort and criminal law of various legal jurisdictions. To be convicted of an ordinary crime, in certain jurisdictions, a person must not only have committed a criminal action but also have had a deliberate intention or guilty mind (''mens rea''). In a crime of strict or absolute liability, a person could be guilty even if there was no intention to commit a crime. The difference between strict and absolute liability is whether the defence of a “mistake of fact” is available: in a crime of absolute liability, a mistake of fact is not a defence. Strict or absolute liability can also arise from inherently dangerous activities or defective products that are likely to result in a harm to another, regardless of protection taken, such as owning a pet rattle snake; negligence is not required to be proven. Australia The Australian Criminal Code Act 1995 defines absolute liability in Division 6, subsection 2: Absolute liab ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roger J
Roger is a masculine given name, and a surname. The given name is derived from the Old French personal names ' and '. These names are of Germanic languages">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 Franks, 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 From up to , Roger was slang for the word "penis". In ''Under Milk Wood'', Dylan Thomas writes "jolly, rodgered" suggesting both the sexual double entendre and the pirate term "Jolly Roger". In 19th-century England, Roger was slang for another term, the cloud of toxic green gas that swept through the chlori ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
