| More Tort Law Versus Criminal Law |
| Apart from legislation granting a right to sue for a specific harm, personal injury law generally consists of tort law and the civil procedure for enforcing it. This article discusses some of the distinctions between tort law and criminal law, beyond criminal law's focus on the criminal and tort law's focus on the financial harm suffered by the victim.More... |
| Tort Law--Deterrence and Avoiding Self-Help |
| Apart from legislation granting a right to sue for a specific harm, personal injury law generally consists of tort law and the civil procedure for enforcing it. Most scholars agree that tort law has four purposes: (1) compensation for damages; (2) financial responsibility; (3) deterrence; and (4) avoiding self-help. This article discusses the purposes of deterrence and avoiding self-help.More... |
| Personal Injury Actions between Spouses |
| When spouses commit torts against each other, a cause of action may or may not be available to the injured spouse. It depends upon the jurisdiction and the type of injury.More... |
| Publication of a Defamation |
| A lawsuit for defamation has the following basic elements: (1) making a false statement; (2) about a person; (3) to others; and (4) actual damages (if the harm to the person is not apparent). There is a fifth element when the person is a public official or public figure. The person who made the statement has to have made it with a known or reckless disregard of the truth. This article discusses the third element, making a statement to others, known as publication.More... |
| Claims against the Government |
| Under the legal doctrine of sovereign immunity, the government cannot be sued without its permission. Sovereign immunity protects the federal government, state and local governments, and government agencies from personal injury lawsuits. However, most governments (including the federal government) have passed laws that waive their sovereign immunity under certain circumstances.More... |
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