| Actions Against Parents for Torts of Children |
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| Generally, parents are not liable for the torts of their minor children. However, there are exceptions to this general rule, and parents may be held liable in certain circumstances. More... |
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| Alternative Causes of an Injury |
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| Ordinarily, a plaintiff in a personal injury action has the burden of proving that a defendant's negligence caused his or her injury. However, when a plaintiff proves that two defendants have committed negligent acts, and it is impossible to determine which act caused the plaintiff's injury, the burden of proof shifts to the defendants. Each defendant has the burden of proving that his or her negligent act did not cause the plaintiff's injury. More... |
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| Federal Tort Claims Act -- Notice of Claim |
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| Under the Federal Tort Claims Act (FTCA), a person who plans to file a personal injury action against the federal government must present a written "notice of claim," or "administrative claim," to the government agency that is allegedly responsible for the injury. A notice of claim is a prerequisite to a personal injury action against the federal government. If no notice of claim has been given, a court will dismiss the action. More... |
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| Examples of Non-Defamatory Opinion |
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| Defamation lawsuits are not easy to win because the plaintiff must both prove the difficult elements of his or her case and avoid the many defenses to defamation. This article discusses two examples of one of the standard defenses to defamation: opinion. More... |
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| Specific Intent vs. General Intent |
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| In order to prove an intentional tort, such as assault or battery, the plaintiff must show that the defendant intended to commit the tort. Intent may be either specific or general.
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