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On hearing the plaintiff trying to break in, he shot his gun through a hole in the shed, injuring the plaintiff. At first instance, the judge awarded damages on the basis that the defendant had used violence in excess of the reasonable limits allowed by lawful self-defence and was negligent to the standard of care expected of a reasonable man ...
Truth is an absolute defense against defamation in the United States, [1] meaning true statements cannot be defamatory. [ 2 ] Most states recognize that some categories of false statements are considered to be defamatory per se , such that people making a defamation claim for these statements do not need to prove that the statement caused them ...
The plaintiff can elect to either receive monetary damages equal to the entire value of the painting, or the plaintiff can ask the court to order the return of the stolen property (plus some minor amount of compensation for the suffering caused by its deprivation). However, the plaintiff cannot have both, and must therefore make an election of ...
Decided November 17, 1948; Full case name: Charles A. Summers v. Howard W. Tice, et al. Citation(s) 33 Cal.2d 80 199 P.2d 1: Holding; When a plaintiff suffers a single indivisible injury, for which the negligence of each of several potential tortfeasors could have been a but-for cause, but only one of which could have actually been the cause, all the potential tortfeasors are jointly and ...
While plaintiff alleging defamation in an American court must usually prove that the statement caused harm, and was made without adequate research into the truthfulness of the statement; where the plaintiff is a celebrity or public official, they must additionally prove that the statement was made with actual malice (i.e. the intent to do harm ...
New York Times Co. v. Sullivan, 376 U.S. 254 (1964), was a landmark U.S. Supreme Court decision that ruled the freedom of speech protections in the First Amendment to the U.S. Constitution restrict the ability of a public official to sue for defamation.
The plaintiff, originally the passenger, asked if he could drive in an attempt to roll start the car. The defendant agreed, aware that he had consumed 11 or 12 bottles of beer that evening. The plaintiff lost control of the car, which left the road down the steep slope and flipped over. The plaintiff suffered severe head injuries as a result.
The plea of autrefois acquit is a form of estoppel by which the state cannot reassert the guilt of the accused after they have been acquitted. [3] The plea prevents inconsistent decisions and the reopening of litigation. [3] The limitations of these pleas have been circumscribed by various legal cases and appeals. [4]