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The fixing of punishment for crime and penalties for unlawful acts is within the police power of the state, and this Court cannot interfere with state legislation in fixing fines, or judicial action in imposing them, unless so grossly excessive as to amount to a deprivation of property without due process of law. Where a state antitrust law ...
The Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) made changes to American bankruptcy laws, affecting both consumer and business bankruptcies. Many of the bill's provisions were explicitly designed by the bill's Congressional sponsors to make it "more difficult for people to file for bankruptcy."
Conversely, the status of a visitor as a trespasser grants certain rights to the visitor if they are injured due to the negligence of the property owner. Licensee – A person who is on the property of another, despite the fact that the property is not open to the general public; historically, emergency workers have been considered licensees.
It is a rare alternative basis of breach. Ordinarily, it only applies when the plaintiff has little or limited access to the evidence of negligent conduct. Res ipsa loquitur requires that the defendant have exclusive control over the thing that causes the injury and that the act be one that would not ordinarily occur without negligence.
False imprisonment does not require a literal prison, but a restriction of the claimant's freedom of movement (complete restraint). According to the Termes de la Ley , 'imprisonment is the restraint of a man's liberty, whether it be in the open field, or in the stocks, or in the cage in the streets or in a man's own house, as well as in the ...
The Roman Catholic Diocese of San Diego filed for bankruptcy protection on Monday for the second time, after a recent change to California law prompted 457 legal claims alleging decades-old sex ...
Restraint, a practice that reduces students’ ability to move, and seclusion, which involuntarily places children in isolation, can now only be used if a student or staff member is in imminent ...
Unlike disabling restraints, the effectiveness of the lawsuit does not prevent the transfer from being made. However, the Supreme Court says promissory restraints are not permissible. The promissory note discourages the person getting ready to sell the property which is the same effect as the disabling restraint. Forfeiture restraints In the ...