Personal Injury
| Defense of Others |
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| In an action against a defendant for an intentional tort, such as battery, the defendant may defend the action by claiming that he or she acted in self-defense. Similarly, under some circumstances, a defendant may claim defense of others as a defense. Defense of others is a proper defense when the person the defendant was trying to defend would have been justified in using force to defend himself or herself.
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| Proving Defamation Damages |
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| 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. In such a case, the person who made the statement has to have made it with a known or reckless disregard of the truth. This article discusses the fourth element, actual damages. More... |
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| Malicious Prosecution |
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| It should be obvious that the purpose of the criminal justice system is to bring criminals to justice. Unfortunately, people sometimes try to use the criminal justice system for improper purposes, such as revenge. As one would expect, using the criminal justice system solely for improper purposes is prohibited by law. The personal injury lawsuit that addresses improper criminal prosecution is known as malicious prosecution. More... |
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| The Military Claims Act |
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| When a person has died, has sustained injuries, or has sustained property damage as a result of the activities of military personnel or civilians who are employed by the military, the person or his or her representative may be entitled to recover damages from the federal government under the Military Claims Act (MCA). More... |
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| The Death on the High Seas Act |
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| In 1920, the United States Congress enacted the Death on the High Seas Act (DOHSA). Originally, the purpose of DOHSA was to help the widows of seamen who died in accidents at sea. Under DOHSA, a widow could file a wrongful death action against the seaman's employer or the owner of the vessel on which the seaman was working at the time of his death. The scope of the DOHSA has been greatly expanded since its enactment.
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