The plaintiffs had been trapped and burned when their automobile gas tanks exploded. In court it was revealed that GM had chosen not to warn the public about the gas-line defect because it judged it would be cheaper to pay out individual lawsuits than to recall the defective automobiles," as explicitly stated in an internal company memo (Court 2004)
Do you think pre-conviction forfeiture in criminal cases is constitutional?
Strictly speaking, the practice is of highly dubious constitutionality, given that Amendment 7 of the U.S. Constitution requires a trial by jury to convict them of a crime. In some cases, pre-conviction forfeiture has been used to remove animals when someone is charged with...
These might include, respectively, a drug 'stash,' a car that was the result of drug sales, or even a home used in the trafficking of illegal drugs. The problem with forfeiture in a criminal case is that not all of the parties using the property may have been aware of the illegal use. For example, say that my adult son is selling drugs from my home and my car.
Acceptance must be made by an intended party to the contract and must be understood by the offerer before he withdraws or retracts the offer. And consideration is some forebearance on the part of both sides to make a contract enforceable. For instance, a simple promise is not enforceable. However, when a grandfather promises to pay his grandson $5 for every 'A' in school, and the grandson agrees, there is an
Under tort law, injured parties are entitled to compensatory damages which include both general damages for pain and suffering and disfigurement and special damages which include payment for loss of past and future earnings and past and future medical expenses. The awarding of compensatory damages is totally within the discretion of the jury. Under the common law, the plaintiff is entitled to a single lump sum payment. Some states
This essay provides a brief overview of several of the key factors in conflict of laws, including the areas where choice of law is likely to be at issue. Domicile Domicile is one of the key factors in choice of law. Domicile is not the same as location. Instead, domicile is a legal fiction connecting a person to a location for a specific purpose. Domicile impacts jurisdiction and choice of law.
Atomic Mushroom should prevail. 6. The plaintiff would have available three possible causes of action related to the same set of facts: the taking of the keys. The first cause of action would be based in conversion. The problem in this approach would be the fact that the defendant's possession of the keys was only momentary and did not result in the plaintiff's suffering complete exclusion from her keys. The
Another option could be fro Bug to use a defense of proximate cause which states that for a negligent act or omission to be a proximate cause of damage, it must be a natural and probable (not just possible) result of a sequence unbroken by any intervening causes. 6. [See situations b. And c. For background information.] The attorneys for BUG have completed their investigation of WIRETAP and its employee,
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