logan 2e 00 fmt 2004-1-6 12.38p Page i North Carolina Torts logan 2e 00 fmt 2004-1-6 12.38p Page ii logan 2e 00 fmt 2004-1-6 12.38p Page iii North Carolina Torts second edition David A. Logan Roger Williams University Ralph R. Papitto School of Law Wayne A. Logan William Mitchell College of Law Carolina Academic Press Durham, North Carolina logan 2e 00 fmt 2004-1-6 12.38p Page iv Copyright © 2004 David A. Logan Wayne A. Logan All
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September 2013 “Our Society Is Too Litigious” Innumerous laws and guidelines exist in the American legal system to punish those who commit torts and crimes. Also, there are also many different court systems that protect individuals’ rights. Upon a superficial look at the American legal system, it may seem that the laws of our society deter people from committing torts and crimes. However, only an idealist would make such an assertion upon realizing that although the legal system itself may have no problems
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remain uncertain. For example, the laws relating to the liability of providers of online services are currently unsettled both within the U.S. and abroad. Claims have been threatened and filed under both U.S. and foreign laws for defamation, invasion of privacy and other tort claims, unlawful activity, copyright and trademark infringement, or other theories based on the nature and content of the materials searched and the ads posted by our users, our products and services, or content generated by our
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Torts - negligence (donoghe v Stephenson) nuisance (public n private) defamation (libel & slander) AGENCY - agent responsibility = work wit skill n care, don't make secret profit, obey the principal's lawful instruction. Principal resp. - pay agent, reimburse agent for debts incurred on the job Termination of agency - 1- BY ACT OF THE PARTIES (both agree to terminate contract, principal can fire agent if agent make secret profit) 2 - BY OPERATION OF LAW- if the principal is bankrupt, if the
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Oral Law: Oral Law is law that is not written down but is spoken Kinship : The act or fact of being in a relationship. Terra Nullius: Land owned by no one. Native Title: Native title is land given to the indigenous community by the government. Who is Eddie Marbo: Dispute Resolution If the law is broken or a dispute arises family and community is involved in resolution. * Discussions are held at ceremonial times * Elders use discussion between parties to resolve the dispute
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Torts and Warranties James.Oliver78 AIU Online Abstract This is an essay about a story of the four wrongs, and the invasion of privacy. It is about a Harvard Law Review article and what the newspapers in 1890 had to do with it. The differences and similarities of the four wrongs which make-up the invasion of privacy principle, and then on towards the world of warranties and what they mean. How warranties affect our lives in today’s society and a brief description of what the buying
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Employment At-Will Doctrine The legal doctrine called at-will clearly states that an employer can terminate an employee at any time for any reason, except an illegal one, or for no reason without incurring legal liability. It also means that an employer can change the terms of the employment relationship with no notice and no consequences. “For example, an employer can alter wages, terminate benefits, or reduce paid time off. In its unadulterated form, the U.S. at-will rule leaves employees vulnerable
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BUS 393 – Final Review Chapter 2 – TORTS: * Tort: (private wrong = not criminal) an act that causes harm such as physical harm, harm to property or reputation, & gives the right to sue and to seek remedies (damages to compensate for loss) * Intent: it is not the intent to injure or harm but whether you deliberately intended the conduct or act that caused the injury (damages greater if can prove intent – includes punitive damages) * Vicarious Liability: you did not intend the harm but
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Intro to law Chapter 1 Business law is divided into: - Tort law – injury - Contract law - Business (sole, partner, corporation) - Real estate - Intellectual - Environmental 3 functions of the law 1. Settling disputes 2. Establishment of rules 3. Protection Sources of law - Case law – from recorded judgement – precedent - Statues – passed by government - Statue law – judicial understanding and application Stare decisis: to let a decision stand 1. From the judges own 2. From
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presumption that you retain it until you create a new domicile ii. Rejects interpretation of “actually lived” iii. Intent is unclear (including to Rahm)…may just be following opportunity iv. Maybe: domicile can be different for different purposes III. Torts (territoriality) a. First view (Story) = territoriality i. Exclusive jurisdiction within events that happen within one’s own territory ii. Focus on voluntary nature→comity/cooperation b. Next (Beale) = vested rights [same outcome] i. Lex loci
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