accidents and injuries

Definition

1) A person's, in particular a party's, statement acknowledging that a certain fact is true or silence after another party's assertion of a fact that, if false, would typically elicit a denial.

Definition

Evidence that is formally presented before the trier of fact (i.e., the judge or jury) to consider in deciding the case. The trial court judge determines whether or not the evidence may be proffered. To be admissible in court, the evidence must be relevant (i.e., material and having probative value) and not outweighed by countervailing considerations (e.g., the evidence is unfairly prejudicial, confusing, a waste of time, privileged, or based on hearsay).

Definition

A crime in which the defendant's unlawful or negligent operation of a motor vehicle results in the death of another person.  Also called automobile homicide and vehicular manslaughter.

Definition

A doctrine that limits the liability of persons accused of negligent infliction of emotional distress ("NIED").  If the zone of danger rule applies, plaintiffs suing for NIED may only recover damages if they were (1) "placed in immediate risk of physical harm" by the defendant's negligence and (2) frightened by the risk of harm. Consolidated Rail Corp. v.

Definition

A final judgment or decision.  The centerpiece of an award is usually a declaration that one party owes another a certain amount of money.  Although the term often refers to the decisions of arbitrators and juries, it can also refer to the decisions of judges.

Actual intent to perform some act, but without a wish for the consequences that result from that act.  Depending on the offense alleged, both tort plaintiffs and criminal prosecutors may need to prove that the defendant acted with general intent.  

Contrast with specific intent and strict liability.

Definition

A category of activity for which a judge may determine is abnormally dangerous and, thus, subject to strict liability.   If the activity creates a risk of serious injury to the land or chattels of the plaintiff or to the plaintiff himself and this risk cannot be eliminated through the exercise of due care, and the particular activity is not generally performed in that particular physical area.

Definition

Capable of employment. A person who is able to work is ineligible to receive unemployment benefits on the basis of illness or injury. 

Illustrative caselaw

See, e.g. International Union, et al. v. Johnson Controls, Inc., 499 U.S. 187 (1991).

When two or more parties are jointly and severally liable for a tortious act, each party is independently liable for the full extent of the injuries stemming from the tortious act. Thus, if a plaintiff wins a money judgment against the parties collectively, the plaintiff may collect the full value of the judgment from any one of them. That party may then seek contribution from the other wrong-doers.

People are judgment-proof if they lack the resources or insurance to pay a court judgment against them. For example, suppose that a thief steals your car, sells it, and then burns all of his worldly possessions. Even if you sued him and won, you could not recover anything because the thief is judgment-proof.