Download or read book Punitive Damages Other Acts Evidence and the Constitution written by James Allan Gash and published by . This book was released on 2009 with total page 87 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article responds to the U.S. Supreme Court's decision in State Farm Mutual Automobile Insurance Co. v. Campbell and argues the Court failed to fulfill its obligation to provide clear guidance to lower courts on how to interpret and apply its opinion, particularly with regard to the use of evidence of other acts. Rather than detailing what evidence of other acts a lower court may consider in determining whether and in what amount a punitive damage award is appropriate, the Court simply declared - with little explanation - that other acts evidence must have a quot;nexusquot; to the harm suffered by the plaintiff; absence of such a nexus violates due process. Part II of this article traces the development of the Court's punitive damages jurisprudence. Next, Part III outlines the rules governing the admissibility of evidence of other acts. In Part IV, Professor Gash analyzes and critiques the Court's opinion in State Farm and provides three alternate explanations for the quot;nexusquot; test. Finally, in Part V, Professor Gash proposes a framework for lower courts to follow when deciding whether evidence of other acts can or should be admitted for the purpose of ascertaining the appropriate amount of punitive damages, if any, that should be awarded in a given case. This six-step process remains faithful to and consistent with the State Farm Court's quot;nexusquot; test.

Download or read book Punitive Damages written by Linda L. Schlueter and published by Michie. This book was released on 1995 with total page 784 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Download or read book California Jury Instructions Civil written by California. Superior Court (Los Angeles County). Committee on Standard Jury Instructions, Civil and published by . This book was released on 2002 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Constitutional Law written by Erwin Chemerinsky and published by Aspen Publishing. This book was released on 2023-11-28 with total page 1744 pages. Available in PDF, EPUB and Kindle. Book excerpt: A leading text by a prominent scholar, Constitutional Law is known for its concise, comprehensive, and student-friendly presentation. Professor Chemerinsky's frame of reference coupled with rich background information make the law more readily understood. Influenced by 40+ years of teaching, Constitutional Law is dedicated to students who have consistently expressed a preference for straightforward and accessible content. A flexible organization accommodates a variety of course structures; no chapter assumes that students have read preceding material. A complete Teacher’s Manual and Annual Case Supplement round out this acclaimed text. New to the Seventh Edition: Constitutional law has dramatically changed in the last few years. Changes in the law have required revisions throughout, creating a significantly different book than its predecessors. Since the sixth edition the Supreme Court has Overruled of Roe v. Wade in Dobbs v. Jackson Women’s Health Organization Expanded Second Amendment rights in New York State Rifle and Pistol Association v. Bruen Effectively eliminated affirmative action in Students for Fair Admission v. University of North Carolina and Students for Fair Admission v. Harvard University Changed the law concerning the religion clauses of the First Amendment in cases such as Kennedy v. Bremerton School District, Carson v. Makin, and Fulton v. City of Philadelphia In addition to the revisions necessitated by these updates to the law, the book has been carefully and thoroughly edited. A new design has been adopted to make navigating notes and cases more straightforward. The overall approach of the book remains the same providing professors and students with: Focus on three types of material: major cases, heavily edited secondary cases, and essays Essays that provide context with historical background, development of the law in areas cases are not directly presented, and summaries of scholarly debates Straightforward, accessible prose Flexible organization Cases and materials edited to be as ideologically neutral as possible

Download or read book Civil Practice and Remedies Code written by Texas and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Punitive Damages written by Lotte Meurkens and published by . This book was released on 2014 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Modern Constitutional Law written by Lawrence Friedman and published by Aspen Publishing. This book was released on 2019-02-01 with total page 984 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike other casebooks that typically seek to tackle the entirety of Constitutional Law and are organized from the perspective of the constitutional scholar—a top-down approach that encompasses (and even emphasizes) theoretical and philosophical perspectives and debates—Modern Constitutional Law: Cases, Problems and Practice focuses on key areas of constitutional law and is organized from the ground-up. Rather than assuming students will one day be making constitutional arguments before the U.S. Supreme Court (or teaching Constitutional Law), this book assumes students will more likely be making constitutional arguments before a state or federal trial court. And so it focuses on those areas of Constitutional Law that are likely to be relevant to the practice areas in which most law students will work after law school—small or solo firms that count individuals and small businesses as their clientele, or the offices of state agencies, district attorneys, or public defenders. New to the Second Edition: Updated with key First Amendment cases through the 2017–2018 Supreme Court term, including Expressions Hair Design v. Schneiderman and Masterpiece Cakeshop v. Colorado Civil Rights Commission Includes commentary on controversial cases from the 2017–2018 Supreme Court term, including Trump v. Hawaii Existing cases have been further edited to preserve the scope of the book while reducing its size Additional supplemental cases are added to the online Professor Resources to allow professors to add coverage of most areas of constitutional law Professors and students will benefit from: Narrower scope than other casebooks, the book is more manageable for 3- and 4- credit courses A focus on doctrine rather than theory Emphasis on modern and contemporary cases rather than historical ones (although landmark cases, such as McCulloch v. Maryland, The Prize Cases, and Lochner v. New York, to name a few, are also included) Coverage that focuses on the issues most relevant to the types of practice students will enter upon graduation, such as due process, equal protection, and First Amendment Inclusion of cases from the lower federal and state courts, courts in which most students are most likely to one day find themselves litigating constitutional issues Inclusion of a generous number of case excerpts to help students develop their ability to read legal texts closely and extract useful information, rather than, like many casebooks, relying on numerous Notes to cover the jurisprudence in a particular area Each chapter includes one or more Problems to provide students opportunities to apply the doctrines learned Each chapter includes one or more “Practice Perspectives” that present the facts, background, and resolution of actual constitutional law cases, challenging students to explain the results based on what they have learned in the chapter

Download or read book Tort Theory written by Kenneth D. Cooper-Stephenson and published by Captus Press. This book was released on 1993 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Constitutional Torts written by Sheldon H. Nahmod and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: To view or download the 2018 Supplement to this book, click here. This casebook emphasizes important circuit court decisions together with relevant Supreme Court case law. This enables students to see how principles articulated in Supreme Court decisions are implemented by lower courts. Constitutional Torts also addresses affirmative duties, constitutional tort actions in state courts, and attorney's fees. Further, this book is organized around the statutory language of section 1983, thereby driving home the crucial distinction between prima facie cases and constitutional tort immunities and defenses. The fourth edition covers Supreme Court decisions from the past several years, including Minneci v. Pollard (chapter 1), Lane v. Franks and Plumhoff v. Rickard (chapter 3), Connick v. Thompson (chapter 5), Rehberg v. Paulk (chapter 7), Carroll v. Carman, Reichle v. Howards, Ashcroft v. Al-Kidd, Camreta v. Greene, Tolan v. Cotton, Ortiz v. Johnson and Filarsky v. Delia (chapter 8), Lefemine v. Wideman and Perdue v. Kenny A. (chapter 12). The circuit courts have been active over the past few years. We have extensively revised the notes to take account of the recent developments. This edition also welcomes Fred Smith as a coauthor. Constitutional Torts studies circuit and district court decisions as crucial to understanding the developing law of Section 1983, because (a) they show how general principles of law pronounced by the Supreme Court are actually applied; (b) the Supreme Court rarely visits some important aspects of the doctrine; and (c) in this dynamic area of the law, the lower courts are the first to identify new issues and new ways of approaching old problems. At the same time, the materials continue to emphasize the "tort" aspects of Section 1983 litigation, especially with regard to affirmative duties, causation, official immunity, and damages. These materials illuminate both the similarities and differences between constitutional torts and analogous principles developed in the common law tort setting. By studying both tort and constitutional principles, students learn how to argue for and against the application of common law tort principles to constitutional tort issues, and will come to understand both the theoretical and practical consequences of the constitutional underpinnings of the litigation. Constitutional Torts provides a thorough treatment of compensatory damages, punitive damages, injunctive relief, and attorneys' fees. These materials not only explain the basic doctrine, but explore their strategic implications on the conduct of litigation. A Teacher's Manual is available to professors. This book also is available in a three-hole punched, alternative loose-leaf version printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book.

Download or read book United States Code written by United States and published by . This book was released on 2013 with total page 1506 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.

Download or read book Punitive Damages written by Cass R. Sunstein and published by University of Chicago Press. This book was released on 2008-12-19 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past two decades, the United States has seen a dramatic increase in the number and magnitude of punitive damages verdicts rendered by juries in civil trials. Probably the most extraordinary example is the July 2000 award of $144.8 billion in the Florida class action lawsuit brought against cigarette manufacturers. Or consider two recent verdicts against the auto manufacturer BMW in Alabama. In identical cases, argued in the same court before the same judge, one jury awarded $4 million in punitive damages, while the other awarded no punitive damages at all. In cases involving accidents, civil rights, and the environment, multimillion-dollar punitive awards have been a subject of intense controversy. But how do juries actually make decisions about punitive damages? To find out, the authors-experts in psychology, economics, and the law-present the results of controlled experiments with more than 600 mock juries involving the responses of more than 8,000 jury-eligible citizens. Although juries tended to agree in their moral judgments about the defendant's conduct, they rendered erratic and unpredictable dollar awards. The experiments also showed that instead of moderating juror verdicts, the process of jury deliberation produced a striking "severity shift" toward ever-higher awards. Jurors also tended to ignore instructions from the judges; were influenced by whatever amount the plaintiff happened to request; showed "hindsight bias," believing that what happened should have been foreseen; and penalized corporations that had based their decisions on careful cost-benefit analyses. While judges made many of the same errors, they performed better in some areas, suggesting that judges (or other specialists) may be better equipped than juries to decide punitive damages. Using a wealth of new experimental data, and offering a host of provocative findings, this book documents a wide range of systematic biases in jury behavior. It will be indispensable for anyone interested not only in punitive damages, but also jury behavior, psychology, and how people think about punishment.

Download or read book Business and Commerce Code written by Texas and published by . This book was released on 1968 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Torts Process written by James A. Henderson and published by Aspen Publishing. This book was released on 2022-01-31 with total page 1540 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principally authored by the late James A. Henderson, Jr., and now led by Douglas A. Kysar of Yale Law School, The Torts Process has for fifty years now has given law students a clear, engaging, and sophisticated treatment of the law of torts. The Torts Process uses a student-friendly, procedurally-focused approach that relies on proven problem-and-cases pedagogy to illuminate the overarching structure and organization of tort law. Its lively mix of problems, cases, notes, and questions stimulate thought and discussion, while providing a firm foundation in tort doctrine, history, and theory New to the Tenth Edition: Overhaul of section on economic loss rule, including new lead case, Southern California Gas Leak Cases, and references to Third Restatement (Torts): Liability for Economic Harm. A new section in Chapter 8 on Damages in Context, which includes the case B. B. v. County of Los Angeles, which exposes a divide among the justices regarding the degree to which tort law should be situated within a larger legal and social context, one that includes the urgent and troubling intersection of race, policing, and violence in America. A new section in Chapter 4 on Statutory Immunities, which provides information on statutes that provide immunity from tort liability to particular industries or activities. New discussion of sexual harassment claims under intentional infliction of emotional distress and federal antidiscrimination statutes. Significant revamping of Chapter 5’s treatment of public nuisance doctrine in light of increasingly prominent use in contexts such as the opioid epidemic and climate change. Three new lead cases in Chapter 7 reflecting developments in the law of products liability, as well as a new section exploring caselaw on Amazon.com’s treatment as a product seller. Additional new lead cases throughout the Tenth Edition offer compelling teaching opportunities on a variety of topics, including: Bassett v. Lamantia (public-duty doctrine) Warren v. Dinter (medical malpractice) Gomez v. Crookham Co. (worker’s compensation benefits and wrongful death) Rich v. Fox News Network, LLC (emotional distress) Gilmore v. Jones (defamation) Lunsford v. Sterilite of Ohio, L.L.C. (invasion of privacy) Professors and students will benefit from: Problem-and-cases pedagogical approach challenges students’ understanding through theoretical and real-life situations. Clear, balanced presentation enables students to understand the overarching structure, organization, and impact of tort law. Lively mix of problems, cases, excerpts, notes and questions. Comprehensive, process-oriented approach appropriate for basic, advanced, or year-long law school torts courses. Compelling presentation from multiple scholarly and interdisciplinary perspectives. Sensitive treatment of tort law’s implications for race, sex, and gender equity.

Download or read book Punitive Damages Common Law and Civil Law Perspectives written by Helmut Koziol and published by Springer. This book was released on 2011-11-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the growing literature on the subject of punitive damages, the consensus is that it seems worthwhile and even necessary to discuss, thoroughly and on a comparative basis, the nature, role and suitability of such damages in tort law and private law in general. This book contains reports from selected jurisdictions that explicitly allow the award of punitive damages as well as from jurisdictions which purport (sometimes emphatically) to deny their existence (although a number covertly incorporate such damages into the framework of their tort systems). It benefits from an economic analysis of punitive damages, a report from a private international law perspective, one on their insurability and one on aggravated damages. The book’s comparative report and conclusion critically evaluates the material in the above reports and advances a thorough analysis of the nature of punitive damages, the cases for and against them, and their suitability in the field of tort law. Alternative remedies in private and criminal law are also considered. The publication will appeal to students, academics, practitioners, judges, policy makers and those in the insurance industry.

Download or read book Potential Congressional Responses to the Supreme Court s Decision in State Farm Mutual Automobile Ins V Cambell written by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution and published by . This book was released on 2003 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Nimmer on Copyright written by Melville B. Nimmer and published by . This book was released on 1978 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: