| 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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| Fraud Requires Deceitfulness and Reasonable Reliance |
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| Liability for fraud exists when six elements are proven: (1) knowingly, recklessly, or without reasonable grounds, (2) making a material misrepresentation (3) to deceive another (4) who reasonably relies on the misrepresentation (5) causing that person (6) actual damages. This article discusses the third element, deceitfulness, and the fourth element, reasonable reliance.More... |
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| Rules Regarding Road Signs and Markings |
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| A state transportation department has the duty to place and maintain appropriate signs, signals, and other traffic control devices on highways that are under its jurisdiction. The state transportation department also has the duty to place and maintain signs, signals, and other traffic control devices that are in accordance with the state's vehicle or transportation code. More... |
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| Tort Liability of Members of the Armed Forces |
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| Members of the armed forces are generally immune from liability for damages to another person or to the other person's property as long as the members were acting within the scope of their employment or their official duties and as long as the members were following a lawful command. The immunity applies to the members who were issuing the lawful command and to the members who were obeying the lawful command.More... |
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| The Eggshell Skull Rule |
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| Suppose that a mugger approaches a jogger on a street, hoping to steal the jogger's wallet. In order to disable the jogger, the mugger strikes him on the head. Unbeknownst to the mugger, the jogger suffers from a rare medical condition that has made his skull as thin and fragile as an eggshell. Therefore, the mugger's assault kills the jogger. Under the "Eggshell Skull Rule," the mugger is liable for the death of the jogger, even though the jogger's death was unintended and unexpected.More... |
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