The Right to Civil Defense in Torts PDF Download
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Author: Alan Calnan
Publisher:
ISBN: 9781611634020
Category : Actions and defenses
Languages : en
Pages : 0
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Book Description
According to conventional wisdom, the tort system is a hallowed place where injured victims receive their venerable day in court so they can right the wrongs committed against them. Unfortunately, this assumption is not necessarily true. When first filed, every tort action actually begins as an aggressive, state-assisted assault upon the liberty of the accused. Until that action is backed by proof, it operates much like an unjustified criminal prosecution, wrongfully infringing the due process rights of those it places in legal jeopardy. The Right to Civil Defense in Torts explores this previously hidden but politically critical side of torts. Drawing upon a unique mixture of historical, doctrinal, statutory, and constitutional sources, Civil Defense reaches the explosive conclusion that civil defendants enjoy a fundamental right against tort litigation so long as it remains unsubstantiated. While this right to civil defense is honored in some tort suits, it is routinely violated in negligence cases, where plaintiffs may proceed without establishing probable cause for their actions. Civil Defense solves this problem by proposing a revolutionary prescreening procedure in all negligence litigation. By simultaneously exposing and strengthening torts' defensive protections, this book promises to discredit the prevailing one-dimensional conception of torts while laying the groundwork for a more robust, balanced, and multifaceted approach. Given the breadth of its analysis, Civil Defense should appeal to policymakers, academics, graduate and undergraduate students, and anyone interested in legal history, political theory, moral philosophy, and constitutional jurisprudence.
Author: Alan Calnan
Publisher:
ISBN: 9781611634020
Category : Actions and defenses
Languages : en
Pages : 0
Get Book Here
Book Description
According to conventional wisdom, the tort system is a hallowed place where injured victims receive their venerable day in court so they can right the wrongs committed against them. Unfortunately, this assumption is not necessarily true. When first filed, every tort action actually begins as an aggressive, state-assisted assault upon the liberty of the accused. Until that action is backed by proof, it operates much like an unjustified criminal prosecution, wrongfully infringing the due process rights of those it places in legal jeopardy. The Right to Civil Defense in Torts explores this previously hidden but politically critical side of torts. Drawing upon a unique mixture of historical, doctrinal, statutory, and constitutional sources, Civil Defense reaches the explosive conclusion that civil defendants enjoy a fundamental right against tort litigation so long as it remains unsubstantiated. While this right to civil defense is honored in some tort suits, it is routinely violated in negligence cases, where plaintiffs may proceed without establishing probable cause for their actions. Civil Defense solves this problem by proposing a revolutionary prescreening procedure in all negligence litigation. By simultaneously exposing and strengthening torts' defensive protections, this book promises to discredit the prevailing one-dimensional conception of torts while laying the groundwork for a more robust, balanced, and multifaceted approach. Given the breadth of its analysis, Civil Defense should appeal to policymakers, academics, graduate and undergraduate students, and anyone interested in legal history, political theory, moral philosophy, and constitutional jurisprudence.
Author: Thomas Koenig
Publisher: NYU Press
ISBN: 0814747582
Category : Law
Languages : en
Pages : 363
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Book Description
Tort law is a good thing (whatever it is....).
Author: Texas
Publisher:
ISBN:
Category : Civil procedure
Languages : en
Pages :
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Book Description
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
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.
Author: Albert A. Ehrenzweig
Publisher: Univ of California Press
ISBN: 0520350154
Category : Law
Languages : en
Pages : 104
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Book Description
This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1951.
Author: Stuart M. Speiser
Publisher:
ISBN:
Category : Torts
Languages : en
Pages : 1190
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Book Description
Author: Ernest J. Weinrib
Publisher: Oxford University Press
ISBN: 0199660646
Category : Law
Languages : en
Pages : 365
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Book Description
Private law governs our most pervasive relationships: the wrongs we do one another, the contracts we make and break, and the property we own. This book analyses the deepest questions about the law's foundations, showing how a distinctive notion of justice, 'corrective justice', describes the special morality intrinsic to private law.
Author: European Group on Tort Law
Publisher: Principles of European Tort Law
ISBN: 9781780689630
Category : Comparative law
Languages : en
Pages : 0
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Book Description
Prescription is a major legal defence that bars civil actions after the expiry of the prescription period on the claim. This book thoroughly examines the law of 16 selected jurisdictions and extensively analyses in comparative perspective the elements of prescription, their interrelations, and the policy considerations (including economic analysis). While the book focuses on prescription of tort claims the analysis, comparisons and conclusions are most pertinent to most civil actions.
Author: Darrell L. Ross
Publisher: Routledge
ISBN: 1317523997
Category : Law
Languages : en
Pages : 508
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Book Description
Understanding case law in high-liability areas and performing the job within a legal framework places a criminal justice agency in the best position to defend against a lawsuit. This handbook addresses the problems confronting criminal justice practitioners and their agencies due to the ever-increasing number of civil liability lawsuits. It introduces the reader to civil liability generally and the federal law specifically, while indicating the steps that can be taken to minimize the risk of litigation. Civil Liability in Criminal Justice is one of very few texts on the subject that combines applicable case law and related liability research, a valuable feature for current and future policy makers and managers. Ross also provides an overview of current case law in high-liability areas, enhancing student knowledge and practitioner job performance.
Author: Andrew Dyson
Publisher: Bloomsbury Publishing
ISBN: 1782255427
Category : Law
Languages : en
Pages : 378
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Book Description
This book is the first in a series of essay collections on defences in private law. It addresses defences to liability arising in tort. The essays range from those adopting a primarily doctrinal approach to others that examine the law from a more theoretical or historical perspective. Some essays focus on individual defences, while some are concerned with the links between defences, or with how defences relate to the structure of tort law as a whole. A number of the essays also draw upon concepts and literature that have been developed mainly in relation to the criminal law, and consider their application to tort law. The essays make several original contributions to this complex, important but neglected field of academic enquiry.
