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| | Theories of Tort Law |
 | | Tort law is a branch of the civil law; the other main branches are contract and property law. | | | Tort law imposes a duty of repair, and while it is true that a person who is under a duty to act is constrained in the set of actions open to him, duties are neither punishments nor sanctions. | | | In the case of torts, the plaintiff is the victim of an alleged wrong and the unsuccessful defendant is either directed by the court to pay damages to the plaintiff (the usual remedy) or else to desist from the wrongful activity (so-called "injunctive relief"). |
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http://plato.stanford.edu/entries/tort-theories
(12417 words)
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| | tort on Encyclopedia.com |
| | TORT [tort] in law, the violation of some duty clearly set by law, not by a specific agreement between two parties, as in breach of contract. | | | Efforts to reform tort law hope to set limits to damage settlements and to broaden no-fault statutes for use in alternative forms of litigation. | | | The general tendency today is to rule that the breach of any duty constitutes a tort, rather than to rule that an alleged tort must fit into some previously recognized variety, such as assault, false imprisonment, or libel. |
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http://www.encyclopedia.com/html/t1/tort.asp
(1274 words)
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| | Your Right to Trial |
| | Tort filings in state courts have essentially remained constant over the past decade and actually declined by 6 percent between 1991 and 1993, according to the most recent NCSC study. | | | This is particularly significant because over 95 percent of all tort cases are filed in state courts. | | | Products liability cases account for only 4 percent of all tort cases in state courts, according to the National Center for State Courts. |
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http://www.gtla.org/public/right-to-trial.html
(3386 words)
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| | Tort Reform |
| | Tort law, like most of our legal system, is traditionally a matter of state "common law" and legislation. | | | In its political context, "tort reform" generally refers to proposals to limit the prevalence of legal claims prosecuted with the assistance of personal injury lawyers which are perceived to unfairly burden insurance policy holders with exorbitant premiums. | | | Technically, a tort is any civil wrong in which a damaged victim can seek legal redress from the individual who caused the harm. |
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http://www.newsbatch.com/tort.htm
(3582 words)
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| | Duhaime's Canadian Law Dictionary : T |
| | Tort refers to that body of the law which will allow an injured person to obtain compensation from the person who caused the injury. | | | A legal proceeding taken under the law of equity where the plaintiff attempts to reclaim specific property, through the court, whether the property is still in the first acquirer's hands or it has passed onto others, and even if the property has been converted (related common law terms: conversion, trover and detinue). | | | When they do so, either intentionally or by negligence, they can be required by a court to pay money to the injured party ("damages") so that, ultimately, they will suffer the pain cause by their action. |
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http://www.duhaime.org/dictionary/dict-t.aspx
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| | Tort - Wex |
| | Torts are civil wrongs recognized by law as grounds for a lawsuit. | | | While some torts are also crimes punishable with imprisonment, the primary aim of tort law is to provide relief for the damages incurred and deter others from committingthe same harms. | | | The Restatement is a publication prepared by the American Law Institute (http://www.ali.org/) whose aim is to present an orderly statement of the general law of the United States. |
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http://www.law.cornell.edu/topics/torts.html
(405 words)
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| | Public Citizen Congress Watch Congress Watch - Department of Justice Study Disproves Tort "Reform" Myths |
| | Only 11% of tort trials were for medical malpractice and 2.3% were for defective products (not including asbestos cases, which were another 1.8%.) In contrast, automobile accident cases accounted for 49% of all tort trials, with three-fifths of those cases being one individual suing another. | | | Tort "Reform" Myth: Tort plaintiffs are using the courts to cripple American businesses. | | | Tort Reform Myth: Product liability and medical malpractice litigation is overloading our courts and federal legislation is needed to stem it. |
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http://www.citizen.org/congress/civjus/tort/myths/articles.cfm?ID=5671
(914 words)
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| | Understanding tort reform (Page 1 of 2) |
| | Tort reform is a somewhat confusing hodgepodge of legal issues. | | | While tort reform has had varying successes in the various states, proponents are working at the federal level to pass some very specific laws dealing with class action lawsuits, medical malpractice and asbestos-related claims, among others. | | | Most people have heard of tort reform, a movement to reshape the way consumers can access the courts by restricting their right to sue and limiting the awards they could receive. |
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http://www.bankrate.com/brm/news/pf/20050727a1.asp
(677 words)
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| | Tort Law, Moral Accountability, and Efficiency: Reflections on the Current Crisis |
| | Tort law is ascribed no inherent moral content and involves no evaluation of the voluntary decisions of the parties to a lawsuit. | | | Substantive state Tort law must be restored, at the state level, to the notions of personal accountability that prevailed until recently. | | | The strict liability view of unintentional tort, divorcing causation from wrongfulness, has led to an amoral Tort law, in part through the rise of what can be termed causal nihilism. |
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http://www.acton.org/publicat/m_and_m/1999_spr/krauss.html
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| | Definition of Tort |
| | A tort is subject to civil action and subsequent judgement for damages payable to the wronged party, whereas a crime is subject to criminal action and subsequent penalty. | | | A tort is an unintentional violation of another person's rights, usually due to negligence. |
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http://www.lcgroup.com/explanations/tort.htm
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| | The Economic Benefits of Tort Reform |
| | The term "tort" broadly refers to any legal case (other than breach of contract) in which injuries are inflicted by the defendant. | | | In legal terms, a tort is a breach of a legal duty resulting in damages to another party. | | | Contingency fee is the traditional mechanism used to compensate attorneys in tort cases. |
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http://www.house.gov/jec/tort/tort/tort.htm
(8153 words)
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| | The Economics of Tort Law |
| | One of the important background assumptions of tort law is that the parties may be unable to bargain so that their precautionary actions must be taken independently and without knowledge of what the other party may be doing. | | | Although most plaintiffs bring product-injury cases in state courts, there is some evidence to support the higher cost-higher quality hypothesis from looking at the number of products-liability cases filed in federal courts. | | | Presumably, the plaintiff ought to be allowed to keep a portion of the punitives in order to create an incentive for plaintiffs in civil cases to undertake to ask for punitives where they are appropriate. |
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http://www.cooter-ulen.com/tort_liability.htm
(5291 words)
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| | The National Center for State Courts - Home Page |
| | Examining the Work of State Courts: Tort and Contract Caseloads in State Courts. | | | Civil Justice Survey of State Courts, 1992: Tort Cases in Large Counties. | | | Includes information on business courts, class actions, electronic discovery, jury management, mass torts, civil pretrial procedures, and tort cases. |
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http://www.ncsconline.org/WC/Education/TortCaGuide.htm
(889 words)
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| | Welcome to Texans for Lawsuit Reform |
| | Because the Legislature and most Texans have grown tired of hearing the shopworn claims of the plaintiff trial lawyers (and their trade group, the Texas Trial Lawyers Association or TTLA), the trial lawyers obviously needed a new friend—and have now found it in Texas Monthly. | | | It makes incorrect statements of fact and law and reflects a startling lack of understanding of tort law, the Texas civil justice system, and TLR. | | | The article takes the viewpoint that Texans for Lawsuit Reform has single-handedly manipulated the tort system in Texas to deprive injured Texans of their day in court. |
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http://www.tortreform.com
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| | Tort |
| | This workbook is broken down into six areas: What is tort?; The purpose of tort law; a brief section on Tort and other areas of law (Criminal and Contract law); Elements of tortious liability; a Case study; and the workbook concludes with a Bibliography. | | | Since this is already quite a long section, it does not deal to any great extent with the many difficult theoretical issues raised by the award of damages, and in particular by the courts' adherence to the principle of full compensation. | | | But it points out that damages may also serve non-compensatory functions - and it will also be seen that in other tort cases C may seek a remedy other than damages, such as an injunction or restitution. |
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http://www.law.warwick.ac.uk/lcc/iolis/tort.htm
(1332 words)
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| | OpinionJournal - Cross Country |
| | This change came about not only because the legislation provided that venues for lawsuits must be established independently for each plaintiff, but also because Mississippi Supreme Court decisions reinstated the traditional rules of joinder of plaintiffs. | | | Congress, too, is fighting out the issue in the form of proposed legislation to cap medical malpractice damage awards and to reform asbestosis litigation. | | | There is enough information, however, to state unequivocally that tort reform has made the Mississippi legal environment more fair, more predictable and less expensive. |
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http://www.opinionjournal.com/cc/?id=110007260
(1029 words)
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| | Tort Reform Press Page |
| | While much of the discussion focuses on the economic and legal matters surrounding tort reform, the Acton Institute is adding a perspective on the debate which is too often overlooked: the moral and civil society implications of litigiousness. | | | During the past several decades in the United States, tort law has undergone significant changes that, in practice, seriously diminish the opportunity to find resolution and justice. | | | Trial by Fury: Restoring the Common Good in Tort Litigation |
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http://www.acton.org/press/special/tortreform.html
(563 words)
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| | Frequently Asked Questions |
| | Yes, there are fees attached to Mass Tort document filing similar to the Civil Law matters. | | | Second, despite the number of claimants, there is a commonality of factual and legal issues. | | | Once Mass Tort is designated the Judge assigns a quick date for the pre-conference setting up, discovery issues, forms, then monthly conferences are scheduled with the liason council to establish time lines, IME, Depositions etc, Picking BellWeather Cases, First Trial etc. |
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http://www.judiciary.state.nj.us/mass-tort/faq.htm
(733 words)
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| | [No title] |
| | Therefore tort law is one of the major areas of law (along with contract, real property and criminal law) and results in more civil litigation than any other category. | | | Some intentional torts may also be crimes, such as assault, battery, wrongful death, fraud, conversion (a euphemism for theft) and trespass on property and form the basis for a lawsuit for damages by the injured party. | | | Torts include all negligence cases as well as intentional wrongs which result in harm. |
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http://dictionary.law.com/definition2.asp?selected=2137&bold=
(139 words)
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| | Media Matters - Wash. Post columnist relied on dubious study to promote tort reform |
| | The Tort and legal system in general is far from perfect. | | | Once we take down these legal defenses and protections, we'll be right back to the antics that companies proved they could do prior to tort laws being enforced in a serious way. | | | It includes auto medical payments in no-fault cases, where lawsuits are prohibited against third parties in most cases, as well as uninsured motorist coverage when again, no party is sued. |
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http://mediamatters.org/items/200501100008
(5146 words)
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| | The Attack on Trial Lawyers and Tort Law |
| | Other tort reform publications at Cato include "Restoring the Boundary: Tort Law and the Right to Contract." | | | and published Krauss' "Suits Against 'Big Fat' Tread On Basic Tort Liability Principles" in their publication, Legal Backgrounder. | | | The Washington Legal Foundation, described elsewhere in this report, receives funding from Scaife, Olin and Coors, |
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http://www.commonwealinstitute.org/reports/tort/Appendix2.html
(617 words)
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| | Tort |
| | He then proceeds to demonstrate the various facets of tort, definitions, examples, case law, decisions, ratio and inconsistencies. | | | And so this text fulfills its press jacket promise and is an excellent text for students revising for Tort examinations. | | | Tort, by Professor Hedley is a valuable text for both students and those persons wishing to gain insight into the subject area for personal reasons. |
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http://www.malet.com/tort.htm
(527 words)
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| | InsWeb Insurance Glossary Legal Terms |
| | A private wrong, independent of contract and committed against an individual, which gives rise to a legal liability and is adjudicated in a civil court. | | | An individual who goes onto another person's property without any legal right to do so. | | | A tort can be either intentional or unintentional, and it is mainly against liability for unintentional torts that one buys Liability Insurance. |
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http://www.insweb.com/learningcenter/glossary/legal-t.htm
(163 words)
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| | WorldLII - Categories - Countries - Australia - By Subject - Tort |
| | WorldLII >> Categories >> Countries >> Australia >> By Subject >> Tort | | | Provides information about the review by an expert panel to examine the law of negligence, including its interactions with the Trade Practices Act 1974 | | | WorldLII - Categories - Countries - Australia - By Subject - Tort |
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http://www.worldlii.org/catalog/104.html
(205 words)
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| | Amazon.co.uk: Tort: Books |
| | Buy Tort with Contract Law (Palgrave Law Masters S.) today! | | | Great Introduction to the Law of Tort for all Beginners! | | | Tort offers a clear, comprehensive and up-to-date analysis of the major concepts in the law of tort and an outline of the major cases in the field. |
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http://www.amazon.co.uk/exec/obidos/ASIN/0421859806
(729 words)
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| | Tort Reform and New Home Construction Defects |
| | Texans for Lawsuit Reform, the Texas Civil Justice League and the other so-called tort "reform" groups were well armed and heavily financed. | | | "I think it's clear that one of the things that must occur is some tort reform dealing with these unscrupulous lawyers, these mold remediators, these public adjusters," said [Governor Rick] Perry | | | Jul 8 2002 "Leaky Weekleys" Moldy 'Lemon' Homes Denied Day In Court Weekley Boys Privatize the 'Justice' System. |
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http://www.hobb.org/tortreform.shtml
(1892 words)
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| | Intentional Tort Encyclopedia Article, Information, History and Biography @ ArtOfTexas.com |
| | An intentional tort is a category of torts that describes a civil wrong resulting from an intentional act on the part of the tortfeasor. | | | The level of intent required to render a party liable for an intentional tort has been described as "substantial certainty" that the result would occur. | | | Find More Information about "Intentional tort" in ArtOfTexas.com's: |
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http://artoftexas.com/encyclopedia/Intentional_tort
(184 words)
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| | FindLaw Legal News: Tort |
| | ABA Tort and Insurance Practice Section National professional group bringing together plaintiffs attorneys, defense attorneys and insurance company counsel for the exchange of information and ideas. | | | Legal Information Institute: Torts From Cornell Law School | | | ABA/TIPS Fidelity & Surety Law Committee Site includes summaries of recent cases of note, articles, and practice tips as well as information about the committee. |
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http://news.findlaw.com/legalnews/us/tort
(527 words)
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| | Amazon.ca: Tort: Search Results Books |
| | Hepple, Howarth and Matthews' Tort: Cases and Materials | | | Dark Tort: A Novel of Suspense -- by Diane Mott Davidson (Author) | | | Torture As Tort -- by Craig Scott (Author) |
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http://www.amazon.ca/exec/obidos/external-search?tag=bookstore0e86-20&keyword=Tort&mode=books
(171 words)
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| | Guide To Tort Law |
| | This section focuses on the law of torts. | | | American Bar Association Section of Tort and Insurance Practice. | | | 28 U.S.C., Chapter 171 - Federal Torts Claim Act |
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http://www.hg.org/torts.html
(145 words)
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| | Tort Reform |
| | Finally, we have documented the failure of tort reform to decrease automobile insurance premiums in our report Texas Automobile Insurance Profitability, 1990 to 1997. | | | In 1996,1997 and 1998, the Texas Commissioner of Insurance touted huge consumer savings from the 1995 so-called tort reform legislation. | | | Our Fact vs. Fiction Report makes recommendations to Texas Commissioner Montemayor to tell consumers the truth about tort reform. |
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http://www.cej-online.org/tortrefo.php
(133 words)
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