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The Case Against the Guest Statute
William & Mary Law Review Volume 7 (1966) Issue 2 Article 10 May 1966 The Case Against the Guest Statute O. Forrest Morgan Jr. Follow this and additional works at: https://scholarship.law.wm.edu/wmlr Part of the Transportation Law Commons Repository Citation O. Forrest Morgan Jr., The Case Against the Guest Statute, 7 Wm. & Mary L. Rev. 321 (1966), https://scholarship.law.wm.edu/wmlr/vol7/iss2/10 Copyright c 1966 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmlr THE CASE AGAINST THE GUEST STATUTE INTRODUCTION Lawes were not made for their own sakes, but for the sake of those who were to be guided by them; and though it is true they are and ought to be sacred, yet, if they be or are become unuseful for their end, they must either be amended if it may be, or new lawes be substituted.' During the late 1920's and early 1930's a number of American states enacted what have come to be called automobile "guest statutes" These acts provide essentially that in order for a guest passenger in an automobile to recover against the driver for injuries, sustained while riding in the vehicle, he must prove the operator negligent to some specified degree above and beyond what is termed "ordinary negli- gence." 3 The statute usually requires a showing of wantoness, will- fulness or gross negligence. In essence this legislation serves simply to relieve the driver of his duty of reasonable care for the safety of his fellow man. -
Recent Cases
Vanderbilt Law Review Volume 26 Issue 2 Issue 2 - March 1973 Article 4 3-1973 Recent Cases Law Review Staff Follow this and additional works at: https://scholarship.law.vanderbilt.edu/vlr Part of the Constitutional Law Commons, First Amendment Commons, Property Law and Real Estate Commons, and the Torts Commons Recommended Citation Law Review Staff, Recent Cases, 26 Vanderbilt Law Review 340 (1973) Available at: https://scholarship.law.vanderbilt.edu/vlr/vol26/iss2/4 This Note is brought to you for free and open access by Scholarship@Vanderbilt Law. It has been accepted for inclusion in Vanderbilt Law Review by an authorized editor of Scholarship@Vanderbilt Law. For more information, please contact [email protected]. RECENT CASES Conflict of Laws-Torts-Lex Loci Delicti Is Proper Law When Parties Are Domiciled in Different Juris- dictions Unless Displacing That Law Advances Forum State's Substantive Law Purposes Without Impeding Interstate Relations or Predictability of Result Plaintiff, an Ontario domiciliary, brought an action in New York for the wrongful death of her husband, also a domiciliary of Ontario, who was killed in a collision in that province' while a passenger in an automobile driven by defendant's2 intestate, a New York domiciliary.3 Defendant pleaded as an affirmative defense the Ontario guest statute, 4 which restricts a guest's recovery to damages for injuries sustained only as a result of his host's gross negligence. Plaintiff argued that because it conflicted with the policy of the New York guest statute,5 the Ontario statute was inapplicable, and moved to dismiss the defense. -
Symposium: Introduction: Genuine Tort Reform
Roger Williams University Law Review Volume 13 Issue 1 Vol. 13: No. 1 (Winter 2008) - Article 1 Symposium: Genuine Tort Reform Winter 2008 Symposium: Introduction: Genuine Tort Reform Carl T. Bogus Roger Williams University School of Law Follow this and additional works at: https://docs.rwu.edu/rwu_LR Part of the Law Commons Recommended Citation Bogus, Carl T. (2008) "Symposium: Introduction: Genuine Tort Reform," Roger Williams University Law Review: Vol. 13 : Iss. 1 , Article 1. Available at: https://docs.rwu.edu/rwu_LR/vol13/iss1/1 This Symposia is brought to you for free and open access by the School of Law at DOCS@RWU. It has been accepted for inclusion in Roger Williams University Law Review by an authorized editor of DOCS@RWU. For more information, please contact [email protected]. Symposium Introduction: Genuine Tort Reform Carl T. Bogus* I am not sure who coined the term "tort reform," but as far as I know it was first used in 1974 in a student article published by the UCLA Law Review. 1 That article was very much a Sixties piece. The author praised Justice Roger Traynor and the California Supreme Court for their leadership in "placing tort liability on the party who is best able to spread the risk of loss." She continued: Though judicial activism is generally regarded by traditional legal process scholars as undesirable, in tort law, it appears to be an appropriate fulfillment of the historical function of the common law-to meld the precedents of the past and needs and concerns of the present. 2 For nearly a decade thereafter, "tort reform" was still occasionally used to refer to efforts to make the tort system more dynamic by making it easier for victims to hold accountable 3 wrongdoers and those who were in a position to prevent harm. -
Capacity of Minors to Be Chargeable with Negligence and Their Ts Andard of Care T
Nebraska Law Review Volume 57 | Issue 3 Article 7 1978 Capacity of Minors to Be Chargeable with Negligence and Their tS andard of Care T. Edward Icenogle University of Nebraska College of Law, [email protected] Follow this and additional works at: https://digitalcommons.unl.edu/nlr Recommended Citation T. Edward Icenogle, Capacity of Minors to Be Chargeable with Negligence and Their Standard of Care, 57 Neb. L. Rev. 763 (1978) Available at: https://digitalcommons.unl.edu/nlr/vol57/iss3/7 This Article is brought to you for free and open access by the Law, College of at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Nebraska Law Review by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. Comment Capacity of Minors to be Chargeable with Negligence And Their Standard of Care The infant is favored by the law not so much on his lack of knowledge as because1 of indiscretion,imprudence, lack of judgment, and impul- siveness. I. INTRODUCTION Nebraska law, like that of other American jurisdictions, be- stows considerable favoritism upon children. Although a minor, like an adult, may sue2 or be sued, 3 the minor is the subject of legal favoritism predicated on the disability of infancy which has long been recognized at common law.4 This favoritism is obvious in the special treatment accorded youthful criminal offenders; 5 in contract law, under which the contracts of minors are in some cases voidable; 6 in the law of intentional tort;7 and in the law of negligent tort.8 It is the last of these examples of favoritism-the special consideration given minors in the law of negligence-which is the topic of this comment. -
MASS TORTS at the NEUTRAL FORUM: a CRITICAL ANALYSIS of the ALI’S PROPOSED CHOICE RULE 56 Albany L
MASS TORTS AT THE NEUTRAL FORUM: A CRITICAL ANALYSIS OF THE ALI’S PROPOSED CHOICE RULE 56 Albany L. Rev. 807 (1993) * Louise Weinberg TABLE OF CONTENTS I. INTRODUCTORY..........................................................809 A. Conflict, crisis, and confusion at the ALI....................809 A motion is defeated....................................................809 The policy problem......................................................811 The irrationality problem.............................................811 B. The proposed liability choice rule for mass tort ........812 The problem of mass litigation disaster in mass disaster litigation......................................................812 The neutral forum and the choice-of-law process .......813 The draft liability choice rule: Its setting ....................814 The draft liability choice rule: Its shape ......................814 II. A CRITIQUE FROM POLICY........................................816 A. Policy at the neutral mass tort forum.........................816 Whatever happened to policy?....................................816 A positivist’s question: Whose policy?......................817 B. National policy and the remedial choice....................818 What is national policy in mass tort cases? .................818 National conflicts policy..............................................819 The defense bias of “neutral” choice rules..................819 The defense bias of “neutral” choice rules..................819 The problem of the impolitic or dangerous choice......822 -
Constitutional Law
Catholic University Law Review Volume 23 Issue 2 Winter 1973 Article 10 1973 Constitutional Law Joel Cooperrider Follow this and additional works at: https://scholarship.law.edu/lawreview Recommended Citation Joel Cooperrider, Constitutional Law, 23 Cath. U. L. Rev. 389 (1974). Available at: https://scholarship.law.edu/lawreview/vol23/iss2/10 This Notes is brought to you for free and open access by CUA Law Scholarship Repository. It has been accepted for inclusion in Catholic University Law Review by an authorized editor of CUA Law Scholarship Repository. For more information, please contact [email protected]. CASENOTES CONSTITUTIONAL LAW-Equal Protection-Disparate Statu- tory Sentencing Schemes for Males and Females Declared Un- constitutional. State v. Chambers, 63 N.J. 287, 307 A.2d 78 (1973). The past decade has been witness to a rapidly mushrooming concern about the inequitable treatment of women before the law. Even the Supreme Court has evinced tacit recognition of this fact.' While sex discrimination seems pervasive throughout our society, the discrimination evidenced by the differential sentencing of male and female criminal offenders presents a particularly egregious example. Disparate sentencing procedures in New Jersey were declared unconstitu- tionally void in State v. Chambers,2 where female defendants had been sentenced for indeterminate terms in the Correctional Institution for Women at Clinton." New Jersey's statutory scheme provided for the sentencing of 1. Reed v. Reed, 404 U.S. 71 (1971); Frontiero v. Richardson, 411 U.S. 677 (1973). 2. 63 N.J. 287, 307 A.2d 78 (1973). Six cases were consolidated on appeal. All six female defendants either pleaded guilty or were tried and found guilty of gambling offenses. -
Lapses of Attention in Medical Malpractice and Road Accidents Robert D
University of Chicago Law School Chicago Unbound Coase-Sandor Working Paper Series in Law and Coase-Sandor Institute for Law and Economics Economics 2014 Lapses of Attention in Medical Malpractice and Road Accidents Robert D. Cooter Ariel Porat Follow this and additional works at: https://chicagounbound.uchicago.edu/law_and_economics Part of the Law Commons Recommended Citation Robert D. Cooter & Ariel Porat, "Lapses of Attention in Medical Malpractice and Road Accidents" (Coase-Sandor Institute for Law & Economics Working Paper No. 690, 2014). This Working Paper is brought to you for free and open access by the Coase-Sandor Institute for Law and Economics at Chicago Unbound. It has been accepted for inclusion in Coase-Sandor Working Paper Series in Law and Economics by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. CHICAGO COASE-SANDOR INSTITUTE FOR LAW AND ECONOMICS WORKING PAPER NO. 690 (2D SERIES) Lapses of Attention in Medical Malpractice and Road Accidents Robert Cooter and Ariel Porat THE LAW SCHOOL THE UNIVERSITY OF CHICAGO June 2014 This paper can be downloaded without charge at: The University of Chicago, Institute for Law and Economics Working Paper Series Index: http://www.law.uchicago.edu/Lawecon/index.html and at the Social Science Research Network Electronic Paper Collection. Electronic copy available at: http://ssrn.com/abstract=2455828 329 Lapses of Attention in Medical Malpractice and Road Accidents Robert Cooter and Ariel Porat* A doctor who lapses and injures her patient, and a driver who lapses and causes an accident, are liable under negligence law for the harm done. -
No-Fault Automobile Insurance and the Conflict of Lawsâ•Flcutting The
3Duke law 3ounat VOLUME 1972 JUNE NUMBER 2 NO-FAULT AUTOMOBILE INSURANCE AND THE CONFLICT OF LAWS-CUTTING THE GORDIAN KNOT HOME-STYLE P. JOHN KOZYRIS* The system of reparations for losses caused by automobiles is undergoing a fundamental reevaluation in the United States. Oppo- nents of the traditional tort approach, which places the loss on the shoulders of negligent drivers and their insurers, have demonstrated rather convincingly that it is wasteful, inadequate and anachronistic. It is wasteful because an inordinate amount of time, effort and money is expended in the disposition of claims which results in the clogging of courts and reduction of ultimate recoveries; inadequate because many injured persons remain uncompensated on the theory that they were negligent or contributorily negligent, and because compensation is too often delayed or inequitably distributed; and anachronistic because it is based upon fault principles when it is becoming increas- ingly apparent that a large proportion of accidents are due to the inherent risks of driving rather than individual fault.' * J.D. 1960, Cornell University; Visiting Professor of Law, Duke University, 1971-72; Professor of Law, College of Law, Ohio State University. The author gratefully acknowledges the valuable research assistance of D. Todd Christoffer- son, a third-year student at the Duke University School of Law. 1. See U.S. Dep't of Transportation, Motor Vehicle Crash Losses and Their Compensation in the United States 94-100 (1971). This is the final report following a comprehensive two-year study of the problem undertaken by the Dep't of Transportation, pursuant to J. RES. -
Treatment of Guest Passengers: Georgia Maintains Its Minority Rule
Treatment of Guest Passengers: Georgia Maintains Its Minority Rule I. THE RISE AND FALL OF GUEST STATUTES A. Development Since the advent of the automobile, approximately half of the states have adopted guest statutes1 or guest rules." These statutes and rules 1. Twenty-nine states have had guest statutes at one time since the first one was passed in 1927. ALA. CODE § 32-1-2 (1975); ARK. STAT. ANN. § 75-913 (1979); CAL. VEH. CODE § 17158 (West 1971) (declared unconstitutional in Brown v. Merlo, 8 Cal. 3d 855, 506 P.2d 212, 106 Cal. Rptr. 388 (1973), and amended in 1973 to delete application of section to guests); COLO. REV. STAT. § 42-9-101 (1973) (repealed 1975); 1927 Conn. Pub. Acts 4404 (1927) (repealed 1937); DEL. CODE ANN. tit. 21, § 6101 (1979); FLA. STAT. ANN. § 320.59 (1978) (repealed 1972); IDAHO CODE § 49-1401 (1967) (declared unconstitutional in Thomp- son v. Hagan, 96 Idaho 19, 523 P.2d 1365 (1974)); ILL. ANN. STAT. ch. 95 /2, § 10-201 '(Smith-Hurd 1971) (restricted to hitchhikers by 1971 amendment); IND. CODE ANN. § 9-3-3- 1 (Burns 1973); IOWA CODE ANN. § 321.494 (West Supp. 1979); KAN. STAT. ANN. § 8-122b (1975) (repealed 1974, as well as declared unconstitutional in Henry v. Bauder, 213 Kan. 751, 518 P.2d 362 (1974)); 1930 Ky. Acts. ch. 85 (declared unconstitutional in 1932 in Lud- wig v. Johnson, 243 Ky. 533, 49 S.W.2d 347 (1932)); MIcH. CoMP. LAWS ANN. § 257.401 (1977) (guest passenger exception declared unconstitutional in Manistee Bank & Trust Co. v. -
Sample MBE II
SampleMBEII.qxp 1/29/2010 10:05 AM Page 1 Sample MBE II July 1991 ® PREFACE The Multistate Bar Examination (MBE) is an objective six-hour examination developed by the National Conference of Bar Examiners (NCBE) that contains 200 questions. It was first administered in February 1972, and is currently a component of the bar examination in most U.S. jurisdictions. From time to time NCBE releases test questions to acquaint test- takers with authentic test materials. This publication consists of the actual 200-item, multiple-choice test that was administered nationally in July 1991. The July 1991 MBE consisted of questions in the following areas: Constitutional Law, Contracts, Criminal Law and Procedure, Evidence, Real Property, and Torts. Applicants were directed to choose the best answer from four stated alternatives. The purpose of this publication is to familiarize you with the format and nature of MBE questions. The questions in this publication should not be used for substantive preparation for the MBE. Because of changes in the law since the time the examination was administered, the questions and their keys may no longer be current. The editorial style of questions may have changed over time as well. Applicants are encouraged to use as additional study aids the MBE Online Practice Exams 1 and 2 (MBE OPE 1 and OPE 2), both available for purchase online at www.ncbex2.org/catalog. These study aids, which include explanations for each option selected, contain questions from more recently administered MBEs that more accurately represent the current content and format of the MBE. If you use the questions in this publication as a practice exam, you should not rely on your raw score to identify how well you are doing. -
Elaine Hanson Noble V. V. Glen Noble : Brief of Respondent Utah Supreme Court
Brigham Young University Law School BYU Law Digital Commons Utah Supreme Court Briefs 1986 Elaine Hanson Noble v. V. Glen Noble : Brief of Respondent Utah Supreme Court Follow this and additional works at: https://digitalcommons.law.byu.edu/byu_sc1 Part of the Law Commons Original Brief Submitted to the Utah Supreme Court; digitized by the Howard W. Hunter Law Library, J. Reuben Clark Law School, Brigham Young University, Provo, Utah; machine-generated OCR, may contain errors. Jackson B. Howard; Howard, Lewis & Petersen; Raymond M. Berry, Richard A. Van Wagoner; Snow, Christensen & Martineau; Attorneys for Defendant. W. Eugen Hansen; Hansen & Dewsnup; Attorneys for Plaintiff. Recommended Citation Brief of Respondent, Noble v. Noble, No. 198620401.00 (Utah Supreme Court, 1986). https://digitalcommons.law.byu.edu/byu_sc1/1347 This Brief of Respondent is brought to you for free and open access by BYU Law Digital Commons. It has been accepted for inclusion in Utah Supreme Court Briefs by an authorized administrator of BYU Law Digital Commons. Policies regarding these Utah briefs are available at http://digitalcommons.law.byu.edu/utah_court_briefs/policies.html. Please contact the Repository Manager at [email protected] with questions or feedback. '_>**• 4 **»& , fAH /5. K r9 ^ww*\*~ fflfe IN THE SUPREME COURT OF THE STATE OF UTAH ELAINE HANSON NOBLE, Plaintiff/Appellant, vs. Case No. 20401 V. GLEN NOBLE, Defendant/Respondent RESPONDENT'S SUPPLEMENTAL BRIEF W. EUGENE HANSEN JACKSON HOWARD HANSEN & DEWSNUP HOWARD, LEWIS & PETERSEN 2020 Beneficial Life Tower 120 East 300 North 36 South State Street Provo, Utah 84603 Salt Lake City, Utah 84111 Attorneys for Defendant/Respondent Attorneys for Plaintiff/ Appellant RAYMOND M. -
SMU Law Review
SMU Law Review Volume 8 Issue 3 Survey of Southwestern Law for 1953 Article 13 1954 Torts Hubert Jr. Gentry Follow this and additional works at: https://scholar.smu.edu/smulr Recommended Citation Hubert Jr. Gentry, Torts, 8 SW L.J. 354 (1954) https://scholar.smu.edu/smulr/vol8/iss3/13 This Article is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in SMU Law Review by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. SOUTHWESTERN LAW JOURNAL [Vol. 8 TORTS WRONGFUL DEATH STATUTE - CONTRIBUTORY NEGLIGENCE AS A DEFENSE New Mexico. Le Doux v. Martinez' called for a construction of the New Mexico wrongful death statute with regard to de- fenses which might be interposed to an action based thereon. A child two years and eight months of age had attempted to cross a street in the middle of a block and had been struck and killed by a taxicab driven by an agent of the defendant. The child was, at the time, in the care and custody of an uncle. As a first separate defense the taxi company pleaded the contributory negligence of the plaintiffs in permitting the child on the street at the time and place of the accident, and as a second separate defense pleaded the contributory negligence of the child. The statute to be construed is in part as follows: Whenever any person shall die from any injury resulting from, or occasioned by the negligence, unskillfulness or criminal intent of any officer, agent, servant or employee ..