General Introduction
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
THE ORIGINS of the ACTION of TRESPASS on the CASE ELIZABETH JEAN Dixt
THE ORIGINS OF THE ACTION OF TRESPASS ON THE CASE ELIZABETH JEAN DIXt \\ITHINT THE last decade the origins of the action of trespass on the case have become a controversial subject arousing interest among lawyers and historians as well as among those more specialized hybrids, legal historians. At the beginning of this century no one questioned the theory of the origins of the action proposed by Ames, Holmes, Holdsworth, Salmond and others.' It was generally believed by these writers that the action of trespass on the case was a direct derivative from the well known in consimili casu clause of Edward I's Statute of 1285, West- minster II, chapter 24. Behind this belief was the support of older writers, Chitty, Reeves, Stephen and Blackstone,2 confirming beyond doubt the relationship between the action of case and Westminster II. In the course of the last thirty years, however, attention has been directed to flaws in the generally accepted theory of the origin of case. The objections were strongly voiced several years ago by Mr. Theodore F. T. Plucknett, who concluded from his study that the background, content and results of the Statute of Westminster II, and particularly of the in consimili casu clause, indicated that the action of case had no connection with the Statute.' There are two sides to the present controversy: one is represented by Mr. Plucknett himself; the other is represented by Sir William Holds- worth4 and his associate at Oxford, Mr. P. A. Landon.5 In support I Ph.D., Yale University, 1936. This article is part of a dissertation presented for the degree of Doctor of Philosophy in Yale University, June, 1936. -
Comparison of the Actions of Trespass and Trover Alfred Paul Newton Cornell Law School
Cornell Law Library Scholarship@Cornell Law: A Digital Repository Historical Theses and Dissertations Collection Historical Cornell Law School 1896 Comparison of the Actions of Trespass and Trover Alfred Paul Newton Cornell Law School Follow this and additional works at: http://scholarship.law.cornell.edu/historical_theses Part of the Law Commons Recommended Citation Newton, Alfred Paul, "Comparison of the Actions of Trespass and Trover" (1896). Historical Theses and Dissertations Collection. Paper 315. This Thesis is brought to you for free and open access by the Historical Cornell Law School at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Historical Theses and Dissertations Collection by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. COMPARISON OF THE ACTIONS OF TRESPASS AND TROVER, A THE SI S By, Alfred Paul Newton, Submitted for the Degree of Bachelor of Laws. Cornell University,...1896. COMPRISON OF TIE ACTIONS OF TRESPASS AND TROVER. I N T R 0 D U C T I 0 N. In an essay of this kind,which must necessa- rily be somewhat limited i# scope, it would be inex- pedient to endeavor to cover the whole field of the law of trespass or of trover, therefore the writer has di- rected his attention to the salient characteristics of each action, to those points which are most import- ant and interesting,not only from their prominence,but also from the fact that they are somewhat unsettled. It is the purpose of the writer to present a comparison of the modern actions of trespass and tro- ver as they now exist ,the distinction abolished in form, but still having some influence on the Imr and practice. -
[2019] JMSC Civ 224
[2019] JMSC Civ 224 IN THE SUPREME COURT OF JUDICATURE OF JAMAICA IN CIVIL DIVISION CLAIM NO. 2012 HCV 05573 BETWEEN AB (A Minor) CLAIMANT (Who sues by her Mother and Next Friend) AND THE ATTORNEY GENERAL DEFENDANT FOR JAMAICA IN CHAMBERS Miss Catherine Minto instructed by Messrs. Nunes, Scholefield, DeLeon & Company for the Claimant Miss Tamara Dickens instructed by the Director of State Proceedings for the Defendant Heard: October 14, 15, 16, November 26 and December 10, 2019 Negligence – Action upon the case – Limitation – Whether action statute-barred – Application to amend pleadings – Whether in interests of justice amendments should be allowed – Evidence – Expert witness – Application to rely upon expert evidence – Content of expert witness’s report – Limitation of Actions Act, 1881, section 46, Limitation Act, 21 Ja. I, c. 16, sections 3 and 7, Civil Procedure Rules, 2002, rules 11.6(1), 20.1, 20.4, 20.6, 32.2, 32.3, 32.4(2), 32.6(1), 32.12 and 32.13(3)(a), (b) and (c) 2 A. NEMBHARD, J INTRODUCTION [1] By way of an oral application, the minor Claimant seeks the following relief: - (1) That she be permitted to amend her statement of case; (2) That Dr. Kai A.D. Morgan be certified or appointed an expert witness for the hearing of the Assessment of Damages; and (3) That permission be granted for the final report of Dr. Kai A.D. Morgan, dated 20 April 2019 and filed on 9 July 2019, to be tendered in evidence at the hearing of the Assessment of Damages. -
Tort Law Inside out Abstract
CRISTINA CARMODY TILLEY Tort Law Inside Out abstract. For more than a century, scholars have been looking at tort law from the outside in. Theorists committed to external goals like efficient allocation of resources or moral justice have treated tort as a mere vehicle for the achievement of their policy preferences, rather than as a body of law with a discernible internal purpose. It is time to revisit tort on its own terms. This Article takes its cue from the New Doctrinalists, who urge that extralegal normative insights from fields such as economics or philosophy aid adjudication only when they are directly tethered to legal concepts; that is, to doctrine. Scrutinizing tort doctrine yields a surprising in- sight: tort law is not primarily concerned with efficiency or morality, as the instrumentalists have long contended, but with community. A linguistic study of the Restatement of Torts reveals that doctrine alludes to community more frequently and more comprehensively than it does to any other justificatory concept. Specifically, throughout the Restatement’s discussion of negligence, strict liability, and intentional wrongs, doctrine disfavors stating interpersonal duties in positive terms, preferring to let them float with community values. Consequently, tort operates as a vehi- cle through which communities perpetually reexamine and communicate their values, encourag- ing individuals to coordinate private relationships without undue state involvement. Tort law’s stated goal is to construct community. Moreover, tort doctrine acknowledges that two distinct kinds of community—closed and open—can generate the values that govern resolu- tion of interpersonal disputes. Accordingly, tort doctrine embeds a choice between the morality norms of traditional, closed communities and the efficiency norms of the modern, open commu- nity, depending on whether the dispute is local or national in scope. -
Legal Terminology Definitions Latin Terms
Legal Terminology Definitions Latin Terms: a fortiori - With stronger reason a priori - From the cause to the effect ab initio - From the beginning actiones in personam - Personal actions ad curiam - Before a court; to court ad damnum clause - To the damage, clause in a complaint stating monetary loss ad faciendum - To do ad hoc - For this purpose or occasion ad litem - For this suit or litigation ad rem - To the thing at hand ad valorem - According to the value adversus - Against aggregatio menium - Contractual meeting of the minds alias dictus - An assumed name alibi - In another place, elsewhere aliunde - From another place, from without (as in evidence outside the document) alter ego - The other self amicus curiae - “friend of the court” brief animo - With intention, disposit ion, design or will animus - Mind or intention ante litem motam - before the suit or before litigation is filed arguendo - In the course of an argument assumpsit - He undertook or promised bona fide - Good faith capias - Take, arrest captia - Persons, or heads causa mortis - By reason of death caveat - Beware, a warning caveat emptor - “Let the buyer beware” certiorari - “send the pleadings up”, indicating a discretionary review process Cestui - Beneficiaries Cestui que trust - Beneficiaries of a trust circa - In the area of, about or concerning compos mentis - Of sound mind consortium - The conjugal fellowship of husband and wife contra - Against coram nobis - Before us ourselves corpus - Body corpus delicti - Body of the offense cum testamento annexo - “With -
AND TRESPASS the Office of Justice of the Peace Is a Most Ancient and Honorable One
Volume 29 Issue 1 4-1925 Dickinson Law Review - Volume 29, Issue 7 Follow this and additional works at: https://ideas.dickinsonlaw.psu.edu/dlra Recommended Citation Dickinson Law Review - Volume 29, Issue 7, 29 DICK. L. REV. 201 (). Available at: https://ideas.dickinsonlaw.psu.edu/dlra/vol29/iss1/7 This Article is brought to you for free and open access by the Law Reviews at Dickinson Law IDEAS. It has been accepted for inclusion in Dickinson Law Review by an authorized editor of Dickinson Law IDEAS. For more information, please contact [email protected]. Dickinson Law Review Vol. XXIX April 1925 No. 7 DDITOR-I-CHIEF BUSINESS MANAGER Harold S. Irwin Regis T. Alutzabaugh, ASSOCIATE EDITORS: ASSO. BUSINESS MGRS. Robert W. Trembath, D. Edward Chaplin, Abraham Einhorn. Sydney M&.Lillenfeld, Barnet Lieberman. John B. Baratta, Joseph P. Hoerle. Cornelius P. Mundy, Frederick J. Templeton, Linn H. Schantz, Robert Madore. Ellis L. Gottlieb. SUBSCRIPTION PRICE, $1.50 PER YEAR THE JUSTICE OF THE PEACE AND TRESPASS The office of Justice of the Peace is a most ancient and honorable one. Its history can be traced to remote per- iods of antiquity. In the early periods of English history the officers were called Conservators of the Peace and War- dens of the Peace. They were common law officers who, as their titles suggest, were peace officers and responsible for the preservation of the peace and tranquility of the com- munities in which they resided. The Statute of 1 Edward III is probably the first statute recognizing the office. The unsettled condition of the country at that time made neces- sary increased precaution against violence and riots and was a substantial reason for the passage of the act, which from that time placed the control of these officers in the hands of the Crown by whom they were commissioned. -
Two Conceptions of Tort Damages: Fair V. Full Compensation
DePaul Law Review Volume 55 Issue 2 Winter 2006: Symposium - Who Feels their Pain? The Challenge of Noneconomic Article 8 Damages in Civil Litigation Two Conceptions of Tort Damages: Fair v. Full Compensation John C.P. Goldberg Follow this and additional works at: https://via.library.depaul.edu/law-review Recommended Citation John C. Goldberg, Two Conceptions of Tort Damages: Fair v. Full Compensation , 55 DePaul L. Rev. 435 (2006) Available at: https://via.library.depaul.edu/law-review/vol55/iss2/8 This Article is brought to you for free and open access by the College of Law at Via Sapientiae. It has been accepted for inclusion in DePaul Law Review by an authorized editor of Via Sapientiae. For more information, please contact [email protected]. TWO CONCEPTIONS OF TORT DAMAGES: FAIR V. FULL COMPENSATION John C. P. Goldberg* INTRODUCTION A conference devoted to the subject of noneconomic damages in- vites us to consider the broader question of what, in principle, a dam- ages award in a tort case is meant to accomplish.' On its face, that question seems easily answered. The point of tort damages is to com- pensate, to restore the status quo ante, to make the plaintiff whole. Among modern torts scholars, these stock phrases tend to be under- stood as different ways of saying that the immediate purpose of a tort suit is to compensate the victim with an amount of money equal to the losses suffered because of the tort. The Harper and James treatise nicely conveys this point: "The cardinal principle of damages in An- glo-American law is that of compensation for the injury caused to the plaintiff by defendant's breach of duty" where compensation consists of "repairing plaintiff's injury or ..