DOCSLIB.ORG

Overview of Tort Law

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Overview of Tort Law CHAPTER 1 Overview of Tort Law ANSWERS TO OVERVIEW QUESTIONS 1. The burden of injury should be borne by those who create the risks rather than by those who fall prey to them. a. The court system has become too paternalistic in its effort to protect individuals and the people should bear the consequences of their decisions. Life comes with no guarantees and it is not the place of the court to try to guarantee it. 2. A tort is a civil wrong for which damages can be awarded. 3. a. intentional b. negligence c. strict liability 4. It is a subjective standard and must be determined on a case-by-case basis. Everyone’s idea of what is reasonable is different. 5. Product liability cases because of the social consequences of manufacturing and selling a defective product can be so great. 6. Justice, fairness, and equality. 7. Because our judicial system is based on a system of precedent, meaning that every decision rendered today may be followed tomorrow by another court. Therefore, people have an interest in seeing that disputes between litigants are resolved in such a manner that the principles set forth in that process are fair and just for all concerned. One never knows when one may just have to rely on precedent. a. Because individuals’ beliefs can vary greatly and sometimes what is legal can still be reprehensible and go unpunished. Therefore, there is no real way to objectively consider social interests. The court system should not step in and impose its will on people when it comes to such a highly subjective area. 8. Tort law borrows heavily from it because we all have some basic sense of what is right and wrong. 9. The allowance of an argument in one case will allow the application of that same argument in innumerable other cases and maybe not in an undesirable way. Therefore, its application in the current situation in the current time may be good, but applied as precedent may lead to unintentional negative consequences. a. A judge rules that it was reasonable for a man to speed through town to get his daughter to first grade because if she were late, she would have been expelled from school. This standard as set up would allow the next man who speeds through town, for fear of being late to work and losing his job, and hits someone to escape liability because the precedent stated that fear of being late and facing a negative consequence can eliminate liability. While some may think that the first example was acceptable because a poor little first grader was going to suffer and no one got hurt, the second scenario used that precedent, even though most people would not like the outcome. b. The courts cannot just determine cases as they are presented to them. They must also carefully set up the ruling with its effect on future cases as well. Each case is not decided in a vacuum. 10. Largely case law and some statutes where gaps in case law exist. a. A publication by legal scholars and practitioners in an attempt to provide lawyers and judges with legal principles of tort law generally accepted by the legal community. While not a primary authority initially, many jurisdictions have adopted it and use it in case opinions. © 2009 Delmar, Cengage Learning. All Rights Reserved. 53 54, Chapter 1 11. a. purpose b. standard of proof c. interests violated d. procedural rules 12. a. In a contract, two people voluntarily enter into the agreement to set up certain rights and obligations. Whereas in tort law, duties are imposed without express consent or awareness of those involved. b. In a contract, the duties imposed are made to specific individuals and not to society as a whole. In tort law, these duties extend to society as a whole. 13. This system required that a clan go to war against any outsider who inflicted harm on a clan member, thereby dishonoring the clan as a whole. Atonement for the humiliation suffered by the victim’s kin was the primary goal. This was often very bloody and the clans attempted to create a forum where the parties’ grievances could be heard. Community members gave advice on how it should be handled. a. Instead of a feud, the Anglo-Saxons set up a system where the victim would be compensated financially for the damage. The compensation was given directly to the clan and the damages were distributed to the injured party’s family. There was no difference between a crime or a tort and no concern was given for fault. b. This was a forum set up by the clans whereby members of the community listened to each party’s side and offered them suggestions of how best to solve the problem. 14. This evolved out of a belief that certain fundamental rules did exist. This was basically a crime that dealt with serious and forcible breaches of peace. a. Force and arms. The plaintiff had to show that the defendant used force directly on the plaintiff’s person or property. 15. This was created for cases when the injured occurred without the defendant using force directly. In this case, the plaintiff need only show that he suffered some damage because of the defendant’s wrongful intent or negligence. a. In an action in trespass, damages were presumed and the plaintiff had to show that the defendant directly used force on him. There was also no need to show fault. In trespass on the case, the plaintiff had to prove that he suffered some damage by the defendant’s indirect actions of being negligent. 16. As society changed, negligence emerged and the trespass actions dissolved. A few states still have some aspects of it in their common law. 17. Since people are more mobile, courts were faced with more traffic-related cases. Since the courts were biased in favor of the victim, the fear was that this would make people fearful of using the public highways. Therefore, in an effort to encourage travel, negligence was created as a compromise. With this, victims were still given protection when a defendant acted unreasonably, but defendants would be protected from out of control suits that were biased in favor of the victim. 18. Initially, in Anglo-Saxon times, there was no need to prove fault and thus a strict liability standard was created. Over time, strict liability lost favor and negligence reigned supreme. However, today, many forms of strict liability are reemerging in the areas of product liability and workers’ compensation. a. People think that tort law is a way to equitably distribute losses on society in a peaceful manner. Therefore, tort law became more of a means of creating social justice. b. It is always best to understand how the laws were created to understand the intent behind them and to help one use them for the future. ANSWERS TO REVIEW QUESTIONS 1. Damages should be borne, ultimately, by the person most responsible for causing the damages. When no one is to blame, in other words, when no one can be shown to have caused then damages, it is difficult to then just make someone arbitrarily pay them. Life is not fair, sometimes bad things happen, and sometimes a person gets hurt. If no one is to blame, then it is equally unfair to pin that arbitrarily on another person simply because he is able to pay. Therefore, in a situation where no one is to blame, and the victim cannot show that anyone in society was the cause of his injury, the victim should pay. a. If both the victim and the defendant are to blame for the victim’s injuries, damages should be apportioned according to the amount of fault each party has. For example, if the victim was 50% responsible for his own injuries, then the defendant should only have to compensate the victim for the 50% of injuries that he caused. The defendant should not have to bear the burden for the plaintiff’s role in her own injuries. © 2009 Delmar, Cengage Learning. All Rights Reserved Overview of Tort Law, 55 2. The courts look at the reasonableness of the defendant’s actions and the foreseeability of the potential injuries occurring. Also, courts look to see who is at fault and what societal interest, such as justice, fairness, and protection, are best served when deciding a case. And, finally, courts must determine how the precedent set in the current case will affect others in future cases according to the slippery-slope analogy. 3. Tort law differs from criminal law in that the purpose of torts is to compensate the victim. The focus of criminal law is to punish the wrongdoer and to deter others from engaging in similar conduct in the future. In torts, the standard of proof is preponderance of the evidence, whereas in crimes, it is a much higher, much more complex standard of beyond a reasonable doubt. In torts, the focus is on the individual’s interests in the case and the compensation of those interests. In criminal law, the interests violated are those of society as a whole. The courts focus is on what is good for society rather than what is good for the individual. Finally, in criminal cases, the courts follow the criminal code, and in torts, the courts follow the civil code for procedural matters. Torts differ from contracts in that the duties assigned according to tort law are those imposed by law, whereas those assigned in the context of contracts are by virtue of the party’s consent.
Load more

Recommended publications
  • The Boundaries of Vicarious Liability: an Economic Analysis of the Scope of Employment Rule and Related Legal Doctrines
    University of Chicago Law School Chicago Unbound Journal Articles Faculty Scholarship 1987 The Boundaries of Vicarious Liability: An Economic Analysis of the Scope of Employment Rule and Related Legal Doctrines Alan O. Sykes Follow this and additional works at: https://chicagounbound.uchicago.edu/journal_articles Part of the Law Commons Recommended Citation Alan O. Sykes, "The Boundaries of Vicarious Liability: An Economic Analysis of the Scope of Employment Rule and Related Legal Doctrines," 101 Harvard Law Review 563 (1987). This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. VOLUME 101 JANUARY 1988 NUMBER 3 HARVARD LAW REVIEW1 ARTICLES THE BOUNDARIES OF VICARIOUS LIABILITY: AN ECONOMIC ANALYSIS OF THE SCOPE OF EMPLOYMENT RULE AND RELATED LEGAL DOCTRINES Alan 0. Sykes* 441TICARIOUS liability" may be defined as the imposition of lia- V bility upon one party for a wrong committed by another party.1 One of its most common forms is the imposition of liability on an employer for the wrong of an employee or agent. The imposition of vicarious liability usually depends in part upon the nature of the activity in which the wrong arises. For example, if an employee (or "servant") commits a tort within the ordinary course of business, the employer (or "master") normally incurs vicarious lia- bility under principles of respondeat superior. If the tort arises outside the "scope of employment," however, the employer does not incur liability, absent special circumstances.
    [Show full text]
  • Around Frolic and Detour, a Persistent Problem on the Highway of Torts William A
    Campbell Law Review Volume 19 Article 4 Issue 1 Fall 1996 January 1996 Automobile Insurance Policies Build "Write-Away" Around Frolic and Detour, a Persistent Problem on the Highway of Torts William A. Wines Follow this and additional works at: http://scholarship.law.campbell.edu/clr Part of the Insurance Law Commons Recommended Citation William A. Wines, Automobile Insurance Policies Build "Write-Away" Around Frolic and Detour, a Persistent Problem on the Highway of Torts, 19 Campbell L. Rev. 85 (1996). This Article is brought to you for free and open access by Scholarly Repository @ Campbell University School of Law. It has been accepted for inclusion in Campbell Law Review by an authorized administrator of Scholarly Repository @ Campbell University School of Law. Wines: Automobile Insurance Policies Build "Write-Away" Around Frolic an AUTOMOBILE INSURANCE POLICIES BUILD "WRITE-AWAY" AROUND FROLIC AND DETOUR, A PERSISTENT PROBLEM ON THE HIGHWAY OF TORTS WILLIAM A. WINESt Historians trace the origin of the doctrine of frolic and detour to the pronouncement of Baron Parke in 1834.1 The debate over the wisdom and the theoretical underpinnings of the doctrine seems to have erupted not long after the birth of the doctrine. No less a scholar than Oliver Wendell Holmes, Jr., questioned whether the doctrine was contrary to common sense.2 This doc- trine continued to attract legal scholars who were still debating the underlying policy premises as the doctrine celebrated its ses- quicentennial and headed toward the second century mark.3 However, the main source of cases which test the doctrine, namely automobile accidents, has started to decline, at least insofar as it involves "frolic and detour" questions and thus the impact of this doctrine may becoming minimized.4 t William A.
    [Show full text]
  • Institutional Liability for Employees' Intentional Torts
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by ValpoScholar Valparaiso University Law Review Volume 53 Number 1 pp.1-45 Institutional Liability for Employees’ Intentional Torts: Vicarious Liability as a Quasi-Substitute for Punitive Damages Catherine M. Sharkey Follow this and additional works at: https://scholar.valpo.edu/vulr Part of the Torts Commons Recommended Citation Catherine M. Sharkey, Institutional Liability for Employees’ Intentional Torts: Vicarious Liability as a Quasi- Substitute for Punitive Damages, 53 Val. U. L. Rev. 1 (). Available at: https://scholar.valpo.edu/vulr/vol53/iss1/2 This Article is brought to you for free and open access by the Valparaiso University Law School at ValpoScholar. It has been accepted for inclusion in Valparaiso University Law Review by an authorized administrator of ValpoScholar. For more information, please contact a ValpoScholar staff member at [email protected]. Sharkey: Institutional Liability for Employees’ Intentional Torts: Vicario Articles INSTITUTIONAL LIABILITY FOR EMPLOYEES’ INTENTIONAL TORTS: VICARIOUS LIABILITY AS A QUASI-SUBSTITUTE FOR PUNITIVE DAMAGES Catherine M. Sharkey* Abstract Modern day vicarious liability cases often address the liability of enterprises and institutions whose agents have committed intentional acts. Increasingly, when employers are sued, the line is blurred between the principal’s vicarious liability for its agent’s acts and its own direct liability for hiring and/or failing to supervise or control its agent. From an economic deterrence perspective, the imposition of vicarious liability induces employers to adopt cost-justified preventative measures, including selective hiring and more stringent supervision and discipline, and, in some instances, to truncate the scope of their business activities.
    [Show full text]
  • Respondeat Superior - Master's Liability to Third Persons Injured As a Result of Accepting an Unauthorized Invitation from the Servant
    DePaul Law Review Volume 15 Issue 2 Spring-Summer 1966 Article 16 Agency - Respondeat Superior - Master's Liability to Third Persons Injured as a Result of Accepting an Unauthorized Invitation from the Servant Robert Williams Follow this and additional works at: https://via.library.depaul.edu/law-review Recommended Citation Robert Williams, Agency - Respondeat Superior - Master's Liability to Third Persons Injured as a Result of Accepting an Unauthorized Invitation from the Servant, 15 DePaul L. Rev. 462 (1966) Available at: https://via.library.depaul.edu/law-review/vol15/iss2/16 This Case Notes 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]. CASE NOTES AGENCY-RESPONDEAT SUPERIOR-MASTER'S LIABILITY TO THIRD PERSONS INJURED AS A RESULT OF ACCEPTING AN UNAUTHORIZED INVITATION FROM THE SERVANT The defendant's agent departed from his assigned territory during working hours, driving a company car, which had been furnished by the defendant, to call for his daughter. On the return trip home, approximately three miles from their destination, the vehicle collided with another auto- mobile resulting in serious injuries to the daughter. An action was com- menced by the daughter against the employer on the theory that a master is liable to an unauthorized passenger for injuries caused by the wilful and wanton misconduct of the servant. Judgment for the plaintiff was affirmed in the appellate court, but reversed by the Illinois Supreme Court, which held that even if the servant had been acting within the general scope of his employment at the time of the accident, the doctrine of respondeat superior would not apply.
    [Show full text]
  • Intentional Torts
    Torts INTENTIONAL TORTS Intent ‐act intending to produce the harm OR ‐know that harm is substantially certain to result Battery ‐requires dual intent: 1) Act intending to cause harm or offensive contact with person (what is offensive?) 2) harmful contact directly or indirectly results *Vosburg rule used to be only need to intend contact *doesn’t have to know the full extent of the possible harm, just know that it is likely to cause harm *can be liable for any damages, unforeseen or not *thin shin rule *Transferred intent ‐ need not be person who def intended to harm ‐criminal negligence vs. tort negligence ‐small unjustifiable risk vs. big risk, gross deviation from std of care Intentional Infliction of Emotional Distress 1) Intent to harm (can be imputed from facts) Wilkinson v. Downton (93) o Practical joke where guy tells woman her husband badly injured. o Rule: Such a statement, made suddenly and with apparent seriousness, could fail to produce grave effects under the circumstance upon any but an exceptionally indifferent person, and therefore an intent to produce such an effect must be imputed. 2) Outrageous Conduct RESTATEMENT 2 ‐ 46 ‐ outrageous conduct causing severe emotional distress ‐extreme or outrageous conduct ‐ who is deciding? JURY ‐intentionally or recklessly causes severe emotional distress ‐liable for emotional distress and/or bodily harm ‐liable to family members who are present regardless of bodily harm ‐liable to third parties present (not family) IF distress results in bodily harm ‐really does have to be OUTRAGEOUS‐ beyond all decency (Jury decides) ‐expansion from battery to IIED shows expansion of tort law ‐serious threats to physical well‐being are outrageous -The extreme and outrageous character might arise from knowledge that the other is peculiarly susceptible to ED by reason of a physical or mental condition or peculiarity (Amish guy).
    [Show full text]
  • Fraud Liability Under Agency Principles: a New Approach
    William & Mary Law Review Volume 27 (1985-1986) Issue 2 Article 3 February 1986 Fraud Liability Under Agency Principles: A New Approach Steven N. Bulloch Follow this and additional works at: https://scholarship.law.wm.edu/wmlr Part of the Agency Commons Repository Citation Steven N. Bulloch, Fraud Liability Under Agency Principles: A New Approach, 27 Wm. & Mary L. Rev. 301 (1986), https://scholarship.law.wm.edu/wmlr/vol27/iss2/3 Copyright c 1986 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmlr FRAUD LIABILITY UNDER AGENCY PRINCIPLES: A NEW APPROACH STEVEN N. BULLOCH* I. INTRODUCTION The law of agency is unique because it encompasses two separate bodies of law: first, the law governing the vicarious liability of one person for the torts of another; and second, the law governing the contractual rights and obligations created for one person by the actions of another. These two bodies of law developed separately, and the concept of one person's authority to enter into contractual relations on behalf of another evolved long before the concept of vicarious tort liability.1 The theoretical justifications underlying these bodies of law also are totally distinct from each other.' Al- though the two bodies of law generally are treated under the broad heading of "agency law," they are best approached as two separate branches. One question of agency law which is not approached in the ex- pected manner is the potential liability of one person for fraud committed by another. Because fraud is a tort,3 one would assume that the potential liability of one person for the fraudulent conduct of another should be analyzed under the vicarious tort liability branch of agency law.
    [Show full text]
  • The Empowered Paralegal Cause of Action Handbook Mongue 00 Fmt Cx2 2/3/14 12:23 PM Page Ii
    mongue 00 fmt cx2 2/3/14 12:23 PM Page i The Empowered Paralegal Cause of Action Handbook mongue 00 fmt cx2 2/3/14 12:23 PM Page ii Carolina Academic Press ————— The Empowered Paralegal Series Robert E. Mongue The Empowered Paralegal: Effective, Efficient and Professional The Empowered Paralegal: Working with the Elder Client The Empowered Paralegal Professionalism Anthology mongue 00 fmt cx2 2/3/14 12:23 PM Page iii The Empowered Paralegal Cause of Action Handbook Robert E. Mongue Associate Professor Department of Legal Studies The University of Mississippi Carolina Academic Press Durham, North Carolina mongue 00 fmt cx2 2/3/14 12:23 PM Page iv Copyright © 2014 Robert E. Mongue All Rights Reserved Library of Congress Cataloging-in-Publication Data Library of Congress Cataloging-in-Publication Data Mongue, Robert E. The empowered paralegal cause of action handbook / Robert E. Mongue. pages cm Includes bibliographical references and index. ISBN 978-1-59460-933-6 (alk. paper) 1. Causes of actions--United States. 2. Legal assistants--United States-- Handbooks, manuals, etc. I. Title. KF8863.M66 2013 346.7302'1 2013021992 Carolina Academic Press 700 Kent Street Durham, North Carolina 27701 Telephone (919) 489-7486 Fax (919) 493-5668 www.cap-press.com Printed in the United States of America mongue 00 fmt cx2 2/3/14 12:23 PM Page v Dedicated to David D. Gregory Professor of Law University of Maine “In the collective memory of his students, Professor Gregory will always be remembered for the Socratic genius that he employed so effectively in class; his keen wit, often accompanied by a knowing smile and twinkle in his eyes; his passion for ferreting out seemingly elusive legal principles; and his compassion and warth for those he instructed.” 53 Me.
    [Show full text]
  • Tort Liability of Governmental Units and Their Officers
    TORT LIABILITY OF GOVERNMENTAL UNITS AND THEIR OFFICERS FLEMIG JAM~ES, JR.t NDER THE PREVAILING DOCTRINE in this country neither the state nor the federal government is liable for torts committed in its service by its officers and employees unless it consents to such liability; the officer or employee, however, may be individually liable. This removes at once a very substantial area of injury-produc- ing activity from the operation of forces which have tended to make much of our tort law a vehicle for distributing the loss suffered by the victims of enterprise among the beneficiaries of the enterprise.- The expansion of the activities of government during recent decades points up sharply the striking character of this exceptional immunity from liability of one of the best loss-distributing agencies in our society. Strong pressures have inevitably been at work to push back this immunity,2 and these pressures have had measurable success. Further inroads upon the immunity are likely and desirable. Yet the position and functions of government are to a certain extent unique, and we may never want them to be treated altogether like those of private enterprise. Here we shall examine something of the bases in history, reasoning, and policy of the immunity; sketch its present status in the United States and recent developments in the field; and suggest the possible courses of future development. Inextricably interwoven with all these matters is the question of individual liability of government officers and employees. This, too, will be treated; and something of the inter- connection among the problems will be suggested.
    [Show full text]
  • Torts—Subterranean Trespass
    Buffalo Law Review Volume 4 Number 1 Article 71 10-1-1954 Torts—Subterranean Trespass Vincent A. Delorio Follow this and additional works at: https://digitalcommons.law.buffalo.edu/buffalolawreview Part of the Torts Commons Recommended Citation Vincent A. Delorio, Torts—Subterranean Trespass, 4 Buff. L. Rev. 124 (1954). Available at: https://digitalcommons.law.buffalo.edu/buffalolawreview/vol4/iss1/71 This The Court of Appeals Term is brought to you for free and open access by the Law Journals at Digital Commons @ University at Buffalo School of Law. It has been accepted for inclusion in Buffalo Law Review by an authorized editor of Digital Commons @ University at Buffalo School of Law. For more information, please contact [email protected]. BUFFALO LAW REVIEW peals affirmed a dismissal of the complaint at the close of the plain- tiff's case on the ground that the evidence was insufficient to sup- port an inference of negligence, although recognizing that in a death action the plaintiff will not be held to as high a degree of proof as required in a case where the complainant may take the stand and personally recount his version of the accident, 2 and noting that the burden of pleading and proving contributory neg- ligence rests on the defendant in such an action.2" opinion by Judge Conway, in which Judge Froes- sel Iconcurred,A dissenting concluded that plaintiff had at least made out a prima facie case, and hence his complaint should not have been 'dismissed. The dissent pointed out that plaintiff need only show facts and circumstances
    [Show full text]
  • CASE NO. 2013-O892
    IN THE SUPREME COURT OF OHIO CASE NO. 2013-o892 TAIVIAR.A FRIEBEL Plaintiff-Appellee, -vs- VISITING NURSE ASSOCIATION OF MID-OHIO; STEPHEN P. BUEHRER, ADMINISTRATOR, OHIO BUREAU OF WORKERS COMPENSATION Defendant-Appellants. ON APPEAI. FROM THE FIFTH APPELLATE DISTRICT; RICHL.AIVD COUNTY, OHIO, CASE NO. 2012-CA-56 MERIT BRIEF OF PLAINTIFF-APPELLEE, TAMARA FRIEBEL Frank Gallucci, III Esq. (#007268o) Timothy A. Marcovy, Esq. Matthew P. Cincione, Esq. (#0029491) Michael S. Lewis, Esq. PLEVI:N & GALLUCCI WILLACY, LOPRESTI & MARCOVY 55 Public Square, Suite 2222 1468 West Ninth Street, Suite 330 Cleveland, Ohio 44113 Cleveland, Ohio 44113 (216) 861.-o8o4 Attorney for Defendant-Appellant, FAX: (216) 861-5322 Visiting Nurse Association of Nlid-Ohio [email protected] [email protected] Ke-vin J. Reis, Esq. Office of Attorney General Paul W. Flowers, Esq. (#0046625) Assistant Attorney General [COUNSEI., OF RECORD] 3o East Broad St., 17 th Floor PAuL W. FLOWERS Co., L.P.A. Columbus, Ohio 43215 Terminal Tower, 35th Floor Attorney for Adnafnistrator Appellant, 50 Public Square Bureau of Workers' Compensation Cleveland, Ohio 44113 (216) 344-9393 pwWpwfco.com PAUL w.Row-,iPS Co. c r i ii' ` Attorneysfor Plaintiff-Appellee, , t 1 J ^ sf^'v ^ <r fE ^r.4 {..: 50 Public Sq., Ste3500 Tan2aY•a Friebel Cieveland, Ohio 44113 (2'.16) 344-9393 CLERK OF OOU^ ^ so- ^" 0 ^r^'" C Fax: (216) 344-9395 UP%^^;^^f^L 0 0r( ,S,..f a^ ^. TABLE OF CONTENTS TABLE OF CONTENTS ................................. ...... ....... ............................................ ii TABLE OF AUTHORITIES ..... ........................................................ ... ... ............... INTRODUCTION . .. .......................................................................... ............ 1 STATEMENT OF THECASE AND FACTS ...................................................................... 3 A. THE ADMINISTRATIVE PROCEEDINGS ............. .................................... 3 B. THE ADMINISTRATIVE APPEAL ..............................................................
    [Show full text]
  • Overview of State of Louisiana Court System A
    Name of Preparer: Guy Perrier, Esquire City and State of Firm: Perrier and Lacoste, LLC; New Orleans, LA. Overview of State of Louisiana Court System A. Trial Courts 1. District Courts are the courts of general jurisdiction. Most civil actions will proceed in one of Louisiana’s forty-three judicial district courts. There are no jurisdictional limitations regarding the amount in controversy, except that a right to a jury trial requires a plaintiff to state a claim in excess of $50,000 (exclusive of interests and costs). 2. Parish Courts, City Courts and Justice of the Peace Courts are courts of limited jurisdiction. There is no bright-line amount in controversy limitation applicable to all parish and city courts across the State (the amounts vary based on population), except they all fall below $50,000. Small claims courts generally have jurisdictional limitations below $5,000. Jury trials are not permitted in these courts, as their amount in controversy limitations all fall below the requisite $50,000. B. Appellate Courts 1. Circuit Courts of Appeal- Each Court of Appeal has appellate jurisdiction of all civil matters decided within its circuit, whether the judgment was issued by a District Court, Parish or City Court. The State is divided into five appellate circuits. Each party to an appeal has the right to request oral argument, or the court of appeal can order oral argument sua sponte. Generally, three judges from a particular Circuit decide an appeal, with a majority required to issue a decision. Determinations made by a trial judge are evaluated differently depending on whether they are questions of law or questions of fact.
    [Show full text]
  • Patient Privacy Breach... All in a Day's Work?
    Patient Privacy Breach... All in a Day's Work? 04.12.2019 It is a health care provider’s nightmare – despite extensive HIPAA training and best efforts to hire the right people, one of your staff members has gone rogue with a patient’s information. Whether a receptionist loudly comments on health information in a full waiting room, or a nurse surreptitiously looks up his ex-girlfriend’s health history, a provider may be liable in certain circumstances for the careless, or downright inappropriate, use and disclosure of a patient’s health information. In Virginia, patients’ medical information receives privacy protection under (1) tort law, which provides for civil damages; and (2) state and federal privacy statutes, violations of which may result in civil penalties. However, the measures that health care providers should take to eliminate or reduce their liability exposure are very much the same under both regimes. The provider who prioritizes HIPAA compliance is also simultaneously accounting for state privacy law compliance. The Supreme Court of Virginia has recently weighed in on the matter, in a case that is instructive for providers who are concerned with protecting patient medical information in the hands of their employees. In Parker v. Carilion Clinic, Virginia’s highest court partially revived a lawsuit against a health care provider and its two employees for allegedly disclosing confidential patient information. In her complaint, the plaintiff, Lindsey Parker, alleged that Carilion Clinic and Carilion Healthcare Corporation (hereinafter “Carilion”) and two employees, Christy Davis and Lindsey Young, unlawfully disclosed Ms. Parker’s confidential medical information to an unauthorized acquaintance.[1] Parker alleged that seven months after she was diagnosed with a medical condition at a Carilion-owned OB-GYN, she was awaiting treatment at a Carilion-owned family medicine clinic when she struck up a conversation with a male acquaintance.
    [Show full text]