| Unusual Defenses to Defamation |
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| Defamation lawsuits are not easy to win because the plaintiff must both prove the difficult elements of his or her case and avoid the many defenses to defamation. This article discusses two unusual "defenses" to defamation, the insubstantial but practical defense of I-dare-you-to-sue, and the real but rare defense of consent.More... |
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| The Jones Act -- Unearned Wages |
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| Under the Jones Act and general maritime law, a seaman who is injured in the course and scope of his employment may recover "unearned wages," i.e., the wages he would have earned if he were able to continue working until the end of the voyage. Unearned wages may include overtime, bonuses, and other employment benefits.More... |
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| Proximate Cause |
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| In order to win a personal injury action, a plaintiff must prove that a defendant's negligence caused the plaintiff's injuries. In negligence law, there are two types of causation: (1) "cause in fact"; and (2) "proximate cause." The plaintiff must prove both types of causation.More... |
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| Malicious Prosecution |
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| It should be obvious that the purpose of the criminal justice system is to bring criminals to justice. Unfortunately, people sometimes try to use the criminal justice system for improper purposes, such as revenge. As one would expect, using the criminal justice system solely for improper purposes is prohibited by law. The personal injury lawsuit that addresses improper criminal prosecution is known as malicious prosecution.More... |
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| Defense of Property |
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| Generally, a person has a legal right to use reasonable force to prevent the commission of a tort (such as trespass or conversion) against his or her property. Therefore, if a person uses force to prevent the commission of a tort against his or her property and he or she is sued for assault, battery, or another intentional tort, he or she may claim defense of property as a defense to the action. A person is required to make a request to desist before using force to defend his or her property unless such a request would be futile or dangerous.
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