Newsletters
Criminal Conversation with a Spouse
Under the common law, there was a tort for criminal conversation with a spouse. Although most states have enacted statutes that abolished the tort, there are a few states in which a spouse may bring an action against a third party for the tort.
Tort Law--Deterrence and Avoiding Self-Help
Apart from legislation granting a right to sue for a specific harm, personal injury law generally consists of tort law and the civil procedure for enforcing it. Most scholars agree that tort law has four purposes: (1) compensation for damages; (2) financial responsibility; (3) deterrence; and (4) avoiding self-help. This article discusses the purposes of deterrence and avoiding self-help.
The Collateral Source Rule
The "collateral source rule" is a legal rule that prevents a defendant from introducing evidence that a plaintiff has received payment from a third party. For example, a plaintiff is injured in an automobile accident with a defendant.
Tort Law Depends upon State Law
Apart from legislation granting a right to sue for a specific harm, personal injury law generally consists of tort law and the civil procedure for enforcing it. This article discusses how tort law depends upon state law.
Malicious Prosecution
People who attempt to redress their grievances against others in court sometimes bring actions against the wrong people by mistake or intentionally. In certain circumstances, a defendant may recover against the plaintiff who improperly brought him to court.
