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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.


Law Office of Bostwick & Janoff is located in San Jose, CA and serves clients in and around Sunnyvale, Morgan Hill, San Martin, Mount Hamilton, Los Gatos, Los Altos, Watsonville, Gilroy, Aptos, Soquel, Freedom, Scotts Valley, Milpitas, Capitola, Felton, Mount Hermon, Ben Lomond, Aromas, Brookdale, Santa Cruz, Monterey County, Santa Clara County, Santa Cruz County.

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