Some Drawbacks And Advantages Of Strict Liability

Laws of strict liability

     Strict liability examples explained

Manufacturers are responsible for the damages caused by their products. The persons who were at the receiving end of the damages or injuries caused by the product have grounds to file charges against the individuals who designed or produced the goods. It needs to be noted that the plaintiff may receive monetary settlements even if the manufacturers are able to prove that they exercised all possible care during production and distribution. The laws of strict liability are not applicable in cases of private sales, and they can only be enforced if the businesses are involved in the selling or leasing of products.

Not all the states in the country have strict liability laws, only a few do, but in these, these laws are not the same. They vary from state to state, taking into consideration the unique features of those states. Some strict liability examples are mentioned here, and these will help you to understand the law better.

Sharing of damages

If a product is found to have caused any injury or damages, then the affected individuals can file a case against the manufacturers in a court of law. The manufacturers have some advantage in these situations, as in most cases they are not required to pay the damages alone. They can involve all the parties in the chain of distribution of the product, taking the strain off the settlement. The company manufacturing the products can share the responsibility of paying the damages with parties including retailers, manufacturers, distributors and wholesalers. Before the company can involve the members of the chain of distribution, they must prove in the court that the latter were also negligent in their duties. It also needs to be noted that those businesses that are contracted by the government are usually exempt from paying strict liability damages.

Strict liability examples depicting advantages for consumers

Strict liability examples

                               Strict liability laws

Strict liability laws ensure that the consumers receive only premium quality goods from the manufacturers, and that any company trying to con the consumers is rightly punished. A consumer or a user is someone who activity or passively enjoys the benefits of a product, and if that person gets injured in the process, then they can sue for property and personal damages.

Strict liability laws ensure the presence of only high quality products in the market. Such laws are necessary to ensure that those who flood the market with low quality products are rightly punished.

The Impact Of Exclusionary Rule On Criminal Cases

What is the Exclusionary Rule

                       Exclusionary Rule explained

Most of the criminal cases that have been tried in the courts in the recent past have been affected by the Exclusionary Rule. What is the Exclusionary Rule, anyway? Why does it have an adverse effect on some of the cases that are tried in a court of law? The answers for all these questions are given below.

What is the Exclusionary Rule?

The Exclusionary Rule exists to guard the citizens from illegal searches and seizures conducted by the police or other government agencies. With the help of this rule, the defendant can stop the prosecution from using in a litigation the evidence collected through illegal searches or seizures. The main purpose of this rule was to uphold the constitutional rights of the citizens, and to prevent the police from resorting to illegal methods to access the evidence.

There are, of course, some downsides to this rule. If the evidence collected by the police turned out to be genuine, the defendant would not be punished by the court, if the defendant was able to prove that it was collected through an illegal search.

Source of the Exclusionary Rule

The Fourth Amendment of the United States Constitution is the source of the Exclusionary Rule. The Fourth Amendment makes it clear that, protection of a person’s house, documents and personal effects is guaranteed against illegal searches and seizures. Essentially, to search the premises of a person, proper warrant is required which cannot be issued without a proper cause. If the police or any other government agency violates the Fourth Amendment, the Exclusionary Rule will come to the help of the person on whose premises the illegal search was conducted.

The “fruit of the poisonous tree” doctrine

Court of law

                      Brief note on Exclusionary Rule

The “fruit of the poisonous tree” doctrine states that all the evidence that was obtained because of evidence which was obtained as a result of an illegal search, is to be excluded from use in a courtroom. Thus, if the police manage to illegally obtain evidence by violating the Fourth Amendment, then all the evidence consequently obtained will be excluded in a court of law.

The impact of the Exclusionary Rule in the criminal cases is overwhelming. If the police managed to find discriminating evidence against the defendant, but were to disregard protocol, the prosecution would not be able to use it against the defendant based on the ground that the evidence was illegally obtained.

Some Information On Civil Procedure For Punitive Damages

What is punitive damages

               Civil procedure for punitive damages

Punitive damages are damages that are awarded by the court if it feels that the punishment given to the defendant was not enough. These may be monetary damages that would be awarded on top of the compensation damages that have already been awarded. These damages are meant as a punishment for the defendants and hence the name ‘punitive’.

So, what is punitive damages? This punishment is usually given by the court of law as a sort of warning so that it will deter other people from engaging in such anti-social activities. It is a way of punishing the culprit while also sending a message to the other people, so that they will refrain from involving in such activities.

What is punitive damages?

The term punitive damages have already been discussed in brief in the previous paragraph. More on the subject of punitive damages has been given below.

If persons contesting a civil lawsuit are not from the same state and the money in question is more than $75000, then the lawsuit cannot be conducted in a state court. In cases were the state law forms the basis of the civil lawsuit that the persons are contesting, there exists a rule that says that such lawsuits must be conducted in state courts. Therefore, such lawsuits are required to be contested in federal courts.

If the defendants do not plead for an exorbitant amount of money as compensatory or punitive damages, the plaintiffs will get a positive judgment from the federal courts. For the federal court to reach such a decision regarding punitive damages, it must be established by the plaintiffs in the court that the punitive damages that they are demanding are within reasonable limits.

Remittitur

Court of law

                        More on punitive damages

The judge holds the right to alter the decision made by the jury in cases was the punitive damages are involved. This power of the judge is termed as remittitur. In such cases, the judge can reduce the amount of punitive damages awarded by a jury and even has the power to even order a new trial. Therefore, even if the jury was to award to award punitive damages, the judge can override those decisions and reduce the amount of damages.

These are some details regarding punitive damages that are awarded in certain cases. These damages, as a form of punishment have been realized as an effective way of ensuring that people will keep away from engaging in anti-social activities.

Different Legal Aspects Of The Fourth Amendment

What is the exclusionary rule

Exclusionary rule and Rights of                          suspect

What is the exclusionary rule? Does it have anything to do with the Fourth Amendment? These are some of the most frequently asked questions in law websites. Not many people are aware of the link between the exclusionary rule and the Fourth Amendment which protects the interests of individuals. Another legal aspect included in the Fourth Amendment is the “Right of Suspects.” This is meant to protect the interest of the defendants or the people who are brought under custody. This article will give you a brief insight into the above mentioned legal issues concerning exclusionary rule.

What is the exclusionary rule?

The Fourth Amendment of the Constitution of the United States places  great value to the privacy of the citizens and seeks to protect it. It protects the people’s interest against all unauthorized and illegal searches. The “unauthorized and illegal search” scenario can be better understood with the help of an example. Suppose a person is a suspect of a crime, such as theft. On the grounds that the particular individual is a suspect, the police officials can conduct a raid or search in the house of the so called “suspect’. The raids are permissible only with a search warrant. The search operations conducted without valid search warrants is unlawful. This is where the exclusionary rule comes into play. The contraband or any evidence seized through such a search operation is not valid under the law. The particular piece of evidence cannot be produced against the suspect in the court. Under legal terms the contraband is said to be “suppressed”.

Rights of suspect

This is another aspect of the Fourth Amendment Law that safeguards the interest of the suspects or the defendants. This is not a concession offered by the law, but is the right of every citizen. There are different scenarios that connect with the Rights of Suspects. Here are some of them.

  • Witness of the suspect- the suspect or the individual who is alleged to have involved in a crime, can never be a witness for the same. This right is applicable only when the suspect is brought under custody.

    Issues concerning exclusionary rule

    Fourth Amendment of the Constitution

  • Another important Right of Suspect is the “Right to an attorney” or the “Right to Counsel”. The suspect can avail the service of an attorney whenever he/she likes to have it.

The issues connected with the “Rights of Suspect” can be a bit complicated. In order to understand the essence of the same it requires a detailed study of the Fourth Amendment.

This article will let you know more about some of the legal aspects that come under the Fourth Ammendment.

A Short Note On Strict Liability

Strict liability examples

                          Examples of strict liability

It was a glorious Saturday morning and David was just getting home from his usual morning walk, when he got hit by a speeding car. It was an area where there were speed restrictions in place, and the speed of the car was clearly well over all the legal limits. Fortunately, David was not seriously injured, but still suffered from a minor concussion and a few bruises, not to mention the mental anguish he experienced, all the way to the hospital.

This might seem like an ordinary, run of the mill accident to most of you, but for someone who is interested in knowing the laws with regard to such accidents, there is a vast deal to be learnt from cases like this. Even though the act of the driver of the speeding car was just negligent, from the legal POV, it is treated as a case of strict liability.

What is strict liability?

In purely legal terms, strict liability means that the person or company, whose negligent actions lead to any injuries or damages, is liable to their actions in a court of law. In simpler terms, if a person or a company commits an action which is not intended on causing any harm, but still ended up causing it nevertheless, then it is responsible for that harm incurred. This definition will be clearer after examining these strict liability examples given below.

Some strict liability examples

The case of David, which is mentioned above is a perfect example for a strict liability case. The important point to note here is that even though the actions of the driver might merely have been negligent, and probably no harm was intended, it is treated as a strict liability case, as being a driver itself is a responsibility. Even if the driver had reasons for going too fast, even if the reason was a medical emergency, the action would still fall under the strict liability section of the law.

Court of law

                 Strict liability examples given

It is not just a single person who has to bear the brunt of the strict liability. Companies are often on the wrong end of strict liability too, as they are responsible for any harm caused by their products, due to flawed design, manufacturing defects, etc.

It is to be noted that certain statutory offenses also fall under the category of strict liability. The latter covers a vast area and to know more about it, you will need a good understanding about various aspects of certain laws.

Is It Necessary To Pay Taxes For Lawsuit Settlements?

What is punitive damages

Punitive damages and compensatory                                           damages

Recently, I had won a civil lawsuit that had me preoccupied for quite some time. But the best part is, I am entitled to get a fair amount of money as damages. But now I came to know that the damages which I would receive would be subjected to taxation which slightly dampens the glow of my victory. Since I was somewhat ignorant of the taxation process, I decided to do some research on how the taxation is done and whether all damages need to be taxed or not. I hope you too will find this information useful if you are dealing with a similar situation.

Are all lawsuit settlements taxable?

Even if you win a lawsuit and are entitled to receive damages, often you won’t be able to take home the entire amount.  You are very likely to get an attorney bill, which will take away a share of it. More sobering news is that the IRS is going to lay a claim on the lump sum amount, which is sure to disappoint you.

The IRS (Internal Revenue Service) is a government agency responsible for tax collection and tax law enforcement. But not all damages are taxable. For example, the compensation for physical injury is tax-free. Suppose you had won a lawsuit against your previous employer and you receive damages as a payback, which is the amount you would have received if they hadn’t fired you. Since this doesn’t involve any physical harm, the entire amount is taxable.

Know what is Punitive damages and Compensatory damages

Punitive damages are awarded for the plaintiff as a compensation for the losses in addition to compensatory damages. Punitive damages are intended to punish the defendant and compensate the plaintiff for his losses. The court is the ultimate power to decide how much the punitive damages should amount to.

Compensatory damages on the other hand are the actual damages the plaintiff receives as compensation for his expenses on medical costs, unearned income, emotional distress, pain and suffering. The compensatory damages are considered as per the exact calculation of losses. Punitive damages mean more benefit to the plaintiff.

Compensatory damages

How to calculate punitive damages

Suppose a car company made false promises regarding the safety of the vehicle and a customer met with an accident resulting $1000 worth of damages. In a punitive damage award, the court can announce a penalty of $1,000,000 against the company. Here the plaintiff gets the benefit of earning extra money, not just the repair cost! Obviously, the IRS would swoop down on this!

I hope this article provided some insight into what is punitive damages and compensatory damages and whether they are taxable or not. Consult with a tax agent to know more details!

A Brief Explanation Of The Exclusionary Rule In The US

What is the exclusionary rule, law enforcement agencies

Exclusionary rule explained

Exclusionary rule in the United States makes it clear that any evidence which was illegally obtained by the police or law enforcement agencies cannot be presented in a court of law. This rule ensures that the constitutional rights of the defendant are not violated. To know more about the exclusionary rule in the United States, read on.

What is the exclusionary rule?

Exclusionary rule is implemented in order to safeguard the constitutional rights of the defendant. If the police had to resort to illegal means in order to dig up the evidence that resulted in incriminating the defendant, then the defendant holds the right to prevent it being admitted in a court of law.

The Fifth Amendment of the exclusionary rule makes it clear that, no person can be persuaded by the law enforcement authorities in order to testify against himself. It also states that no person can be deprived of life, liberty or property without due process of law.

The exclusionary law exists to protect the citizens from illegal encroachment of law enforcement agencies in the name of gathering evidence. It is to be noted that, the exclusionary law applies to every person who lives in the United States, irrespective of his nationality.

Actions that can be taken against the police

The citizens of the state have the right to sue law enforcement agencies if they feel that the police have violated their rights in the process of gathering evidence.

What is the exclusionary rule, law enforcement agencies

what is exclusionary rule

There are of course some downsides to this law, but in most cases, it pales in consideration with the civilian rights that it manages to uphold. One downside to this rule can be illustrated as follows.

Consider a scenario wherein the police seek a warrant to search the house of a suspect drug dealer but fails to do so. If the police went on to search the premises regardless and find incriminating evidence, it will still not be admissible in a court of law. Thus, all the work that they carried out would be fruitless.

These are the relevant information regarding the exclusionary rule that exists in the United States. It is an extremely important rule and its significance lies in the fact that it was brought on to safeguard the constitutional rights of the civilians. This information are more than necessary to answer questions such as, “what is the exclusionary rule?”

Know More About No Win No Fee Compensation Claim

No win no fee, Compensation claim

No win no fee claim conditions

Considering the amount of time and money one has to spend, many people refrain when it comes to filing a lawsuit in court. They will have to do constant follow-ups and make appearances in court; both time consuming and mentally draining. Though a would-be plaintiff might have suffered considerable loss and pain, he/she would keep from the decision to go to court, owing to many reasons. Fortunately, though U.S. law contains a crucial and very useful legal statute, which dictates that those who file a civil lawsuit in court, will be entitled to get some relaxation and support through the No Win No Fee compensation claim. When we consider this in detail, there are both pros and cons for the plaintiff and for the lawyer as well. If you are considering such a legal procedure, it’s better that you be informed about the various aspects of this claim process. Let us discuss this in detail.

No Win No Fee – Pros and Cons

With this statute in effect, much of people’s pressure and tension is relieved. This claim enables one to take a risk and go ahead by proceeding with the litigation. One of the ways this has backfired, though, is that there are numerous claims surface every day, and not all of them genuinely valid. There number of fake claims files is on the rise, and these waste valuable court time.

No win no fee, Compensation claim

no win no fee compensation claim

The main advantage to this claim is that the plaintiff will not have to pay for the lawyer’s fees the litigation doesn’t yield a settlement. This means one can confidently sue, without worrying about the loss of money that would have to be planned for otherwise. Another disadvantage is that, around one third of the amount recovered as damages, is charged by the lawyer towards his fees, for appearing in court and presenting the case in favor of the client. If the litigation takes up too much time, and if the client decides to pay for it, the final lawyer fee is likely to exceed the recovery amount; this will be a problem for the client. As opposed to this, the lawyer gets the benefit of receiving more money than he could have earned on an hourly rate. But if the lawsuit fails, the lawyer does not get paid.

The above information, no matter how helpful, cannot substitute for legal advice. Please consult a reputed no win no fee attorney before filing this claim.

Defamation Damages In Florida

What is punitive damages

                    Punitive damages explained

Defamation laws can often result in costly damages having to be paid by the defendant. These laws are taken very seriously in the state of Florida. Defamation is a legal term that can be used to describe both libel and slander. The laws in effect in the state of Florida present a great opportunity for students of law to study more about the damages that are involved in such cases. Punitive damages are also awarded by courts of law in some cases, which leads us to the question, “what is punitive damages?” The answer to this question, along with those to many others, is explained briefly below.

Definition of defamation

Defamation can be defined as the defiling of the character or reputation of a person, which results directly from false statements or actions from another person. It can include actions such as libel and slander, and as is the case in many other states, defamation cases are dealt with very strictly in the state of Florida.

What is punitive damages?

Punitive damages, simply defined, are monetary damages that are awarded in cases where the court of law feels that the damages that were originally awarded were not enough of a punishment for the defendant. These damages are not meant to cover for the actual losses that the plaintiff may have incurred due to the actions of the defendant. Instead, they are aimed at ensuring that the infraction is not committed again, either by the defendant or by those witnessing the damages he is made to pay for.

Online defamation charges in Florida

Defamation cases

                      More on punitive damages

In the state of Florida, online defamation is a chargeable offense. A case was filed in the Florida Supreme Court in 2010, which challenged the way defamation charges could be leveled, and the ruling on this was particularly interesting. The ruling made it clear that a person who is not a resident of the state of Florida can be sued by one who is, if there is enough evidence of the former posting defamatory material online. A ruling based on this was recently made in the state of Florida, where a resident of Louisiana had to pay $11 million in damages to a Florida resident, after it was found that defamatory material concerning the plaintiff was posted online by the defendant.

This is some information regarding the defamatory damages law in the state of Florida. Further information is available from legal resources.

If You Do Not Win, I Do Not Pay

No Win No Fee

What is a no-win no-fee case?

In personal injury cases primarily arising out of auto accidents, you are at liberty to choose your attorney to defend your case in the appropriate court of law. With the emergence of the no win no fee or Conditional Fee Agreement (CFA) as it is known, it is your counsel’s liberty to accept or reject your personal injury case. The term means that if there is a win, there is a fee and if it is a no win, then there is no fee. When the application of the idea became wider, the scope for legal help enhanced beyond barriers faced while reaching out for legal help. Legal help became more accessible outwitting social inequality.

In the recent past, the need for the no win no fee system was on an ebb owing to various restrictions imposed by the government in dealing with the motor accident claims by the people. Applying the principle, an auto accident case claim will be subject to an initial assessment of possibility of claim and in the event of such possibility being successfully assessed there will be further assessment on the probability of success on the claim. If at any stage the assessing solicitor finds your case unfit, then you may be denied representation on the basis of no-win no-fee by the solicitor. And if after assessment, the lawyer represents your case but fails in spite of assessment, he is not entitled for a claim of fee going by the principle.

Conditional Fee Agreement

                           No win no fee lawsuits

In a no-win no-fee case, the assessing solicitor applies every bit of reason and prudence to not end up with a no-fee situation eventually. He would not take up the case if the facts and circumstances of the case do not guarantee a win and thereby no fee. If after assessing a case, the solicitor finds a ray of hope, he would at once take up the case and handle it in a manner that is acceptable for the client and himself. On winning the case on the basis of no-win no-fee, he would be paid the solicitor’s fee apart from success or bonus fees by the losing party. The losing party is also liable for incidental costs involved in the suit such as court fees, medical report costs and so on.

Finding a no-win no-fee lawyer may be difficult at times since the discretion lies with the lawyer. May you be guided by the principle of right lawyer than the best lawyer.