| STATE TORT CLAIMS ACTS |
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| Governmental entities are generally immune from liability for lawsuits in accordance with the principle of sovereign immunity. However, most states have enacted statutes that provide for waiver of such immunity for certain types of tort actions. Such statutes are generally referred to as state tort claims acts. More... |
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| Examples of Non-Defamatory Opinion |
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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 examples of one of the standard defenses to defamation: opinion.More... |
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| RULES REGARDING UNUSUAL DRIVING CONDITIONS |
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| When the weather or other conditions affect a driver's view of a highway or roadway, the driver has a duty to act with reasonable care under the circumstances. In other words, the driver is required to act with the same degree of care that a reasonable person would have acted under the circumstances.More... |
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| DEFENSES TO TORTS INVOLVING INTERFERENCE WITH A MARITAL RELATIONSHIP |
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| Even though most torts involving interference with a marital relationship have been abolished in most states and are rare in states that still allow a cause of action for the torts, a third party who is accused of such torts has certain defenses or privileges with regard to the torts. Such defenses or privileges include when the third party is merely giving advice or when a spouse consents to or condones the third party's conduct.
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| RIGHTS AND DUTIES OF PEDESTRIANS |
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| A pedestrian generally has a right-of-way in a crosswalk. A motor vehicle driver is required to yield the right-of-way to a pedestrian in a crosswalk, even if the driver has a green light. If a pedestrian control signal is working and is in the "walk" position, the pedestrian has the right-of-way. If the pedestrian control signal is not working, a motor vehicle driver is required to yield the right-of-way when the pedestrian is on the driver's side of the road or if the pedestrian would be in danger.More... |
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