Question: What does an “Act of God” mean in civil cases? Answer: Acts of God may negate liability. An act of God is the manifestation of a superhuman power which breaks the chain of causat...
Can a suspended attorney’s staff continued to carry on the business of law?
Question: Can a suspended attorney’s staff continued to carry on the business of law? Answer: No. To practice law is to carry on the business of an attorney at law. The practice of law is not de...
What exposure is there for carrying out an “inherently dangerous activity”
Question: What exposure is there for carrying out an “inherently dangerous activity”? Answer: Strict liability for damages caused. See below. This doctrine, provides: (1) One who carries o...
Can an insurance company require an insured to go through arbitration?
Question: Can an insurance company require an insured to go through arbitration instead of having their case filed in a trial court and heard by a jury? Answer: Yes, if policy allows for arbitration. ...
Can judges be removed from the bench and suspended from the practice of law?
Question: Can judges be removed from the bench and suspended from the practice of law? Answer: Yes. “A judge shall respect and comply with the law and shall act at all times in a manner that pro...
Can there be worker’s compensation for an injury that occurs while you are walking to or from your car to retrieve work related items while on the job?
Question: Can there be worker’s compensation for an injury that occurs while you are walking to or from your car to retrieve work related items while on the job? Answer: Yes. The Indiana Worker&...
What is “Contempt of Court”?
Question: What is “Contempt of Court”? Answer: It is disobedience of the court’s authority, justice and dignity. Contempt proceedings may be generally categorized as civil or crimina...
Is it a crime to allow children under 18 years of age to get a tattoo in the State of Indiana?
Question: Is it a crime to allow children under 18 years of age to get a tattoo in the State of Indiana? Answer: Yes. In Indiana, it is also clear that the tattoo artist can be charged with a crime. P...
When is a case frivolous?
Question: When is a case frivolous? Answer: If the court finds that the case is groundless and litigated in bad faith. Indiana follows the American Rule in which both parties pay their own fees. In th...
Is Evidence Of A Motorist Not Wearing Their Seat Belt At The Time Of An Auto Accident Admissible To Prove Contributory Negligence?
Question: Is Evidence Of A Motorist Not Wearing Their Seat Belt At The Time Of An Auto Accident Admissible To Prove Contributory Negligence? Answer: No, The Violation Of The Seatbelt Act May Not Be Us...