Question: In civil and criminal cases, who is the “13th Juror”?Answer: It is the trial judge who must determine whether in the minds of reasonable jurors a contrary verdict should have bee...
What are punitive damages?
Question: What are punitive damages? Answer: They are damages awarded by the jury against a defendant in a civil case to punish their conduct and deter others from acting in the similar fashion. Only ...
In a civil case, who should bear the risk of any uncertainty as to the amount of damages if the facts demonstrate that damages were established?
Question: In a civil case, who should bear the risk of any uncertainty as to the amount of damages if the facts demonstrate that damages were established?Answer: Defendants bear the risk of any uncert...
Why do you need uninsured & underinsured motor vehicle coverage?
Question: Why do you need uninsured & underinsured motor vehicle coverage?Answer: To protect yourself from negligent motorist who are not adequately insured to pay for the injuries and damages the...
What is “venue” in a civil case?
Question: What is “venue” in a civil case? Answer: The location of the court where the case will be hear. Any case may be venued, commenced and decided in any court in any county, except, ...
Are there people in our society that are not required to testify?
Question: Are there people in our society that are not required to testify as to communications with another person? Answer: Yes, but they are limited and may be waived by certain conduct. Under India...
How does breaking news affect the “Bystander Rule”?
Question: How does breaking news affect the “Bystander Rule”? Answer: The “Bystander Rule” allows recovery for negligent infliction of emotional distress if a claimant can esta...
Can you overturn a default judgment?
Question: Can you overturn a default judgment? Answer: Yes, when there is a showing of excusable neglect and a meritorious defense. When a law suit is filed and a defendant fails to timely answered th...
What does an “Act of God” mean in civil cases?
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...
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...