Nuisance Lawsuit

The term nuisance lawsuit can refer to one of two types of lawsuits. The first is a tort lawsuit of the nuisance, which is a situation wherein the plaintiff claims that the defendant is causing a nuisance. The second is a frivolous lawsuit. A frivolous lawsuit involves a plaintiff bringing a lawsuit that serves as nothing more than a nuisance […]

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Mental Anguish

The term “mental anguish” is used to refer to the psychological suffering that someone experiences as a result of, most commonly, a personal injury or other injury caused by another’s actions. Mental anguish, also called and “emotional distress,” can include anxiety, depression, trauma, or grief. Post-traumatic stress disorder, a form of mental anguish, can develop into serious problems if left […]

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Hustler Magazine v. Falwell

Following is the case brief for Hustler Magazine v. Falwell, United States Supreme Court, (1988) Case summary for Hustler Magazine v. Falwell: In response to Hustler Magazine’s article questioning his soberness and morality, Jerry Falwell brought suit in federal district court claiming damages for intentional infliction of emotional distress, among other claims. The district court found for Falwell and Hustler […]

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Gitlow v. New York

Following is the case brief for Gitlow v. New York, United States Supreme Court, (1925) Case summary for Gitlow v. New York: Gitlow was arrested after distributing socialist material he published in a newspaper. New York convicted Gitlow under a statute which prohibited advocacy of criminal anarchy. Gitlow challenged his conviction claiming the state statute was unconstitutional under the First […]

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General Damages

General damages amount to financial compensation that is issued by a court to compensate for injuries suffered, for which no real dollar value can be calculated. Examples of general damages can include financial compensation for pain and suffering, or for a shortened life expectancy. General damages may also arise from a breach of contract claim. To explore this concept, consider […]

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Pennoyer v. Neff

Following is the case brief for Pennoyer v. Neff, 95 U.S. 714 (1878). Case Summary of Pennoyer v. Neff: An attorney, Mitchell, sued Neff in Oregon state court.  Neff did not live in Oregon.  Mitchell served notice of the suit by publication, not by personal service. Once Mitchell received a default judgment against Neff, Mitchell sold property Neff owned in Oregon […]

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Abstract of Judgment

An abstract of judgment is a document created by a court that shows detailed information about a judgment rendered in court. The abstract of judgment lists the date of the judgment and the amount, as well as contact information for both the debtor and the creditor. Also included in the abstract of judgment is the rate of interest that the […]

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Liability

The term liability refers to a broad spectrum of things a person may be held responsible for. This may be a legal liability, a financial liability, or other responsibility. An example of liability includes the legal obligation to pay a debt, or to pay for damages an individual has caused someone else. Liabilities are also counted in finances as debits […]

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