| Abuse of Process |
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| It should be obvious that the purpose of the civil justice system is to permit people to obtain justice. Unfortunately, people sometimes try to use the civil justice system for improper purposes, such as revenge. As one would expect, using the civil justice system solely for improper purposes is prohibited by law. The personal injury lawsuit that addresses improper use of the civil justice system, and improper use of the criminal justice system other than malicious prosecution, is known as abuse of process.More... |
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| Duty of a Correctional Facility to Prevent Suicide |
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| Jails, prisons, and other types of correctional or detention facilities have a legal duty to ensure the safety of their inmates. This duty arises because the facility has actual physical custody of and control over its inmates. As part of this duty, the facility has a limited duty to prevent its inmates from committing suicide while in custody.
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| Federal Tort Claims Act - Discretionary Function Exception |
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| The Federal Tort Claims Act (FTCA) bars claims that are based on the performance or failure to perform a discretionary function or duty of a federal agency or federal government employee, even if there is an abuse of discretion. According to this "discretionary function exception," a personal injury action cannot be filed under the FTCA if the employee's negligence arises from a discretionary function or the execution of a statute or regulation.More... |
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| Statutes of Repose in Tort Cases |
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| A statute of repose in a tort case is the time period within which a plaintiff must bring his or her action against a defendant. A statute of repose is different from a statute of limitations in that it limits the plaintiff's right to bring a cause of action against the defendant before his or her cause of action accrues. A statute of limitations limits the plaintiff's right to file a lawsuit after his or her cause of action has accrued.More... |
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| Federal Teacher Protection Act -- Applicability |
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| The federal Teacher Protection Act (TPA) applies to teachers, instructors, principals, administrators, school board members, and other educational professional or nonprofessional employees who work in a school and are called upon to maintain discipline or ensure safety.More... |
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