Under California law, trespass to chattels "lies where an intentional interference with the possession of personal property has proximately caused injury." (Thrifty-Tel, Inc. v. Bezenek (1996) 46 Cal.App.4th 1559, 1566, 54 Cal.Rptr.2d 468, italics added.) In cases of interference with possession of personal property not amounting to conversion, "the owner has a cause of action for trespass or case, and may recover only the actual damages suffered by reason of the impairment of the property or the loss of its use." (Zaslow v. Kroenert, supra, 29 Cal.2d at p. 551, 176 P.2d 1, italics added; accord, Jordan v. Talbot (1961) 55 Cal.2d 597, 610, 12 Cal.Rptr. 488, 361 P.2d 20.)
Brat Simpson and Arty Dodger case. However, there is a similar case in terms of the damages being sought, the Hudson's Bay Company v. David James White case. In this case, the Hudson's Bay Company sued Mr. White seeking punitive damages and damages for the surveillance, investigation and apprehension of Mr. White arising out of his shoplifting activity. In the result, the plaintiff was awarded "…judgment for trespass against the defendant in the nominal $300.00. The judge in the Hudson’s Bay Company case awarded the plaintiff damages for surveillance and investigation; this is similar to what is being sought in the Northland Corp v. Brat Simpson, Arty Dodger case, the action against the defendants is for the amount of $750.00 for the “cost of security, prorated between offenders caught shoplifting within the store and the amount owing remains a just debt improperly withheld by the Defendants.” The only reason the judge in the Hudson’s Bay Company case gave for awarding the damages was that, "…the case cries out for an award of punitive damages”.
If fined for the claimant also decide amount of damages. | 12 | County Court | Defamation, False Imprisonment, Malicious prosecution and any case alleging fraud | Decide
Smith (2006) defines victim compensation as a “form of income redistribution designed to redistribute wealth from offenders to victims of crime” (307). The key distinction in this form of victim compensation is that these individuals are being compensated for the impacts of criminal acts that were deliberately perpetrated against them by someone who was subsequently tried and convicted for those acts. Often there is a time window within which a victim is required to file for compensation (Siegel, 2005). Often, extensions can be granted if there are justifications for filing late. In
The victim had been struck against the back of the head and then anally raped. The victim claimed that her attacker was a white, age of 30-40 years old, 6 feet tall, smelt of BO, was wearing blue jeans a white T-Shirt and trainers. The police claimed that because the victim was attacked
ROLE OF THE TRIAL JUDGE Is the Case an Appropriate One for Punitive Damages? It is the responsibility of the trial judge, in the first instance, to determine whether the case is appropriate for punitive damages, i.e. whether the question of punitive damages will be submitted to the jury.' The main focus of that determination is the nature of the defendant's conduct. The trial judge looks for evidence that the defendant acted intentionally, outrageously, recklessly or with conscious disregard for the rights of others.
With respect to each of the three counts, Collins alleges that Thakkar's wrongful conduct was intentional and the proximate cause of the severe physical and mental injuries she suffered. She seeks both compensatory and punitive damages with respect to each count. This case could have been easily prevented. First, it is unethical for a physician to have a personal/sexual relationship with a patient. Had
Do you prosecute that as a hate-crime, just because it might be? One group of people is now getting special treatment under the law. That sounds lot like discrimination to me, which isn't how this country is supposed to work. Whatever happened to equal protection under the law? Further, because most hate-crime legislation puts added effort into prosecuting crimes against certain individuals or groups, what about the same crimes committed against someone who doesn't fit into one of those groups?
According to Tappan’s (1947 p.100, quoted in Muncie et al 2010 p.4) “crime is an intentional act in violation of criminal law (statutory or case law), committed without defence or excuse and penalised by the state as a felony or misdemeanour”. In other words crime may be known as an act deliberately committed which breaches legal conduct punishable by state. This is a common understanding of crime today but unfortunately crime is not as simple as being a breach of law. The study of crime is vast and under constant debate. Crime is ever changing varying culturally, globally and historically.
A civil case is when the plaintiff decides to sue another person, organization, or a business, the individual being sued is also called the defendant. In a criminal case, the crime is based on offenses against the state, with the prosecutor charging the suspect for the crime and not the actual victim charging the suspect. (The Differences between a Criminal Case and a Civil Case, n.d) Many fundamental distinctions between a civil and criminal case separate them from one another in our court system, which include but are not limited to; the standard of proof required in a criminal case compared to that of a civil case, the terms and forms of punishment, and also whether or not you are entitled to an attorney. “In general, because criminal cases have greater consequences - the possibility of jail and even death - criminal cases have many more protections in place and are harder to prove.” (The Differences between a Criminal Case and a Civil Case, n.d) A duty placed upon a civil or criminal defendant to prove or disprove a disputed fact is known as standard of proof. (Standard of proof.