Newsletters

Defendant's Wrongful Use of Process

It is a tort to use the civil or criminal form of process to primarily seek a result other than that for which the form of process was intended. The conduct that encompasses the abuse of process is a defendant's wrongful use of the process for an ulterior purpose and some willful act in the use of the process to accomplish that ulterior purpose.

Tort Law versus Criminal Law

Apart from legislation granting a right to sue for a specific harm, personal injury law generally consists of tort law and the civil procedure for enforcing it. This article discusses some of the distinctions between tort law and criminal law.

Common Law Tort Action Against Person Having Sexual Relations with Female Child

Under the common law, a person who has sexual relations with a female child is liable to the child's parent for damages. The tort action is based on the parent's lack of consent. Damages are based on the parent's loss of services or the medical expenses that the parent incurred on behalf of the child as a result of the sexual relations. Although these types of cases are quite rare and some states have abolished actions for these types of cases, there are still some states in which the cause of action may be maintained.

Wrongful Death and Survival Statutes

Every state has some type of wrongful death statute that allows for a decedent's beneficiaries to recover damages after a defendant willfully or negligently causes the decedent's death.

Federal Volunteer Protection Act -- Additional Liability Issues

The federal Volunteer Protection Act (VPA) grants civil immunity to a volunteer who harms a person while performing services for a nonprofit organization or governmental entity. However, the VPA does not grant immunity to the nonprofit organization or governmental entity. Therefore, the VPA does not prohibit the person who has been harmed by the volunteer from filing a lawsuit against the organization or entity.