Chapter 10 notes - Chapter 10 Some rule of law you cant...

This preview shows page 1 - 3 out of 8 pages.

Chapter 10 Some rule of law you can’t bring the claim Res judicata: prevents a litigant from bringing the same lawsuit a second time For defendant defense dismiss claim by plaintiff Once case over party can’t come back and try the case again Res judicata will bar a subsequent claim when: 1. The parties are the same as those who litigated the first case 2. The issue is the same in both suits 3. The first court had jurisdiction 4. The first action concluded with a final judgment on the merits Plaintiff vs. Defendant Personal injuries Forgot property damages- file suit- res judicata says no P vs. D Defendant: wins case becomes plaintiff Finds original plaintiff responsible Decides to sue plaintiff for personal injuries- res judicata says no File during claim as a counterclaim Product Liability Negligent 402 (a) strict liability Breach of warranty Fraud- misrepresentation Res judicata in criminal cases Double Jeopardy: no person may be tried twice for the same crime If finding of not guilty can’t file claim later on with new evidence Contained in the 5 th amendment Brinkman vs. Brinkman Marry, husband assaults wife, year later divorce Files damages with it, divorced then sue for personal injuries Can’t file since issue resolved in divorce case Won in first case already received compensation Statute of Limitations Certain time period in white to file law suit If late, can’t file claim Refers to the time period within which an aggrieved party must institute suit or the claim will be barred Designed to force a claimant to act within a specified period of time so that the party being sued can take the necessary measures to properly defend the action Legislature branch- sets the statute of limitations With in Personal injury- two years Breach of contract- 4-6 years
Image of page 1

Subscribe to view the full document.

Car accident 2-14-06- neck sprain discovered 2-13-08- file claim by Personal injury - normally form date of event Contract - limitation begins to run on the date of the breach Contract 2-1-01 Breach 2-1-05 File claim by 1-31-09 Minor born 2-1-01 Accident 2-5-08car accident- personal injury Statute of limitations: starts when they turn 18 2-1-19 expire 1-31-21 Minor has of till age of 18 before required to file law suit Parents occurred $100,000 medical expensive Parents claim 2-4-10 Bartlett v. J Casey Elgin Elgin diagnosed 9 year old Heather Bartlett with the flu Bartlett’s appendix ruptured and abdominal was infected Filed claim against Elgin within two years Filed claim against Harris-Dubose after the two years Incompenant- statue tolled until compenant Discovery Rule Extends the Statue of Limitations used by plaintiff, defendant argues statue expired Applies to all new areas of malpractice Doesn’t begin to run until the plaintiff knew (subjective), should have known (objective) cause harm Date you discover the cause of harm Surgery 1-1-02 Treat with same doctor, not getting better 1 year
Image of page 2
Image of page 3
  • Fall '10
  • Boyce
  • Nordstrom, law suit, Sue Nordstrom

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern