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A Structural Inconsistency: The True Woman and the Breach-of-Promise Plaintiff

Saskia Lettmaier

in Broken Engagements: The Action for Breach of Promise of Marriage and the Feminine Ideal, 1800-1940

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199569977
eISBN:
9780191722066
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199569977.003.0003
Subject:
Law, Legal History

This chapter considers the wider implications of the infusion of mythologized femininity for the law, in particular for the position of plaintiffs. It suggests that the feminizing process imported a ... More


The Psychology of Tort Law

Jennifer K. Robbennolt and Valerie P. Hans

Published in print:
2016
Published Online:
May 2017
ISBN:
9780814724941
eISBN:
9780814724712
Item type:
book
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814724941.001.0001
Subject:
Psychology, Social Psychology

Tort law regulates most human activities: from driving a car to using consumer products to providing or receiving medical care. Injuries caused by dog bites, slips and falls, fender benders, bridge ... More


Economies of Justice: The Possibilities of a People's Court

Julie Hardwick

in Family Business: Litigation and the Political Economies of Daily Life in Early Modern France

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199558070
eISBN:
9780191721038
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199558070.003.0003
Subject:
History, European Early Modern History

This chapter explores the legal lives of working families in the 17th century. It uses marital litigation as a case study to interrogate the practical impact of institutional complexity by exploring ... More


Economies of Family Politics: Litigation Communities, Subject, and State

Julie Hardwick

in Family Business: Litigation and the Political Economies of Daily Life in Early Modern France

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199558070
eISBN:
9780191721038
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199558070.003.0004
Subject:
History, European Early Modern History

This chapter explores working people's legal lives as key participants in the grassroots forums that is termed in this book litigation communities, in which many kinds of challenges were negotiated. ... More


The Difficulty about Conjunction

L. Jonathan Cohen

in The Probable and The Provable

Published in print:
1977
Published Online:
October 2011
ISBN:
9780198244127
eISBN:
9780191680748
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198244127.003.0006
Subject:
Philosophy, Metaphysics/Epistemology, Philosophy of Science

In most civil cases, the plaintiff's contention consists of several component elements. So the multiplication law for the mathematical probability of a conjunction entails that, if the contention as ... More


The Difficulty about Negation

L. Jonathan Cohen

in The Probable and The Provable

Published in print:
1977
Published Online:
October 2011
ISBN:
9780198244127
eISBN:
9780191680748
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198244127.003.0008
Subject:
Philosophy, Metaphysics/Epistemology, Philosophy of Science

This chapter investigates the difficulty about negation. Because of the principle that pM[S] = I − pM[not-S], the mathematicist analysis implies that in civil cases the Anglo-American system is ... More


Violence in Public: Appearances and Punishments in the Courts

Philippa C. Maddern

in Violence and Social Order: East Anglia 1422-1442

Published in print:
1992
Published Online:
October 2011
ISBN:
9780198202356
eISBN:
9780191675287
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198202356.003.0004
Subject:
History, British and Irish Medieval History, Social History

The function of the King's Bench was less to punish criminals than to achieve certain stages in the legal process which would bring pressure to bear on the defendants. Distinction can easily be made ... More


Plaintiffs Who Malinger: Impact of Litigation on Fake Testimony

Ryan C. W. Hall and Richard C. W. Hall

in New Perspectives on Faking in Personality Assessment

Published in print:
2011
Published Online:
September 2011
ISBN:
9780195387476
eISBN:
9780199914517
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195387476.003.0074
Subject:
Psychology, Social Psychology

This chapter discusses how psychometric testing can aid clinicians and forensic experts in understanding a patient/examinee. In addition, the chapter discusses how psychometric test results ... More


How Cases are Postponed

ERNEST METZGER

in Litigation in Roman Law

Published in print:
2005
Published Online:
January 2010
ISBN:
9780198298557
eISBN:
9780191707520
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298557.003.0005
Subject:
Law, Comparative Law

If the vadimonium (bail) documents are records of judicial vadimonia, they would serve as evidence that the parties in a lawsuit performed as they were ordered to perform. Both the plaintiff and the ... More


The Allocation of Discovery Costs and the Foundations of Modern Procedure

Martin H. Redish

in The American Illness: Essays on the Rule of Law

Published in print:
2013
Published Online:
October 2013
ISBN:
9780300175219
eISBN:
9780300195071
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300175219.003.0009
Subject:
Political Science, American Politics

This chapter discusses the problem of discovery costs and the cost allocation model and control of excessive discovery. It discusses the proposal of allocating all discovery costs to the plaintiff. ... More


Village Courts and the Art of Bluffing

Karen J. Brison

in Just Talk: Gossip, Meetings, and Power in a Papua New Guinea Village

Published in print:
1992
Published Online:
May 2012
ISBN:
9780520077003
eISBN:
9780520912182
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520077003.003.0004
Subject:
Anthropology, Asian Cultural Anthropology

Examining court hearings revealed that initiated men were not the only ones who dropped hints and spread rumors, but that almost everyone in the community preferred to avoid open confrontation and ... More


Testing the Bargaining Model

Ian Ayres

in Optional Law: The Structure of Legal Entitlements

Published in print:
2005
Published Online:
February 2013
ISBN:
9780226033464
eISBN:
9780226033488
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226033488.003.0010
Subject:
Economics and Finance, Econometrics

As a matter of theory, liability rules might be more efficient than property rules even when bargaining is possible. But there are reasons to be skeptical of the result. This chapter describes the ... More


Interests Competing with the Plaintiff’s

Peter Cane

in Tort Law and Economic Interests

Published in print:
1991
Published Online:
March 2012
ISBN:
9780198252368
eISBN:
9780191681370
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198252368.003.0005
Subject:
Law, Law of Obligations

While the plaintiff has a legally recognized interest, this does not mean that interference with it will be actionable in tort. All means of legal interests are protected. This chapter discusses ... More


Dual-Chooser Rules

Ian Ayres

in Optional Law: The Structure of Legal Entitlements

Published in print:
2005
Published Online:
February 2013
ISBN:
9780226033464
eISBN:
9780226033488
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226033488.003.0004
Subject:
Economics and Finance, Econometrics

Beyond put options there are a dizzying array of “Pay or Be Paid” and “Pay or Pay” rules. But our understanding of liability rules is simultaneously simplified since it is shown that this double ... More


Damages and Costs

Sir John Baker

in The Oxford History of the Laws of England: Volume VI 1483–1558

Published in print:
2003
Published Online:
March 2012
ISBN:
9780198258179
eISBN:
9780191681806
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198258179.003.0020
Subject:
Law, Legal History

This chapter examines the practice of awarding and evaluating damages and costs in the judicial system in England during the Tudor period. The assessment of damages was seen as an exercise in ... More


The Basis for Excluding Liability for Economic Loss in Tort Law

PETER BENSON

in The Philosophical Foundations of Tort Law

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198265795
eISBN:
9780191682971
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198265795.003.0020
Subject:
Law, Philosophy of Law

This chapter focuses on the so-called exclusionary rule and the basis for excluding liability for economic loss in tort law. It examines five different situations into which economic loss cases can ... More


Contributory Negligence: Conceptual and Normative Issues

Kenneth W. Simons

in The Philosophical Foundations of Tort Law

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198265795
eISBN:
9780191682971
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198265795.003.0021
Subject:
Law, Philosophy of Law

This chapter examines conceptual and normative issues concerning contributory negligence and places them within the broader conceptual, doctrinal, and normative framework of tort law. It assesses the ... More


Introduction

Jennifer K. Robbennolt and Valerie P. Hans

in The Psychology of Tort Law

Published in print:
2016
Published Online:
May 2017
ISBN:
9780814724941
eISBN:
9780814724712
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814724941.003.0001
Subject:
Psychology, Social Psychology

This chapter reviews the objectives of tort law, including deterrence, allocation of the costs of injuries, corrective justice, and civil recourse. It describes how these aims implicate the ... More


Damages

Jennifer K. Robbennolt and Valerie P. Hans

in The Psychology of Tort Law

Published in print:
2016
Published Online:
May 2017
ISBN:
9780814724941
eISBN:
9780814724712
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814724941.003.0007
Subject:
Psychology, Social Psychology

This chapter presents a summary of psychological issues underlying claims for and awards of money damages. It takes a psychological perspective on plaintiffs who are seeking damages, assessing the ... More


Conclusion

Jessica Lake

in The Face That Launched a Thousand Lawsuits: The American Women Who Forged a Right to Privacy

Published in print:
2016
Published Online:
May 2017
ISBN:
9780300214222
eISBN:
9780300225303
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300214222.003.0008
Subject:
Law, Legal History

In the conclusion, I discuss the implications of privacy’s gendered history – did this doctrine reinforce traditional ideals of femininity or did it assist in women’s struggle for equal citizenship? ... More


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