TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 2 P31

Gale Encyclopedia of American Law Volume 2 P31 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 288 CAVEAT reasoning that begins with a major premise the applicable rule of law proceeds to a minor premise the facts that gave rise to the claim and ends with a conclusion. In a cause of action for battery the rule of law is that any intentional unpermitted act that causes a harmful or offensive touching of another is a battery. This is the major premise and is stated first. Supporting facts constituting the minor premise appear after the rule of law. For example a statement of facts for a case of battery might be The plaintiff while walking through ABC Store on the afternoon of March 11 1998 was tackled by the defendant a security guard for the store who knocked the plaintiff to the floor and held her there by kneeling on her back and holding her arms behind her while screaming in her ear to open her shopping bag. These actions caused the plaintiff to suffer injuries to her head chest shoulders neck and back. The cause of action concludes with a statement that the defendant is responsible for the plaintiff s injuries and that the plaintiff is entitled to compensation from the defendant. The facts or circumstances that entitle a person to seek judicial relief may create more than one cause of action. For example in the preceding example the plaintiff might assert claims for assault battery intentional infliction of emotional distress and violation of civil rights. She might also bring claims for negligent hiring if the guard had a history of violent behavior which the store failed to discover or negligent supervision. When damages are caused by an employee it is common to sue both the employee and the employer. All these causes of action arise from the same set of facts and circumstances but are supported by different rules of law and constitute separate claims for relief. A cause of action can arise from an act a failure to perform a legal obligation a breach of duty or a violation or invasion of a right. The importance of the act failure breach or violation .

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