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Crimes are wrongful acts against society for which punishment may be imposed. Where an individual is injured through the wrongful action (“tort”) of another, the law may also give the injured party the right to file a civil lawsuit to recover damages. The same wrongdoing may constitute both a crime and a tort, and subject the wrongdoer to both criminal and civil liability. What …
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In addition to laws passed by legislatures, there exists a body of principles derived from court decisions and other judicial sources called the “common law.” Courts frequently rely on common law in deciding cases. One common law principle often followed in civil lawsuits, such as personal injury lawsuits arising out of auto accidents, is the “collateral source” rule…
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The principles of product liability provide consumers with some protection against injury from defective products and a means of recovering damages for injuries resulting from the use of defective products. The protection is in general provided by state laws. As a consequence, the nature, extent and procedures connected with this protection vary significantly from state to state. The most e…
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When a product is defective or harmful to the public, the Food and Drug Administration (FDA) may order or request a recall of the product from the market. Sometimes, the manufacturers of defective products will voluntarily recall the defective product, while other recalls are ordered by the FDA. Can the FDA Order a Recall? The FDA does not have the authority to “order” recalls. …
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The U.S. Supreme Court has ruled that awards of back wages to employees are subject to federal taxation according to the year in which the wages are actually paid, not the year in which the wages should have been paid or were actually earned. This holding appears to reconcile what had previously been an area of unsettled controversy between taxpayers and the Internal Revenue Service (IRS);…
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