A person lawfully invested with the power, and charged with the duty, of taking care of a person and/or managing the property rights of another person. Guardians are typically used in three situations; for an incapacitated senior (due to old age or infirmity), for a minor and for developmentally disabled adults.
The failure to do something which a reasonable person would do in a particular situation, or doing something which a reasonable and prudent person would not do in similar circumstances. If an injured person proves that another person acted negligently and caused their injury, they can recover damages to compensate for their injury.
The process of calculating how much money compensation a court should award a party following a breach of contract, personal injury or other monetary claim.
A strict form of secondary liability that arises under the doctrine of agency – the responsibility of the superior for the acts of their subordinate, or, more broadly, the responsibility of any third party that had the right, ability or duty to control the actions of a violator.
Any matter of fact that a party to a claim or action offers to provide to prove or disprove an issue in the case.
The strongest type of evidence is that which provides direct proof of the truth of an assertion. At the other extreme is evidence that is merely consistent with an assertion but does not rule out other, contradictory assertions, and may be viewed as circumstantial evidence.
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