Friday 27 July 2007

General versus specific jurisdiction

Personal jurisdiction based on state long-arm statutes--that is, jurisdiction not based on presence within the state--is divided, for constitutional analysis purposes, into two categories: general and specific jurisdiction. General jurisdiction exists when an out-of-state party has extensive, systematic and continuous dealings with the state in which the court sits. When a court has general jurisdiction over a party, the court has personal jurisdiction over any dispute involving the party. Thus, a court's general jurisdiction power is equivalent to its power based on presence within the state. As an example, a corporation may advertise and sell so many products for such a long time within a state that it is subject to personal jurisdiction for any claim against it, even if the claim involves activity that occurred only outside the state. A leading Supreme Court case denying general jurisdiction over a defendant is Helicopteros Nacionales de Colombia v. Hall, 466 US 408 (1984). Conversely, a court's specific jurisdiction power over a party, when the party does not have systematic and continuous contacts with the state, is specific to cases that have a substantial connection to the party's in-state activity.

Source: http://en.wikipedia.org/wiki/Personal_jurisdiction_%28United_States%29

Thursday 26 July 2007

Injury-feigning

Injuries may be feigned by a person or even non-human animal for various causes. Faking an injury may allow a person to receive compensation, or may result in a team being awarded a penalty in a game of football. Birds such as the killdeer are known to feign injury to lead a predator away from their nest. The predator gives chase, believing them to be easy prey, but the bird then flies away, hopefully having distracted the predator sufficiently to prevent it from finding its nest.

Source: http://en.wikipedia.org/wiki/Injury

Wednesday 25 July 2007

General trauma

Other medical complications that may accompany a TBI include pulmonary (lung) dysfunction; cardiovascular (heart) dysfunction from blunt chest trauma; gastrointestinal dysfunction; fluid and hormonal imbalances; and other isolated complications, such as fractures, nerve injuries, deep vein thrombosis, excessive blood clotting, and infections.[1]

Source: http://en.wikipedia.org/wiki/Traumatic_brain_injury

Calcium influx

While sometimes only the cytoskeleton is disturbed, frequently disruption of the axolemma occurs as well, causing the influx of Ca2+ into the cell and unleashing a variety of degrading processes (Povlishock and Pettus, 1996; Lopachin and Lehning, 1997). An increase in Ca2+ and Na+ levels and a drop in K+ levels is found within the axon directly after injury (Lopachin and Lehning, 1997; Wolf et al., 2001). Possible routes of Ca2+ entry include sodium channels, pores torn in the membrane during stretch, and failure of ATP-dependent transporters due to mechanical blockage or lack of energy (Wolf et al., 2001). High levels of intracellular Ca2+, the major cause of post-injury cell damage (Zhou et al., 2001), destroy mitochondria (Smith and Meaney, 2000), contribute to the generation of reactive oxygen species (Arundine et al., 2004) and trigger phospholipases and proteolytic enzymes that damage Na+ channels and degrade or alter the cytoskeleton and the axoplasm (Lopachin and Lehning, 1997; Castillo and Babson, 1998). Excess Ca2+ can also lead to damage to the blood brain barrier and swelling of the brain (Zhou et al., 2001).

Source: http://en.wikipedia.org/wiki/Diffuse_axonal_injury

Tuesday 24 July 2007

Risk factors

A number of social or psychological factors can be seen to have a positive statistical correlation with self-injury or its repetition.

Source: http://en.wikipedia.org/wiki/Self-injury

Monday 23 July 2007

Cerebral contusion

Cerebral contusion is bruising of the brain tissue. The majority of contusions occur in the frontal and temporal lobes. Complications may include cerebral edema and transtentorial herniation. The goal of treatment should be to treat the increased intracranial pressure. The prognosis is guarded.

Source: http://en.wikipedia.org/wiki/Head_injury

Saturday 21 July 2007

People's Republic of China

A Public Procurator is a position in the People's Republic of China, analogous to both detective and public prosecutor. Legally they are bound by Public Procurators Law of the People's Republic of China. According to Article 6 The functions and duties of public procurators are as follows:

Source: http://en.wikipedia.org/wiki/Prosecutor

Civil law jurisdictions

Prosecutors are typically civil servants who possess a university degree in law and additional training in the administration of justice. In some countries, such as France, they belong to the same corps of civil servants as the judges.

Source: http://en.wikipedia.org/wiki/Prosecutor

Friday 20 July 2007

Compensation

Typically lawyers’ fees are based on a number of factors, which may include the time and energy spent on a case, the outcome of a case, the difficulty of a claim, the experience and prominence of the lawyer, and the costs associated with the case. There are several standard payment options a personal injury lawyer may offer his/her clients. These options include contingency fees, hourly rates, flat fees, and retainers.

Source: http://en.wikipedia.org/wiki/Personal_injury_lawyer

Thursday 19 July 2007

Legal aid in the U.S.

In a series of cases starting in 1964, the U.S. Supreme Court has ruled that American indigents do have a right to counsel, but only in criminal cases. See Gideon v. Wainwright. A few states (like California) also guarantee the right to counsel in "quasi-criminal" cases like paternity actions and involuntary terminations of parental rights. The federal government and some states have offices of public defenders who assist indigent defendants, while other states have systems for outsourcing the work to private lawyers.

Source: http://en.wikipedia.org/wiki/Legal_Aid

Wednesday 18 July 2007

Erie Doctrine Issues

One significant problem with a federally initiated tort reform bill is Congress' inability to regulate state court procedural and substantive rules. The federal government's judicial rulemaking purview extends only towards federal courts, and as such, if Congress were to enact a tort reform measure, state courts would not be subject to the new rules (unless individual state legislatures chose to modify their own state court rules to mirror federal tort reform).

Source: http://en.wikipedia.org/wiki/Tort_reform