Anonymous Law Student

musings from a new legal apparatus.

Keeping an Injury Diary

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If you’ve ever been injured in an accident such as a motor vehicle, then you may be seeking compensation for damages. Damages to your car is one thing, but to your body is quite another. Soft tissue damage is unseen (another blog post) and can be a prolonged injury.

Some believe keeping an injury diary is a good way to keep track of the increasing severity of their injury overtime. This may sound like a good idea at the outset, but it turns out to work against the injured. Here’s why. Read the rest of this entry »

May 28th, 2014 at 11:32 am

Posted in Injury & Insurance

Personal Injury Lawyers Take Note

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How to advertise (and be over the top!)

March 28th, 2014 at 4:20 pm

Posted in News and Culture

A history: two main approaches to international law: positivism and naturalism

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Historically, there are two main approaches to international law:

- Natural law, which can be thought of as the idea that power of law does not come from voice of authority. In contrast positivisim says the authority is what makes the law the law. Natural law says there is a higher reason why the law is the law (e.g morality, universal principles, religious, etc.). Under natural law, horrific immoral laws would not be valid even if they came from a legitimate authority.

The application of these approaches goes back 2000 years. Natural law finds its origins in ancient Rome and Cicero the philosopher. Thomas Aquinas examined source of law’s legitimacy. According to him natural law is God’s natural law.

A more modern definition is that natural law is universally applicable rules derived from reason. A doctrine that human affairs should be governed by ethical principles that can be understood by reason.

Read the rest of this entry »

March 27th, 2014 at 9:10 am

Posted in Legal Resource

The difference between a treaty and declaration.

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A treaty has signed participants who pass legislation pursuant to it. A declaration is just the UN declaring something. You can determine which one equates to quicker application.

There is a Doctrine of state continuity which means if a state signs a treaty, even if there is a major change of government, the state is still bound by its prior treaty obligations.

Read the rest of this entry »

March 20th, 2014 at 9:10 am

Posted in Legal Resource

Pain Free Today – Painful Tomorrow

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If you sign papers because you feel just fine today, what happens if your health deteriorates tomorrow? I know of some people who’ve been in car accidents, and 10 years later their body starts to break down. What recourse do they have?

The Minor Injury Regulations (“MIR”) provide a framework to determine what injures are ‘minor’ by the courts and therefore have damages ‘capped’ at a certain value. Read the rest of this entry »

February 18th, 2014 at 6:55 am

Posted in Injury & Insurance

Protect Yourself Hire and Attorney when Injured

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When you’re involved in a car accident, or really any incident where you’ve been injured, it’s important to protect yourself.

You may find yourself faced off against another’s insurance company. You may also think that your insurance company is on your side. That’s partially not true. The insurance companies see you as profit–as a number. That means they may not always be looking out for your best interests 100% of the time. That’s why it’s prudent to hire an attorney who has the responsibility of thinking about you over the bottom line of the insurance companies. Read the rest of this entry »

January 13th, 2014 at 9:29 am

Posted in Injury & Insurance

Intentional Torts and Types

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Types of intentional torts include:

Battery – unwanted intentional touching
Assault – threat of battery
Intentional infliction of mental suffering
Intentional interference with chattels (theft)
Recklessness

Read the rest of this entry »

November 17th, 2013 at 8:30 am

Posted in Legal Resource

Functions of Tort Law Cours

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Remember,

ex ante: the effect that decisions in this case will ahve on future behaviour (punish the tortfeasor).
ex post: ignores future behaviour, observes equitable distance between two parties (compensation of victims).

2 Functions of Tort Courts:

1) Determine Liability: who pays
2) Damages: how much they pay.

Read the rest of this entry »

November 11th, 2013 at 8:25 am

Posted in Legal Resource

Tort Law Approaches in Economics

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In tort law if you come from the perspective of the economist then judges behave ‘as if’ they were setting precedents that discourages negligent behaviour. There are two primary approaches:

1) ex ante: precedent used as deterrent,
2) ex post: used to compensate victims.

Read the rest of this entry »

November 3rd, 2013 at 1:16 pm

Posted in Legal Resource

Pictures of Your Slip & Fall

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What’s perhaps the greatest asset when seeking adequate compensation for a slip or fall injury? Quite simply it’s pictures. A picture in this case would be worth a 1000 words. Pictures from multiple angles, with measurement tools or comparison objects, close ups, even a landscape shot, there’s no shortage of how many pictures you can take of a scene.

Help yourself build a case by ensuring your ‘evidence’ is substantial. Read the rest of this entry »

August 6th, 2013 at 9:20 am

Posted in Injury & Insurance

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