What do you think are the most difficult types of claims for emotional damage to prove (types of lawsuits) and why? I think the most challenging type of tort is defamation of character because you have to prove actual harm. Elements of defamation involve a defamatory statement that is published to someone other than the plaintiff and the defendant. The plaintiff must prove that the defendant made such a statement and that they (the plaintiff) suffered as a result of the defamation such as loss of customers, being fired, and other financial harm which are seen as special damages. Once the plaintiff has proven defamation of the statement was “untrue” than general damages are presumed.
What are the most frequently expressed reasons for skepticism with regard …show more content…
The vast majority of prisons provide little or no prenatal care and no staff training regarding the needs of pregnant women. In treatment she would have access to addictive medicine as well as prenatal care since most drug treatment facilities have nurses, doctors, and others who are trained.
(B) Some argue that they should be charged with a crime because the woman was criminally culpable for her child 's condition. However, there are no states that have enacted a law that criminalizing drug use during pregnancy. In the state of CA opted for non-punitive approaches i.e. drug treatment. In California the statue indicates that if there is any indication of maternal substance abuse it shall lead to an assessment of the needs of the mother and child." However, that "a positive toxicology screen at the time of the delivery of an infant is not in and of itself a sufficient basis for reporting child abuse and neglect.
(C) I suppose in theory that the father or a relative could sue the mother for emotional damages. If the plaintiff can
What are the most frequently expressed reasons for skepticism with regard …show more content…
The vast majority of prisons provide little or no prenatal care and no staff training regarding the needs of pregnant women. In treatment she would have access to addictive medicine as well as prenatal care since most drug treatment facilities have nurses, doctors, and others who are trained.
(B) Some argue that they should be charged with a crime because the woman was criminally culpable for her child 's condition. However, there are no states that have enacted a law that criminalizing drug use during pregnancy. In the state of CA opted for non-punitive approaches i.e. drug treatment. In California the statue indicates that if there is any indication of maternal substance abuse it shall lead to an assessment of the needs of the mother and child." However, that "a positive toxicology screen at the time of the delivery of an infant is not in and of itself a sufficient basis for reporting child abuse and neglect.
(C) I suppose in theory that the father or a relative could sue the mother for emotional damages. If the plaintiff can