Wrongful Death

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Related to Immunity from Suit: Governmental immunity

Wrongful Death

A claim that a person or organization is directly responsible for the death of a person. A wrongful death claim is brought in a lawsuit in a few common law jurisdictions, notably the United States, the United Kingdom and Australia. Wrongful death lawsuits are brought by relatives of the deceased. Some analysts believe these lawsuits are an easier way to punish suspected murderers because only a "preponderance of evidence" or a "balance of probabilities" (as opposed to "proof beyond a reasonable doubt") is required for a judgment. One prominent example of this occurred in the 1990s when former football player O.J. Simpson was found not guilty of murder but judged liable for wrongful death.
References in periodicals archive ?
the first layer of immunity, state and federal immunity from suit.
Charges do not appear to have actually been filed, as the UN threatened to invoke its immunity from suit before national courts.
This government enjoys the same immunity from suit possessed by the States.
Courts have not granted foreign governments immunity from suit in federal courts in like manner as it has provided immunity for the federal and state governments.
The States have no sovereign immunity from suits brought by the federal government.
The entitlement is an immunity from suit rather than a mere defense to liability; and like an absolute immunity, it is effectively lost if a case is erroneously permitted to go to trial.
government or the FBI for damages because of the federal government's sovereign immunity from suits seeking monetary damages against it, and therefore would be left without any remedy at all if he were not permitted to sue the individual federal agents involved, Malesko had an available remedy (under Bivens) against the individual CSC employees involved but failed to pursue it in a timely manner before the statute of limitations expired.
Farber is well aware of this; indeed, he dedicates the bulk of his analysis to examining the effects of transaction costs under alternative assumptions about Congress' and the states' relative preferences for abrogating and retaining the latter's immunity from suit, respectively.
This request would appear to qualify for an exemption from the immunity from suit provided to the states by Seminole Tribe.
The lower court had rejected the police officers' attempt to win qualified immunity from suit, ruling that their conduct had violated Wayman's right to privacy as protected by the Fourteenth Amendment.
It is a treasonable enterprise, in the broadest sense of the word, in respect of which ministers have no immunity from suit.
The court held that the sheriff was not entitled to qualified immunity from suit.