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By citing a Restatement section in a legal brief, a lawyer may bring to the attention of a judge a carefully studied summary of court action on almost any common law legal doctrine. The judge can then consider the Restatement section and make an informed decision as to how to apply it in the case at hand.
The volumes covering torts are part of the second Restatements of the Law series. It includes four volumes, with the first two published in 1965, the third in 1977 and the last in 1979. Section 402A of this Restatement, discussing strict liability for defective products, is by far the most widely cited section of any Restatement. [2]
The Florida First District Court of Appeal, also known as the First DCA, is headquartered in Tallahassee, Florida, the state capital.It is unique among the six Florida District Courts of Appeal in that, much like the U.S. Court of Appeals for the D.C. Circuit at the federal level, it handles most of the appeals in state administrative law matters.
When the District Court of an Appeal for the Second District first convened, its headquarters were in the old Florida Citrus Commission building in Lakeland. In 1980 a branch headquarters for the Second District was authorized and in that same year was established in Tampa where the court maintains an additional courtroom and where eight of the ...
The district courts of appeal (DCAs) are the intermediate appellate courts of the Florida state court system. There are currently six DCAs: The First District Court of Appeal is headquartered in Tallahassee; The Second District Court of Appeal is temporarily headquartered in Tampa until the Pinellas Courthouse is completed in St. Petersburg. [1]
The addition of the Florida Sixth District Court of Appeal in 2023 changed the caseload of the Fifth DCA. Previously, the Fifth DCA handled cases from the following counties and circuit courts: Lake, Marion, Sumter, Citrus & Hernando (Fifth Circuit); Volusia, Flagler, Putnam & St. Johns (Seventh Circuit); Orange & Osceola (Ninth Circuit); and ...
A Florida appeals court ruled on Thursday that lawsuits against the Marjory Stoneman Douglas High School resource officer at the time of the 2018 shooting in Parkland, Fla., can go to trial. The ...
Most American courts recognize res ipsa loquitur. The Restatement (Second) of Torts, § 328D describes a two-step process for establishing res ipsa loquitur. The first step is whether the accident is the kind usually caused by negligence, and the second is whether or not the defendant had exclusive control over the instrumentality that caused ...