Current through August 4, 2026. This article provides general wage-and-hour and payroll information, not legal or tax advice. Because no employer size, industry, collective-bargaining status, public-sector status, or federal-contract status is specified, the analysis assumes an ordinary private-sector employment relationship and, except where noted, an employee covered by the Fair Labor Standards Act and applicableContinueContinue reading “Hourly Employee Pay in the United States and North Dakota.”
Tag Archives: politics
North Dakota does not recognize a stand-alone “motion to reconsider” as a distinct procedural device.
When a party files such a motion, North Dakota courts treat it as either a motion to alter or amend a judgment under N.D.R.Civ.P. 59(j) or a motion for relief from judgment under N.D.R.Civ.P. 60(b), depending on the motion’s content, the grounds asserted, and the timing of filing. The principal post-judgment mechanisms available under NorthContinueContinue reading “North Dakota does not recognize a stand-alone “motion to reconsider” as a distinct procedural device.”
PRESS RELEASE
European Court of Human Rights Finds Moldova Violated Presumption of Innocence in Baștovoi v. Republic of Moldova Strasbourg, 2 July 2026 — The European Court of Human Rights (ECHR) has ruled in favor of Moldovan citizen and former Member of Parliament Andrei Baștovoi in the case of Baștovoi v. Republic of Moldova (Application no. 22126/15),ContinueContinue reading “PRESS RELEASE”
Hearsay Evidence under the Council of Europe Framework and ECtHR Case Law.
The European Convention on Human Rights does not codify a stand‑alone “hearsay rule” comparable to common‑law exclusionary doctrines. Instead, the European Court of Human Rights assesses whether admitting and relying on out‑of‑court statements (and other “untested” evidence) complied with the overall fairness requirement in Article 6 § 1, read together with the right to examine witnesses in Article 6ContinueContinue reading “Hearsay Evidence under the Council of Europe Framework and ECtHR Case Law.”
Intentional Offensive Touching as Battery.
1. The Legal Definition of Battery Battery is an intentional tort. It is established when the defendant intentionally causes a harmful or offensive contact with the plaintiff’s person, without consent or legal justification. The core elements are: Intent Contact Harmful or offensive nature of the contact Causation All four must be satisfied. 2. Intent DoesContinueContinue reading “Intentional Offensive Touching as Battery.”
Arrests and the Fourth Amendment: Federal Standards, Key Supreme Court Rulings, and State Variations.
Arresting a person is one of the most significant powers exercised by law enforcement, representing a grave deprivation of individual liberty. In the United States, this power is tightly regulated by constitutional principles and a framework of federal and state laws. The Fourth Amendment’s protection against unreasonable searches and seizures, applied to the states viaContinueContinue reading “Arrests and the Fourth Amendment: Federal Standards, Key Supreme Court Rulings, and State Variations.”
Doctrine: Assault.
1. Overview Assault is an intentional tort that protects a person’s mental tranquility and sense of personal security, not their physical integrity. Unlike battery, assault does not require physical contact. The tort is complete the moment the plaintiff is placed in a reasonable apprehension of imminent harmful or offensive contact. In short, assault punishes theContinueContinue reading “Doctrine: Assault.”
Doctrine: Discovery Rule.
1. General Principle Under the Discovery Rule, the statute of limitations in a tort action does not begin to run at the moment the defendant’s wrongful act occurs.Instead, the limitations period begins when the plaintiff discovers, or reasonably should have discovered, the injury and its causal connection to the defendant’s conduct. This doctrine operates asContinueContinue reading “Doctrine: Discovery Rule.”
Battery: Intentional Harmful or Offensive Contact — Physical Injury Is Not Required.
1. Core Definition of Battery Battery is an intentional tort that occurs when a defendant intentionally causes harmful or offensive contact with another person without lawful justification or consent. Crucially, physical injury is NOT an element of battery. What matters is: Intentional contact, and The contact is harmful OR offensive under the law. 2. ElementsContinueContinue reading “Battery: Intentional Harmful or Offensive Contact — Physical Injury Is Not Required.”
Exculpatory Clauses: Why They Bar Ordinary Negligence but Fail for Gross Negligence and Intentional Torts.
I. Introduction Exculpatory clauses—also known as liability waivers or releases—are contractual provisions through which one party seeks to limit or eliminate liability for future harm. These clauses are common in commercial contracts, recreational activities, transportation agreements, professional services, and consumer transactions. While courts generally permit exculpatory clauses to bar recovery for ordinary negligence, they drawContinueContinue reading “Exculpatory Clauses: Why They Bar Ordinary Negligence but Fail for Gross Negligence and Intentional Torts.”
Strict Products Liability for Failure to Warn.
When a Manufacturer Is Liable for Non-Obvious Dangers 1. Introduction In modern products-liability law, a manufacturer may be held strictly liable not only for defective design or manufacturing flaws, but also for failure to provide adequate warnings.This form of liability does not depend on negligence. Instead, it focuses on whether the product, as marketed, wasContinueContinue reading “Strict Products Liability for Failure to Warn.”
Doctrine: Sudden Emergency Rule.
Overview The Sudden Emergency Rule is a well-established principle in negligence law. It recognizes that a person who is suddenly confronted with an unexpected and dangerous situation—not of their own making—should not be judged by the same standard of calm, deliberate decision-making that applies under normal conditions. Instead, the defendant’s conduct is evaluated based onContinueContinue reading “Doctrine: Sudden Emergency Rule.”
Doctrine: Parasitic Emotional Distress.
1. Concept and Definition Parasitic emotional distress is a doctrine in tort law under which emotional distress damages are recoverable when they arise directly from a separate, established tort—most commonly physical injury or property damage caused by a defendant’s negligence. The emotional harm is described as parasitic because it does not exist as an independentContinueContinue reading “Doctrine: Parasitic Emotional Distress.”
Doctrine: The Firefighter’s Rule.
1. What Is the Firefighter’s Rule? The Firefighter’s Rule is a common-law doctrine in United States tort law that limits the ability of firefighters, police officers, and other professional first responders to recover damages for injuries caused by the very negligence that required their presence. In simple terms: A first responder cannot sue someone forContinueContinue reading “Doctrine: The Firefighter’s Rule.”
False Imprisonment: Unlawful Confinement Without Legal Authority
1. What Is False Imprisonment? False imprisonment is a serious civil wrong that occurs when one person intentionally restrains another person’s freedom of movement without lawful justification. The confinement may last seconds or hours — the law does not require prolonged detention. The core principle is simple: No one has the right to physically orContinueContinue reading “False Imprisonment: Unlawful Confinement Without Legal Authority”
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