Oregon digest 2d : covering cases from state and federal courts

by West Group

Other authorsWest Publishing Company (Author)
Print book, c2011

Status

Available

Call number

KFO2447.1 .O74

LCC

KFO2447.1 .O74

Barcode

2000000464

Publication

St. Paul, Minn. : West Group

Physical description

(various pagings) p.; 27 cm

Local notes

Oregon digest 2d : covering cases from state and federal courts volume 13 contents: Death. I. Evidence of death. 1. Presumption as to continuance of life. 2. Presumption as to death from absence. 3. Admissibility of evidence as to death. 4. Weight and sufficiency of evidence as to death. II. Evidence of survivorship. 5. Presumptions as to survivorship. 6. Evidence as to survivorship. III. Actions for causing death. (A) Right of action and defenses. 7. Nature and form of remedy. 8. What law governs. 8.5. Preemption. 9. Constitutional and statutory provisions. 10. Survival of right of action of person injured. 11. Creation of new cause of action. 12. Grounds of action. 13. --- In general. 14. --- Nature of act or omission causing death. 15. --- Right of action of person injured. 16. ---- Instantaneous death. 17. ---- Proximate cause of death. 18. ---- Loss or injury resulting from death. 19. Conditions precedent. 20. Defenses. 21. --- In general. 22. --- Negligence of fellow servant of deceased. 23. --- Contributory negligence of deceased. 24. --- Contributory negligence of plaintiff or beneficiary. 25. --- Satisfaction or release. 26. --- Pendency of other action. 27. --- Former recovery. 28. Abatement or survival on death of party. 28.1. --- In general. 29. ---- Death of plaintiff or beneficiary. 30. --- Death of defendant. 31. Persons entitled to sue. 32. Persons for whose benefit suit may be maintained. 33. Persons liable. (B) Jurisdiction. 34. Jurisdiction of cause of action. 34.1 --- In general. 35. ---- Actions under laws of other state or foreign country. (C) Venue. 36. Venue. (D) Limitations. 37. Application of general statutes of limitations. 38. Special limitations. 39. Computation of period of limitation. (E) Parties. 40. Plaintiffs. 41. --- In general. 42. ---- Joinder. 43. Defendants. 44. Intervention, addition, or substitution of parties. (F) Pleading. 45. Declaration, complaint, or petition. 45.1 -- In general. 46. --- Form and requisites in general. 47. --- Act or omission causing death. 48. ---- Statute giving right of action. 49. --- Existence of beneficiaries. 50. --- Appointment of personal representative. 51. --- Compliance with statutory requirements. 52. --- Damages. 53. Indictment. 54. Plea or answer. 55. Amended and supplemental pleadings. 56. Bill of particulars. 57. Issues, proof, and variance.(G) Evidence. 58. Presumptions and burdens of proof. 59. Admissibility of evidence. 60. --- In general. 61. --- Cause of death. 62. --- Dying declarations. 63. --- Injuries to deceased. 64. --- Loss or injury resulting from death. 65. ---- Expectancy of life of deceased. 66. ---- Health and physical condition of deceased. 67. --- Earning capacity of deceased. 68. ---- Character and habits of deceased. 69. ---- Domestic relations of deceased. 70. --- Pecuniary condition of deceased. 71. --- Expectancy of life of plaintiff or beneficiary. 72. --- Pecuniary condition of plaintiff or beneficiary. 73. --- Pecuniary condition of defendant. 74. Weight and sufficiency of evidence. 75. --- In general. 76. --- Cause of death. 77. --- Damages. (H) Damages or compensation. 78. Compensation for loss or injury resulting from death in general. 79. Nominal damages. 80. Elements of compensation. 81. --- In general. 82. --- Suffering of deceased. 83. --- Pecuniary losses to deceased. 84. ---- Medical and funeral expenses. 85. --- Pecuniary loss to plaintiff or beneficiary in general. 86. --- Loss of prospective pecuniary benefits. 87. --- Loss of services. 88. --- Loss of society. 89. ---- Mental suffering or emotional distress of plaintiff or beneficiary. 90. Aggravation of damages. 91. Mitigation or reduction of damages. 92. Interest on damages. 93. Exemplary damages. 94. Measure and amount awarded. 95. --- In general. 96. ---- Statutory limitations. 97. --- Discretion of jury. 98. --- Inadequate damages. 99. --- Excessive damages. 100. Fines. 101. Apportionment and distribution of amount recovered. (I) Trial. 102. In general. 103. Questions for jury. 104. Instructions. 105. Verdict and findings. 106. New trial. (J) Judgment. 107. In general. (K) Review. 108. In general. (L) Costs. 109. In general. Includes preface, abbreviations of courts, outline of the law, digest topics and abbreviations, a table of contents and the current cumulative annual pocket part.

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