Under Pennsylvania Law, The Dram
Shop Law, 47 P.S. Sections 4-493.1 state that any business “violates the
law to sell, give, or provide liquor or drinks that are tampered with or
brewed, or to allow alcoholic or brewed or alcoholic beverages to be sold,
supplemented or given to people who appear drunk “Button.
Furthermore, the Statute Law and
the Case Law require that serving people who appear to be drunk must be the
cause of injury or damage. “Cause” successfully suing the bar means
there must be a causal relationship between the presentation of the drunk
driver and the cause of the injury. For example, where a bar serves someone who
looks drunk then the person gets into his car and the rear ends 10 minutes
later, there is a possible “cause” of damage to be able to sue the
bar in a civil case and recover. The further in time to when the injury occurs,
makes proof of cause to sue a bar less likely or clear. It need not be the only
cause, but “a” cause that without it, would render the injury/damages
less likely to occur.
So, in a situation where a person
leaves a bar, then causes injury to himself or another person, the bar can be
found responsible for civil damages. The damages can include: bodily injury,
pain and suffering, wage loss, medical bills, consortium claim of a spouse,
loss of life’s enjoyment, future lost earnings.
The key question about whether
you can successfully sue the bar for serving a drunk driver, is being able to
prove that the bar served the drunk driver while he was visibly intoxicated.
This can be proven by direct evidence such as eyewitnesses at the bar (for
example: other patrons, persons who the drunk driver was with, the bar
Race is something to be
celebrated and luxuriated in. One of the loveliest things about living in
Australia is the rich blend of so many different cultures, all of which can
enhance our society. There’s the potential for maintaining a very traditional
cultural approach, which is resistant to blend because of its maintaining the
traditions; there’s the potential for mingling to come up with something which
is a bit like a many-culture stew; there’s any range between those two.
The option of racial and cultural elements
The Marriage Celebrant can check
with both bride and groom about what their cultural background is –
demonstrating appreciation of the many different beauties people can display.
Bridal couples have some wonderful options about incorporating elements from
their racial traditions into the ceremony – if they want.
The only “must have”
elements in a civil marriage ceremony are the minimum legal words spoken by
them and spoken by the Marriage Celebrant, and the signing of the register
witnessed by the Celebrant and two witnesses over 18. The bride and groom are
free to use western traditions, eastern traditions, traditions from Africa,
aboriginal traditions, Polynesian traditions, whatever they wish.
European and non-European aspects
European traditions are a rich
treasure source for weddings, and so are non-European traditions. The couple
have full control over the decision-making, bar the legal requirements. The
Marriage Celebrant should be happy to research any theme or culture the couple
want to use in their wedding ceremony, and present that information to them so
that they can approve or edit any theme and custom for their wedding.
The exchange of rings is a very
significant European tradition, as is the wearing of a white wedding gown.
French weddings incorporate use of the colour “white” even further.
A tradition which often causes
Many couples are choosing to get
married with a civil celebrant today. This is an important day in your life and
you want it to be perfect. Every part of the big day should be personalised to
be exactly what you want. If you don’t want to get married in the church, you
do have the option to go with a civil celebrant. If you’re not sure that this
is the right thing for you, here are a few things that you need to keep in
First, you may want to consider
the cost. Will it be more or less expensive if you go with a civil celebrant?
Usually you’ll find that the price of both is about the same. So, the price is
not something that will have a big impact on this choice.
Excellent for Interfaith Marriages
There are many couples that come
from different faiths and cultures and sometimes it can be difficult to
accommodate traditions from both sides, especially if going with a marriage
that takes place in a church. However, with civil celebrants, usually you can
go without any traditions or you can choose to have traditions from both
religions or cultures into the ceremony. This can allow you to have a ceremony
that celebrates both of your faiths and heritages.
Personalise Your Wedding
Perhaps you want to plan out your
entire ceremony. Maybe you want to write the vows that you both will speak and
design everything that is said within your wedding. Many churches will not
allow this, which is where a civil celebrant can be helpful. Usually you can
choose to have the vows you want and the ceremony exactly the way you have
dreamed when you make this choice.
Other Marriage Sites
Not everyone wants to get married
The American justice system is
unique in the world, as the 5th amendment clearly states that no person shall
be prosecuted twice for the same crime. This is important, as it prevents the
government from punishing someone found not guilty of a crime by continually
trying them in order to get the results it desires.
Most people then think that if
someone is acquitted in a criminal case, that is the end of the story and
justice has been served. This is true in the strictest sense of the law, as the
5th amendment prevents the government from trying someone again in a criminal
setting for criminal punishment.
What that doesn’t mean is that you
can’t sue someone that killed someone you love in a drunk driving accident in a
civil court. Civil courts cover the realm of law that deals with interactions
between people, and if someone you love was killed in a DUI accident you can
often sue the person responsible for wrongful death or other associated claims.
There have been many famous cases
where this aspect of the law has been applied, and not just in DUI accident
situations. Perhaps the most famous one is the O.J. Simpson trial. While the
criminal courts found him not guilty of the murder of his two victims, a civil
court found him responsible for their wrongful deaths, and awarded their
families a significant financial settlement to compensate them for their loss
and pain and suffering.
If this seems like a
contradiction, it’s not. The law looks at it as if the criminal aspect and the
personal aspect of a certain act as two separate parts of one whole. The
criminal courts did not prove that the person in question acted criminally, and
thus they have no legal ability to punish …
You want to win big in court. Guess what – so does the other
side! They may not have your tools, though.
When you go to court, you have only one thing you want at
the end of the case – a court order.
Everything else is fluff and filling. If you go into court
with a complaint against your neighbor and you spend a lot of time talking
about the angry looks he gave you while you walked your dog or his pot shots at
your kids when they went past his property, if these are not part of your
petition, you are setting yourself up to lose.
You need to keep your eye on the ball, so to speak.
A complaint in law has certain specifications identified in
the law. For instance, if you want to bring a complaint regarding someone
taking your property and using it as though it was his own and preventing you
from using it, which materially affected you so you can set a monetary value to
the damages, this is called “conversion.”
To prove conversion in court, you must establish that the
property is yours, that the property was deliberately taken and used by the
defendant, that you were deprived of the property and its use, and this
deprivation was damaging to you. These four elements must be present to prove
If you go to court and instead spend all your time talking
about how rude the guy was, but do not prove either that the property was yours
or that he refused to allow you the use of it, you have wasted your time in
court and he could very well win this case. All he really has to do is deny
your allegation and the burden of proof is …