m*********h
发帖数: 5449 | 1 【 以下文字转载自 Stock 讨论区 】
发信人: marketwatch (市场观察), 信区: Stock
标 题: 对付买买提语言暴力的法律办法
发信站: BBS 未名空间站 (Wed Sep 24 03:08:16 2014, 美东)
买买提语言暴力现象无法永久禁止，这是很不合理的现象。我猜测买买提的管理方式是
否已经违反了美国法律。
不过对攻击者本人还是有办法处理的。
There is a civil action called "intentional infliction of emotional distress
," which as its name implies, permits a person to sue another for outrageous
conduct intended to inflict, extreme mental distress.
However, in order to recover, the injured party must show damages (medical,
psychological hospital, costs, an associated physical injury requiring
mental health therapy). Otherwise, while the court can give judgment, no
damages can be assessed, so there is little point in filing suit.
The required proof for an IIED lawsuit is:
1. Defendant engaged in conduct directed at plaintiff;
2. Defendant's conduct was intentional or substantial certain to affect
Plaintiff;
3. Defendant's conduct was outrageous by ordinary community standards;
4. Plaintiff suffered extreme mental distress; and
5. Plaintiff was damaged as the result of that mental distress.
Re how much, the answer depends on how badly you were injured and how
outrageous the defendant's conduct was. Assuming severe injuries, such as
the inability to work, or hospitalization, clinical paranoia causing a lost
enjoyment of life, then the standard measurement is to calculate the losses
based upon what the defendant's life is worth times the number of days of
injury, and then add any out of pocket costs (medical, or mental health
therapy bills, lost wages, etc.).
Also, where the conduct is sufficiently outrageous, the jury can award
punitive damages to discourage future similar conduct -- which generally can
be up to three times the amount of the other/compensatory damages.
Calculating the value of your life is difficult to do. It's an art more than
a science, and requires an ability to convince a jury that your life is
extremely valuable. For example, you would have no trouble communicating to
a jury that the life of Albert Einstein was valuable. But, for the average
person, a jury may be unimpressed -- and that's where you need a great
attorney to convince the jury that the defendant should pay through the nose.
Let's say that you sell carpet and earn $50,000 per year on average. You
might be able to divide that by the number of days in the year, then by two,
to consider the fact that you have a life outside of work, then times 4 to
include punitive damages, then times the number of days of injury.
Given all of the above, you would have a claim for around $1,000 per day of
injury.
小将们攻击的人收入越高，他们的赔偿越高。如果小将攻击了基金经理，基金经理去看
心理医生的过程中，账面损失了五百万刀，这小将就自求多福了。 |
|
