CAVEAT EMPTOR

Lat. 'buyer beware.' This rule used to generally apply to all sales, especially between individuals. It gives the buyer full responsibility for determining the quality of the goods in question. The seller generally has no duty to offer warranties or to disclose defects in the goods.

This concept has been modified by various state and federal laws as well as principles such as consumer protection and disclosure statutes and implied warranties

i.e., of use, safety, etc. However, such things may provide incentive and redress, but not full protection against miscreants, so it is best to always be cautious.

Let the purchaser take heed; that is, let him see to it that the title he is buying is good. This was/is a rule of the common law applicable to the sale and purchase of lands and other real estate. If the purchaser pay the consideration money he cannot, as a general rule in every case, recover it back after the deed has been executed; except in cases of fraud, or by force of some covenant in the deed which has been broken. The purchaser, if he fears a defect of title, has it in his power to protect himself by proper covenants and if he fails to do so the law provides for him no remedy.

This rule was severely assailed as being the instrument of falsehood and fraud; but it was too well established to be disregarded and is still operative in many situations.

source: https://lectlaw2.securesites.net/def/c018.htm

KKK to Pay $2.5M for Assault and Battery

After a three-day trial at the Meade County, Kentucky courthouse, a jury rendered their verdict against the Kentucky chapter of the Ku Klux Klan and its leaders in a case brought by a teenager who was severely beaten by two of the chapter's members. The civil rights attorneys are hopeful that the assault and battery convictions will bankrupt the chapter.

Compensatory and Punitive Damages

The Nov. 14 verdict ordered the following compensation to be paid to 19-year-old Jordan Grover:

• "Imperial Klans of America" - $1.5 million for his medical expenses and lost wages
  
• "Grand wizard" Ron Edwards - $1 million in punitive damages.

The judgment is active for 15 years, giving Gruver and his attorneys — the Southern Poverty Law Center (SPLC) — adequate time to pursue assets from the defendants.

KKK Lieutenants and Wizard Ordered to Pay

In 2006, former Klan "lieutenants" Andrew Watkins and Jarred Hensley beat Gruver, a Latino, breaking his jaw and causing permanent nerve damage to his arm. Watkins reached a settlement before the trial. Hensley represented himself at the trial, and will have to pay 40 percent of the compensatory damages, amounting to $600,000.

Property Will Be Seized

Wizard Edwards' real estate in Dawson Springs, Kentucky — which has served as the Klan's headquarters — will be targeted as part of the judgment for punitive damages, according to the lead SPLC attorney, Morris Dees. As Dees explained in his closing statement to the jury, "It's all about the money…if you stop the money, you'll cut the organization off."

Edwards, who also represented himself at the trial, says that he plans to appeal the verdict, and that the Klan will remain active. During the trial, he denied the charges and contended that his KKK chapter is not violent.

The current case echoes more than 10 other legal actions by the SPLC against hate groups. For example, in 1999, their lawsuit bankrupted the Aryan Nations, a white supremacist group.

source: http://www.criminal-law-lawyer-source.com/articles/kkk-assault-battery.html

Battery

Battery is the criminal offence whereby one party makes physical contact with another party with the intention to harm them. In order to constitute battery, an offense must be intentional and must be committed to inflict injury on another. Battery is different from a similar offense called assault. An assault is any attempt to threaten or attack another party. Physical contact is not required to constitute an assault.

Battery can be considered a criminal offense and it can also be considered an intentional tort in civil court. An intentional tort is a purposeful action that is intended to cause harm to another individual. Battery, or any other intentional tort, is valid grounds to seek relief through a civil case. Through a civil legal case, the victim of battery can seek monetary compensation for their damages from the person who committed the battery. This civil case exists separately from any criminal charges that have been brought against the offender.

There are different degrees of battery that indicate the severity of the offense. Simple battery may include any type of non-consensual, insulting, or harmful contact, regardless of the damage done. Domestic violence can involve battery that occurs between two parties who are related by some degree (familial or intimate relationships). Sexual battery is defined as any non-consensual physical contact that is sexual in nature.

These types of battery are most often prosecuted as misdemeanors, though charges depend on the state where the crime took place and the nature of the offense. Acts of simple battery can be considered more serious when similar acts have previously been committed against the same victim. In some states, a second or third conviction for battery against the same individual is a felony. In domestic violence cases, battery charges may not be dropped against an offender, even at the request of the victim.

Aggravated battery is a battery offense that involves some aggravating factor. This type of battery offense is typically considered a felony offense, and the perpetrator can face incarceration, fines, and many other punishments. For an offense to be considered aggravated battery one or more of the following factors may have been involved: the battery was committed against a protected person (a child, peace officer, or person over 65 years of age); the battery involved a weapon (whether use was real or threatened); the victim suffered significant injury (loss of limb or permanent damage); or the offense occurred in a public transit vehicle or station, school zone, or other protected place.

There are a few arguments that may be used to defend a person charged with battery. Lack of intent can be argued by the defendant in a battery case to contend that the injurious physical contact was an accident. A defendant may also argue that the battery was committed in self defense or the defense of others or property.

source: http://www.criminal-law-lawyer-source.com/terms/battery.html