"The tort of intentional infliction of emotional distress is a relatively new tort; however, it is recognized in a number of jurisdictions.
A plaintiff may recover damages if he or she can prove that the defendant intentionally inflicted the emotional distress. The tort is used most often in situations where the plaintiff was threatened with the use of physical force, but never actually suffered physical injuries. For instance, if the defendant threatened to assault the plaintiff, yet never actually did, the plaintiff may still have suffered considerable emotional distress damages as a result of the threat. In order to receive compensation for any of the emotional distress torts, a plaintiff must first file a lawsuit against the defendant. Once the lawsuit has been filed, the parties may be able to work out a settlement for emotional distress damages outside of court. If a settlement is not agreed upon outside of court, then a trial will be necessary. At trial, the plaintiff will need to present evidence that he or she was emotionally traumatized by the defendant's conduct. Witness testimony, medical records, and diary or journal entries are often good sources of evidence to prove emotional distress."
http://m.wisegeek.com/how-do-i-seek-emotional-distress-damages.htm
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"How to Sue for Emotional DistressTo file a lawsuit, you generally need to show “damage” of some sort. First you prove that you were harmed by someone else, and that they should be held responsible. Then you attempt to set a monetary value on the harm you have sustained (compensatory damages), and in some cases, to show that the defendant should pay an additional amount as punishment (punitive damages).
As we all know, others can harm us both physically and emotionally; and sometimes, the latter can be worse than the former.
Can you, therefore, sue for emotional distress? The answer is yes. However, such lawsuits can be tricky. If you are suing only for emotional distress, you will probably have an uphill battle. First of all, recoverable damages in such cases are usually relatively low. Because bogus claims in this area are common–and difficult to prove–courts are generally suspicious of “stand alone” emotional distress claims. This doesn’t make them impossible–only difficult.The situation becomes easier when physical harm or illness has been caused. When a visible physical impairment can be shown to be the direct result of someone else’s action or product, it is much easier to then convince the court that emotional distress has been caused as an outgrowth. Also, you may be able to demonstrate, and collect damages for, loss of earnings or earnings capacity as well as for physical pain and suffering."
http://www.howtosue.org/suing-for-emotional-distress/
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Also..
http://m.wisegeek.com/how-do-i-prove-emotional-distress.htm
defender of truth
JoinedPosts by defender of truth
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47
A precious gift to all from Jehovah (channelled via Focus)
by Focus insome souls here may feel i was a little harsh.
if so, i am deeply sorry.
i was abused by a handful right from the start, presumably on the basis of the avatar picture (and 2001 vintage).. when visiting dubland, i often find that others start fights with me - for whatever reason, and i provide quite a supply of them - and when it doesn't quite go the way they expected, they cry persecution.
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defender of truth
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This will be a GREAT organization!
by Kensho inwhen...... 1) we follow christ example not the gb.
2) stop df'ing those for challenging current or past doctrine and allow us to use our god given gift of reason and free wil.
sure kick out the scumbags even the lions club have rules for membership, but not those who just use their brains and consience.. 3) get rid of the nonsensical blood teaching that has cost the lives of thousands and beg god for forgiveness.
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defender of truth
ADCMS: "Take a Pioneer off the list and see if they continue to put in Pioneer hours. Without the title to go along with the "self-sacrifice", no JW will expend the effort...ever. "
Amen to that. I always wondered what was the point in giving people a title such as 'pioneer'. Obviously it is a motivator, love of God just ain't enough.
ADCMS said:"No JWs...donate to charities."
Just have to point out, that is completely untrue. I have done, and still do. So do some of my friends and family that are Witnesses. No need to exaggerate, you're more intelligient than that. -
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Would it be possible to get notifications of replies, to Topics we've subscribed to, in the future?
by defender of truth ini'm not complaining, jwn is an excellent research and discussion site, and easy to use.
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it's just that i feel i have to scroll back through pages of threads every day to see who, if anyone, has replied to me.. only asking, thank you for your hard work, simon and the mods..
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defender of truth
Of course I know that.. I have a really old phone which loads pages up in segments, even just going through the process of 'click my name, topics posted on etc' takes ages and is a bit tedious. But I mainly started the thread because someone mentioned to me that it would be good to have a notification feature, many people don't check their old threads and miss replies.
Thanks anyway. -
47
A precious gift to all from Jehovah (channelled via Focus)
by Focus insome souls here may feel i was a little harsh.
if so, i am deeply sorry.
i was abused by a handful right from the start, presumably on the basis of the avatar picture (and 2001 vintage).. when visiting dubland, i often find that others start fights with me - for whatever reason, and i provide quite a supply of them - and when it doesn't quite go the way they expected, they cry persecution.
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defender of truth
" Intentional Infliction of Emotional Distress
*.The wrongdoers conduct must be intentional or reckless
*.The conduct must be outrageous and intolerable
*.There must be a connection between the wrongdoer's conduct and the emotional distress
*.The emotional distress must be severe
*.To be successful in a lawsuit, the distress must be very extreme or outrageous "
http://www.legalmatch.com/law-library/article/emotional-distress.html
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" Cases without any physical harm
If the incident suffered by the victim is only on an emotional level, then recovering emotional distress damages will become quite difficult. Lawsuits that are filed in courts under such scenarios are for internal infliction of emotional distress.
The only reason, which makes it hard for a person to receive emotional distress damages for incidents that did not involve any physical violence is having to prove the intentions of the defendant’s actions. It is required to be proven that, the defendant’s actions were both extreme and outrageous.
Short note on emotional distress lawsuit
One such scenario is where a person threatens to attack you with a weapon. Even though no such attack occurs, it is obvious that the behavior of the other person is outrageous, based on which you can file a lawsuit.
These are some of the important bits of information that you should be aware of regarding emotional distress lawsuits. Winning such lawsuits will entitle you to emotional distress damages. "
http://lawyergeneral.com/category/emotional-distress-lawsuit/ -
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Would it be possible to get notifications of replies, to Topics we've subscribed to, in the future?
by defender of truth ini'm not complaining, jwn is an excellent research and discussion site, and easy to use.
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it's just that i feel i have to scroll back through pages of threads every day to see who, if anyone, has replied to me.. only asking, thank you for your hard work, simon and the mods..
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defender of truth
I'm not complaining, JWN is an excellent research and discussion site, and easy to use.
It's just that I feel I have to scroll back through pages of threads every day to see who, if anyone, has replied to me.
Only asking, thank you for your hard work, Simon and the mods. -
6
Need info on the 3 year elder rule.
by BU2B inso i have read that if an elder commited porneia (or other serious sin) while serving and it came to light years later, he would not necisarily be removed.
i mentioned this to my wife a while back, and she refused to believe it.
is this policy still in effect?
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Need info on the 3 year elder rule.
by BU2B inso i have read that if an elder commited porneia (or other serious sin) while serving and it came to light years later, he would not necisarily be removed.
i mentioned this to my wife a while back, and she refused to believe it.
is this policy still in effect?
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51
Poor Animals
by HeyThere inwow.
the bible really is something else.
i believe i am becoming athiest.
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defender of truth
Vidqun:"He hasn't taken anybody out of the situation, except Enoch and Elijah who were exceptions."
In Exodus, God delivered his people from inescapable slavery to the Egyptians, into a prosperous nation. He didn't just leave them to it.
Vidqun:"Well, at least I can prove my belief."
To back up this claim, can you start a thread and show, or at least highlight where we can find, the proof? -
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Poor Animals
by HeyThere inwow.
the bible really is something else.
i believe i am becoming athiest.
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defender of truth
Vidqun:"..criticizing Biblical sacrifice. And how many animals are we killing off every day for food?"
Yes, for food. Not for an invisible person that enjoys the sight of people burning animal corpses in His name.
Whether we should all live on vegetables is another topic. This topic concerns excessive and needless death that was not of any practical value, or necessary to feed your family.
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Vidqun:"How many are killed off by hunters?"
Hunting can be carried out for many reasons, but I'll assume you mean illegal poaching or killing merely for sport. Many people would agree that such hunting is wrong, and unnecessary to survival.
Gods morality should be higher than such wrong actions. Why did the God of the Bible require people to kill animals, who had done nothing wrong, merely to show that they were sorry for what they had done?
If a neighbour had offended or wronged you in some way, would you expect him to kill his dog and grill it on the front lawn to show he was sorry? Or would an apology and maybe a nice card suffice? -
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The Ravings of Trolls Distracts FOCUS From Real Watchtower Scandals
by cofty inmy thread was inspired by gentledawn's insightful comment about the effect the events in wales had on her jw husband.... hope any lurkers out there can filter out the signal (storys and experiences like this) to noise (the current trolls running amok on the forums) ratios.
this the problem with those who focus on outrageous fantasies about the watchtower.
it distracts from the real issues that need to be highlighted.. what happened in wales was for real.
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defender of truth
I shouldn't really have called him self-obsessed, that was uncalled for. I apologise.
This is where the Focus should be at the moment:
"Now, I address everyone.
That was then. Now is now, and help is needed.
I returned "here", after a gap of a dozen years, solely to find recruits in the second phase of the war (we won the first - domination of cyberspace), which is to hold the WTS legally (i.e. financially) accountable for her transgressions, the damage to the mental health and happiness of many millions (not just limited to members).
This might even kill her off..."
http://www.jehovahs-witness.net/jw/friends/281308/1/A-precious-gift-to-all-from-Jehovah-channelled-via-Focus#.U7Sdy12t-o8