Civil Suit Against a Spouse - Essay Example

According to Illinois penal codes (Ch. 40, par. 1001), a married man or woman can sue or be sued, in all cases, by his or her wife. In addition, there is no defense in saying that the person to whom the tort has been perpetrated is your spouse. Section 40 declares that a judgment action shall be enforced against the spouse in disregard of marital condition, (Martin, 127). This law is applied across the US.

Can a spouse be subject to civil action for posting photographs online which were taken without the knowledge or consent of the other spouse?

This law case arises from the Private Act of 1996 which was enacted across America. According to the Act, violation of privacy is a tort that is actionable even when evidence of damage is not available. In this case, the litigant is charged with the responsibility of proofing that the tort perpetrator willfully and without claim of consent violates the privacy of another (Martin, 131).

The Act further provides that "………the degree and nature of privacy to which a person is entitled to in a circumstances or about a matter is that which is rational in the state of affairs, giving due consideration to the lawful interests of others .…” (Martin, 2013, p.127).

When deciding whether the conduct or act is a violation of another person’s privacy, attention must be given to the incidence, nature, and occasion of the conduct and any household or other relationship existing between the parties. In this case, the parties concerned are spouses and hence the litigation will be mitigated to divert to the fact that there exists insignificant privacy between a person and their spouse (Martin, 150). Therefore, this case is immaterial.

Case brie gives a summary of legal facts in a given case. Case briefing sharpens analytic skills and intensifies understanding of the role of legal proceedings in defining, deducing, and applying legal principles.

Importance of Case brief:
- It brings the facts of a particular case back to remembrance in a short time, for whatever reason, including court proceedings or classroom discussion.
- Allows a lawyer of a law student to extract from a judicial verdict as future precedent. In this case, a case brief will be useful for a future case with the same legal matter.
- Allows for smoother and easier review of a given area of law.