reglab/housing_qa huggingface dataset:
MS Code § 11-1-59 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 1 - Practice and Procedure Provisions Common to Courts|§ 11-1-59. Damages in medical malpractice actions

 In any action at law against a licensed physician, osteopath, dentist, hospital, nurse, pharmacist, podiatrist, optometrist or chiropractor to recover damages based upon a professional negligence theory, the complaint or counterclaim shall not specify the amount of damages claimed, but shall only state that the damages claimed are within the jurisdictional limits of the court to which the pleadings are addressed and whether or not the amount of such damages is ten thousand dollars ($10,000.00) or more, or such other minimum amount as shall be necessary to invoke federal jurisdiction if the action is brought in federal court.
MS Code § 11-1-60 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 1 - Practice and Procedure Provisions Common to Courts|§ 11-1-60. Limitation on noneconomic damages in medical malpractice actions; definitions

  For the purposes of this section, the following words and phrases shall have the meanings ascribed herein unless the context clearly requires otherwise:   "Noneconomic damages" means subjective, nonpecuniary damages arising from death, pain, suffering, inconvenience, mental anguish, worry, emotional distress, loss of society and companionship, loss of consortium, bystander injury, physical impairment, disfigurement, injury to reputation, humiliation, embarrassment, loss of the enjoyment of life, hedonic damages, other nonpecuniary damages, and any other theory of damages such as fear of loss, illness or injury. The term "noneconomic damages" shall not include punitive or exemplary damages.   "Actual economic damages" means objectively verifiable pecuniary damages arising from medical expenses and medical care, rehabilitation services, custodial care, disabilities, loss of earnings and earning capacity, loss of income, burial costs, loss of use of property, costs of repair or replacement of property, costs of obtaining substitute domestic services, loss of employment, loss of business or employment opportunities, and other objectively verifiable monetary losses.       In any cause of action filed on or after September 1, 2004, for injury based on malpractice or breach of standard of care against a provider of health care, including institutions for the aged or infirm, in the event the trier of fact finds the defendant liable, they shall not award the plaintiff more than Five Hundred Thousand Dollars ($500,000.00) for noneconomic damages.   In any civil action filed on or after September 1, 2004, other than those actions described in paragraph (a) of this subsection, in the event the trier of fact finds the defendant liable, they shall not award the plaintiff more than One Million Dollars ($1,000,000.00) for noneconomic damages.  It is the intent of this section to limit all noneconomic damages to the above.    The trier of fact shall not be advised of the limitations imposed by this subsection (2) and the judge shall appropriately reduce any award of noneconomic damages that exceeds the applicable limitation.     Nothing contained in subsection (1) of this section shall be construed as creating a cause of action or as setting forth elements of or types of damages that are or are not recoverable in any type of cause of action.
MS Code § 11-1-61 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 1 - Practice and Procedure Provisions Common to Courts|§ 11-1-61. Expert witness in action against physician

 In any action for injury or death against a physician, whether in contract or in tort, arising out of the provision of or failure to provide health care services, a person may qualify as an expert witness on the issue of the appropriate medical standard of care if the witness is licensed in this state, or some other state, as a doctor of medicine.
MS Code § 11-1-62 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 1 - Practice and Procedure Provisions Common to Courts|§ 11-1-62. Protection of medical professionals who prescribe FDA approved drugs

 In any civil action alleging damages caused by a prescription drug that has been approved by the federal Food and Drug Administration, a physician, optometrist, nurse practitioner or physician assistant may not be sued unless the plaintiff pleads specific facts which, if proven, amount to negligence on the part of the medical provider. It is the intent of this section to immunize innocent medical providers listed in this section who are not actively negligent from forum-driven lawsuits.
MS Code § 11-1-66 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 1 - Practice and Procedure Provisions Common to Courts|§ 11-1-66. Immunity of premise owners from civil liability in certain circumstances

 No owner, occupant, lessee or managing agent of property shall be liable for the death or injury of an independent contractor or the independent contractor's employees resulting from dangers of which the contractor knew or reasonably should have known.
MS Code § 11-1-66.1 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 1 - Practice and Procedure Provisions Common to Courts|§ 11-1-66.1. Landowners Protection Act; limitation of liability of landowners for certain injuries of invitees injured on landowner's property

  This section shall be known and may be cited as the "Landowners Protection Act."   For any premises-liability actions brought under the laws of the State of Mississippi, no person who owns, leases, operates, maintains, or manages commercial or other real property in the State of Mississippi and no director, officer, employee, agent or independent contractor acting on behalf of any such person shall be civilly liable to any invitee who is injured on said property as the result of the willful, wanton or intentional tortious conduct of any third party who is not a director, officer, employee or agent of the person who owns, leases, operates, maintains or manages such commercial or other real property unless the injured party can prove by a preponderance of the evidence that:   The conduct of said third party occurred on the property;   The conduct of the person who owns, leases, operates, maintains or manages the property actively and affirmatively, with a degree of conscious decision-making, impelled the conduct of said third party; and   The third party's conduct proximately caused the economic and noneconomic damages suffered by the injured party.     For any civil actions brought under the laws of the State of Mississippi for the purpose of alleging liability for the injury of an invitee as described in subsection (2) of this section, an atmosphere of violence shall only be established by similar violent conduct:   Which occurred three (3) or more times within three (3) years before the third party act at issue;   Which took place only on the commercial or other real property where the acts of the third party occurred; and   Which are based upon three (3) or more separate events or incidents that resulted in three (3) or more arraignments of an individual for a felony involving an act of violence.     For any civil actions brought under the laws of the State of Mississippi for the purpose of alleging liability for the injury of an invitee as described in subsection (2) of this section, civil liability may not be based on the prior violent nature of the third party whose acts or omissions proximately caused the claimed injury or damage unless the person who owns, leases, operates, maintains or manages the property has actual, not constructive, knowledge of the prior violent nature of said third party.   If any provision of this section or its application to any person or circumstance is held unconstitutional or otherwise invalid, the remainder of this section or the application of the provision to other persons or circumstances is not affected.   Nothing in this section shall be construed to alter the provisions of Section 97-3-15.   For purposes of this section, "premises-liability action" means a civil action based upon the duty owed to someone injured on a landowner's premises as a result of conditions or activities on the land.
MS Code § 11-1-67 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 1 - Practice and Procedure Provisions Common to Courts|§ 11-1-67. Authority to sue traders in firearms reserved to state

  The authority to bring an action against any firearms or ammunition manufacturer, distributor or dealer duly licensed under federal law on behalf of any governmental entity created by or pursuant to an act of the Mississippi Legislature or the Mississippi Constitution of 1890, or any department, agency or authority thereof, for damages, abatement, injunctive relief or any other relief or remedy resulting from or relating to the lawful design, manufacture, distribution or sale of firearms, firearm components, silencers, ammunition or ammunition components to the public, shall be exclusively reserved to the state. This section shall not prohibit a political subdivision from bringing an action against a firearm or ammunition manufacturer, distributor or dealer for breach of contract or warranty as to firearms or ammunition purchased by the political subdivision, or for injuries resulting from a firearm malfunction due to defects in materials or workmanship.   "Political subdivision" and "governmental entity" shall have the meanings ascribed in Section 11-46-1.
MS Code § 11-1-69 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 1 - Practice and Procedure Provisions Common to Courts|§ 11-1-69. Prohibition of hedonic damages in civil actions

  In any civil action for personal injury there may be a recovery for pain and suffering and loss of enjoyment of life. However, there shall be no recovery for loss of enjoyment of life as a separate element of damages apart from pain and suffering damages, and there shall be no instruction given to the jury which separates loss of enjoyment of life from pain and suffering. The determination of the existence and extent of recovery for pain and suffering and loss of enjoyment of life shall be a question for the finder of fact, subject to appellate review, and the monetary value of the pain and suffering and loss of enjoyment of life shall not be made the subject of expert testimony.   In any wrongful death action, there shall be no recovery for loss of enjoyment of life caused by death.
MS Code § 11-1-71 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 1 - Practice and Procedure Provisions Common to Courts|§ 11-1-71. Immunity of medical personnel who provide volunteer service in school programs

  Any licensed physician, certified nurse practitioner, psychologist or physician assistant who voluntarily provides needed medical or health services to any program at an accredited school in the state without the expectation of payment shall be immune from liability for any civil action arising out of the provision of such medical or health services provided in good faith on a charitable basis. This section shall not extend immunity to willful acts or gross negligence. Except in cases of rendering emergency care wherein the provisions of Section 73-25-37, Mississippi Code of 1972, apply, immunity under this section shall be extended only if the physician, certified nurse practitioner, psychologist or physician assistant and patient execute a written waiver in advance of the rendering of such medical services specifying that such services are provided without the expectation of payment and that the licensed physician or certified nurse practitioner, psychologist or physician assistant shall be immune as provided herein.   Any physician who voluntarily renders any medical service under a special volunteer medical license authorized under Section 73-25-18 without any payment or compensation or the expectation or promise of any payment or compensation shall be immune from liability for any civil action arising out of any act or omission resulting from the rendering of the medical service unless the act or omission was the result of the physician's gross negligence or willful misconduct. In order for the immunity under this subsection to apply, there must be a written or oral agreement for the physician to provide a voluntary noncompensated medical service before the rendering of the service by the physician.
MS Code § 11-3-3 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 3 - Practice and Procedure in Supreme Court|§ 11-3-3. Appeals in some cases returnable at any time

 Appeals from judgments against persons deprived of their liberty in cases of habeas corpus, and from judgment on informations in the nature of quo warranto to try the right to a public office, whether state, district, county, or municipal, and in actions of mandamus where the public interest is concerned, and in cases at law or in chancery involving taxes claimed by the state, county, or municipality, may be returnable before the Supreme Court immediately, without reference to the return days for other appeals; and when the transcript of the record of the case shall be filed in the office of the clerk of the Supreme Court, the appellee having been summoned to appear and answer the appeal, ten days after service of the summons on him or his attorney, the court shall consider such cases as entitled to be heard without regard to the district from which they are brought, and in preference to all civil cases, and they shall be heard and disposed of with all convenient speed.
MS Code § 11-3-5 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 3 - Practice and Procedure in Supreme Court|§ 11-3-5. Appeal not to fail for certain irregularities

 An appeal to the Supreme Court shall not be dismissed for want of jurisdiction because of a defect in the application for appeal, or in the bond, or because an insufficient amount was paid to prepay the costs or because of any failure by an officer to comply with the requirements of law in reference to appeals; but all defects and irregularities may be cured by amendment so as to perfect the appeal and obtain the judgment of the Supreme Court in the case; but the court may dismiss an appeal for a failure of the appellant to do, within a reasonable time, what may be necessary to perfect his appeal.
MS Code § 11-3-7 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 3 - Practice and Procedure in Supreme Court|§ 11-3-7. Cases heard at return term; judgment

 In case the judgment, sentence or decree of the court below be reversed, the Supreme Court shall render such judgment, sentence or decree as the court below should have rendered, unless it be necessary, in consequence of its decision, that some matter of fact be ascertained, or damages be assessed by a jury, or where the matter to be determined is uncertain; in either of which cases the suit, action or prosecution shall be remanded for a final decision; and when so remanded shall be proceeded with in the court below according to the direction of the Supreme Court, or according to law in the absence of such directions.
MS Code § 11-3-9 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 3 - Practice and Procedure in Supreme Court|§ 11-3-9. No reversal or annulment for want of jurisdiction

 A judgment or decree in any chancery or circuit court rendered in a civil case, shall not be reversed or annulled on account of want of jurisdiction to render the judgment or decree.
MS Code § 11-3-11 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 3 - Practice and Procedure in Supreme Court|§ 11-3-11. Voluntary dismissal of appeal

 If an appellant shall voluntarily dismiss his appeal after the transcript of the record has been filed in the Supreme Court, he shall be liable to judgment by said court as in case of an affirmance of the judgment or decree.
MS Code § 11-3-15 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 3 - Practice and Procedure in Supreme Court|§ 11-3-15. Effect of dismissal

 After the dismissal of an appeal or supersedeas by the Supreme Court, another appeal or supersedeas shall not be granted in the same cause, so as to bring it again before the court.
MS Code § 11-3-21 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 3 - Practice and Procedure in Supreme Court|§ 11-3-21. Motion to discharge supersedeas in certain cases

 A motion to discharge a supersedeas in an appeal to the Supreme Court may be made before and heard by the court on ten days' notice to the opposite party, at any time before the day to which the appeal is returnable, and the court shall make such orders and render such judgment as may be proper in the case.
MS Code § 11-3-27 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 3 - Practice and Procedure in Supreme Court|§ 11-3-27. Judgment on bond for supersedeas

 In case a bond has been given for a supersedeas, the judgment of the Supreme Court, on affirming the judgment or decree of the court below, or on a dismissal of the appeal by the appellant or the court, shall be for the money adjudged or decreed against appellant, and damages and costs, or for the specific property and damages and costs, or for the damages and costs, as the case may be, against all the obligors in the bond who may be living at that time, and execution may be issued thereon accordingly. If any of the obligors be dead, his representatives may be summoned to show cause why judgment should not be rendered against them on the bond; and if good cause be not shown to the contrary, judgment shall be entered against them in like manner as against the living obligors, and certified to the court below, and execution may be issued thereon.
MS Code § 11-3-31 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 3 - Practice and Procedure in Supreme Court|§ 11-3-31. Judgment certified to be enforced

 On receiving the certificate of the clerk of the Supreme Court of the judgment of that court in any matter, it shall be the duty of the clerk of the court below to issue the proper process to enforce the judgment according to its terms.
MS Code § 11-3-33 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 3 - Practice and Procedure in Supreme Court|§ 11-3-33. Bond may be excepted to

 The sufficiency of a bond in any respect as a security may be excepted to before the Supreme Court, or a judge thereof in vacation, on five (5) days' notice to the opposite party and, if the exception be sustained and the security be not immediately perfected, the appeal shall cease to operate as a supersedeas, and the supersedeas shall be discharged by order of the court or judge, and execution may be issued on the judgment or decree appealed from; and the Supreme Court may give judgment on the bond as in other cases, as if the supersedeas had not been discharged. If necessary, a new execution may be issued on the judgment, although one may have been issued on the discharge of the supersedeas.
MS Code § 11-3-35 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 3 - Practice and Procedure in Supreme Court|§ 11-3-35. Judgment not to be reversed for certain errors

 No judgment in any case originating in a justice court, or in a municipal court, and appealed to the circuit court, shall be reversed because it may appear in the Supreme Court transcript that the judgment or record of the said justice or municipal court was not properly certified or was not certified at all, or was missing in whole or in part, unless the record further shows that objection on that account was made in the circuit court, in the absence of which objection in the circuit court there shall be a conclusive presumption that the defects in this clause mentioned did not exist in the circuit court proceedings: Provided however, that the foregoing clause shall not apply to cases wherein a record in the supreme court of the transcript from the justice or municipal court is necessary to a fair understanding of the proceedings in the circuit court.
MS Code § 11-3-37 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 3 - Practice and Procedure in Supreme Court|§ 11-3-37. Appellant not entitled to reversal for error as to another

 In all cases, civil and criminal, a judgment or decree appealed from may be affirmed as to some of the appellants and be reversed as to others; and one of several appellants shall not be entitled to a judgment of reversal because of an error in the judgment or decree against another, not affecting his rights in the case. And when a judgment or decree shall be affirmed as to some of the appellants and be reversed as to others, the case shall thereafter be proceeded with, so far as necessary, as if the separate suits had been begun and prosecuted; and execution of the judgment of affirmance may be had accordingly. Costs may be adjudged in such cases as the supreme court shall deem proper.
MS Code § 11-3-39 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 3 - Practice and Procedure in Supreme Court|§ 11-3-39. Judgments affirmed in part and reversed in part

 Where the judgment appealed from is for property, real or personal, and damages, the supreme court, finding the judgment to be erroneous as to the damages only, may affirm it as to the property and reverse and remand it for a new trial as to the damages, and may adjudge the costs as may be proper.
MS Code § 11-3-41 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 3 - Practice and Procedure in Supreme Court|§ 11-3-41. Final judgment to be certified to court below; collection of court costs

 It shall be the duty of the clerk of the court below, upon receiving the mandate of the Supreme Court, to issue the proper execution on the final judgment or decree, if the same be for the plaintiff in the original cause, for the amount of money or other thing adjudged to the plaintiff, and all costs paid in the court below if not previously paid; and, if the judgment be rendered for the defendant in the original cause, then, on receipt of the mandate, execution shall issue against the plaintiff in the cause for the defendant's costs paid in the court below. In cases where the Supreme Court assesses the costs against the appellee, the appellant shall, with no further court action, be entitled to a judgment against the appellee in the amount expended by the appellant on court costs. The appellee shall be responsible for the cost of collection of this judgment, including attorney's fees. If the Clerk of the Supreme Court fails to issue the mandate as required, he shall forfeit to the aggrieved party One Hundred Dollars ($100.00), to be recovered by motion before the Supreme Court on five (5) days' notice.