Term
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Definition
A wrongful injury to a person or his/her property
Person may include an actual living person or business. |
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Term
| Three categories of tort law |
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Definition
| Negligence, Intentional torts, strict liability |
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Term
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Definition
| The failure to exercise ordinary care |
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Term
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Definition
| That degree of care that would be exercised by a reasonably prudent person under the same or similar circumstances |
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Term
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Definition
| Doing something that a reasonably careful person would not do |
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Term
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Definition
| Failure to do something that a reasonably careful person would do |
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Term
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Definition
| An injury designed to injure a person or that persons property |
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Term
| Types of intentional torts |
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Definition
Battery-An unwanted touching (doesn't have to cause injury)
Assault-A threatened or attempted battery
Trespass-Unlawful entrance on someones property or an unreasonable interference with the use of someones property
Defamation-Written (libel) or oral (slander) communication of a false statement about a person that is damaging to the persons reputation-can be to a 3rd person |
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Term
| Five elements of tort law cases |
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Definition
| Duty, breach of duty, causation, damages, solvent defendant who can pay damages |
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Term
| Public policy objectives in tort law |
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Definition
Accountability-protecting persons and property
Deterrence-minimum standards of social conduct
Allocating losses-placing the economic burden where it can be best afforded |
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Term
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Definition
I-which Issues are presented
R-what is the applicable Rule of law
A-Apply the rule to the facts
C-this produces the appropriate Conclusion
Case analysis-general to specific |
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Term
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Definition
Complaint
Answer
Discovery
Pre-trial procedures and motions
Alternative dispute resolution
Trial
Post trial and appeal |
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Term
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Definition
| A pleading filed by the plaintiff in court that initiates a lawsuit |
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Term
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Definition
| Written response of defendant to the petition or complaint - MONDAY NEXT AFTER THE EXPIRATION OF 20 DAYS FOLLOWING SERVICE |
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Term
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Definition
| Disclosures, interrogatories, requests for production, requests for admission, depositions |
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Term
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Definition
| Jury or non-jury, jury selection, opening statements, presentation of evidence, charge conference, courts charge, closing arguments, deliberations, verdict |
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Term
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Definition
| Mini-trial, arbitration, mediation |
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Term
| Mini-trial or summary jury trial |
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Definition
| By agreement case is presented to small jury in abbreviated fashion. Parties agree in advance to be bound by outcome or to use outcome to aid settlement negotiations. |
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Term
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Definition
| Case is decided by neutral third party other than the judge following abbreviated presentation of evidence. Clients waive the right to go to court. |
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Term
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Definition
| Assisted settlement conference led by neutral third party who acts as facilitator and an advocate for settlement. Mediator cannot decide case or make rulings but assists parties in reaching mutually agreeable resolution. Anything said can't be used in court. |
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Term
| What kinds of law firms handle tort law suits? |
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Definition
Plaintiff firms-smaller, primarily contingent fee. Paid a percentage of what the client gets.
Defense firms-larger, comma hourly fee, insurance and corporate clients |
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Term
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Definition
| Duty of care, breach of duty by tortfeasor, causation of damages to victim, damages to victim |
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Term
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Definition
| Using reasonable care to avoid injuring others or their property |
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Term
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Definition
| Foreseeable plaintiffs or class of persons to be protected |
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Term
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Definition
| During exclusive control of the defendant something ordinarily would not occur without negligence |
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Term
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Definition
| Proof a statute was violated. If you violate a statute, you are found to be negligent. |
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Term
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Definition
| Factually the cause of the incident (cause in fact) |
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Term
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Definition
| In a natural and continuous sequence, produces an event, and without which cause such event would not have occurred. In order to be a proximate cause the act or omission complained of must be such that a person using ordinary care would have foreseen the event. |
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Term
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Definition
| In order to be a proximate cause the act or omission complained of must be such that a person using ordinary care would have foreseen the event. |
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Term
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Definition
| The plaintiffs own negligence which caused or contributed to cause the occurrence of his/her injury |
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Term
| Joint and several liability |
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Definition
| Situation where one or more defendants are responsible. Plaintiff can collect from either defendant. |
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Term
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Definition
| The injury or loss the plaintiff suffered as a result of the defendants tortious conduct. Damages must exist to have a legal cause of action. |
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Term
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Definition
| Small or symbolic damages awarded in situations in which no actual damages have occurred. |
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Term
| Punitive or exemplary damages |
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Definition
| Awarded to punish defendant and make an example, not to compensate the plaintiff. Awarded in intentional tort and gross negligence cases. |
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Term
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Definition
| More than momentary thoughtlessness or inadvertence but such an entire want of care as to evidence actual conscious indifference to the rights and welfare of those effected by the conduct |
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