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Torts - Common Law Basis
Cards about the Common law basis from the first lecture (almost certaintly not on Test)
39
Law
Post-Graduate
04/20/2014

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Cards

Term
What did tort law evovle from?
Definition
Tor law evolved from old English law
Term
In Old English law, what was the differentation between criminal and tort law?
Definition
In Old English law, there was no differentation between cirminal and tort law.
Term

What would happen when someone harmed someone else under Old English Law?

 

What did this lead to?

Definition

When someone harmed someone else, the clan of the harmed person could retaliate on the clan of the harmer. An "eye for an eye" philosophy existed.

 

This frequently lead to a lot of violence.

Term
What kind of system did this "eye for an eye" philosophy lead to?
Definition
This lead to the community system
Term
What is a tort?
Definition
A tort is an injury to person or property.
Term

What did tort law start intitially focus on?

 

What was created to resolve these conflicts?

 

Definition
Tort law started out as focusing on the property. The community system was created to resolve conflicts against land.
Term
How did the community system initially work?
Definition
A victim would as a panel for redress and the panel would provide a way to solve a dispute
Term

What was the benefits of the community system?

 

What was one main problem?

Definition

This was a quick and painless system unless the panel disagreed with the community.

 

This would cause people to question the authority of the panel.

Term
How was the tension that arose between the community and panel when the community did not agree with the panel's decision resolved?
Definition
One person was therefore designated to listen to the panel and the community in order to make a decision. This person became the judge.
Term
What did this system with the panel and the judge become?
Definition
This becamse the very first trials
Term

What was developed to reaplce "eye for an eye"?

 

Definition
Monetary compensation was developed to repalce the "eye for an eye" system.
Term

How was monetary compensation initially determined?

 

Who was it initially given to?

 

Was there still any difference between tort and criminal law?

Definition

Early in Anglo-Saxon history, people historically were given a value based on their gender, rank, age, etc.

 

Compensation was given to the clan and not to individuals.

 

At this point, there was still no difference between tort and cirminal law.

Term
What was the effect on the community when punishments were not paid up?
Definition
There was a tightening of community when punishments (i.e. money) were not paid up. This in turn broght the community closer together when they supported the payment of the punishment.
Term
What was the forerunner to the common law system initially like?
Definition
EAch community had their own local rules and laws. This eventually became the system of common law.
Term

How did the Norman Invasion change the system of law in England?

 

What were misdeamnors as this time?

Definition

After the Norman invasion of 1066, royal acts were developed to deal with Kings law. These exercised a power over a distinct set of laws called felonies.

 

Misdeamenors were still local common law.

Term

The Three kinds of trespass?

 

What did they eventually become?

Definition

1) Tresspass vi et armis = assault and battery

 

2) Trespass de bonis aspartatis = trespass with goods (stealing).

 

3) Trespass quare clausum gregit (tresspas of close)- trespassing on land

 

These three became distinct kinds of wrongs and they became torts

Term

When did tort law get its own kind of heading?

 

What is its importance today?

Definition

When common law was published in the 19th century, tort law was published as its own heading.

 

Tort law makes up most of the kind of law we deal with today.

Term

What are the fucntions of tort law?

 

What does it protect from?

Definition

1) Provides remedies for economic affairs

2) discrimination (racism).

3) Regulates the environment, medical practices, wrongful death, motor vehicles and public road ways

 

*It protects for economic loss caused by the above kinds of actions.

 

Term
What does IIED stand for?
Definition
Intentional infiction of emotional distress
Term
Do some law firms focus on certain kinds of torts?
Definition
Yes, some law firmts focus on certain kinds of torts
Term
What kinds of duties do torts deal with?
Definition
Torts deal with legal duties imposed on all members of society (i.e. drive a car safely).
Term
Who typically are the parties in tort cases?
Definition
Tort cases typically involve private parties
Term
Who is always the plaintiff in a criminal case?
Definition
In a criminal case, the plaintiff is always the government
Term

Who is the plaintiff in a torts case?

 

What may the defendant be forced to do in a torts case (if they loose)?

Definition

In torts, the plaintiff is a victim who has been harmed.

 

The defendant may be forced to pay $ or do or not do something.

Term
When sh*t happens, who may bear the costs?
Definition

When shit happens, the burden of $ may be born by the victim, community, responsible person, or someone else entirely.

Term
In tort law, what do institutions allow with regards to the cost of harm?
Definition

Tort laws mean that instutions allow for the shift of costs of harm to other people.

Term
What is an example of a third party to whom costs may be shifted in a torts case?
Definition
Costs can be shifted to insurance companies.
Term

What does tort law provide?

 

What does is not gurantee?

Definition
Torts provide an avenue for redress but do not guarantee a shift of losses to the other person because a jury may not necessarily agree with the victim's case.
Term
What is someone called when they are held responsible for a wrong?
Definition
When someone is held responsible, they are held liable
Term

Under tort law who should be held responsible for cleaning up a mess?

 

(an example)

Definition
If I make a mess on your property, the burden should not be on you to pay for it.
Term
What are the objectives of tort law?
Definition

1) Seeks to compensate victims for injuries suffered becaues of another's culpability in action or in inaction

 

2) Seeks to shift the cost of injry to the person responsible for inflicting them.

 

3) Discourages injurious and/or future, risk, careless behavior.

 

4) Vindicates compromise, diminished, or emasculated legal rights and interests

Term

What does society demand that you do with regards to my interests?

 

How is this related to fault/strict liability torts?

Definition

Societ demands that you take my interests into account when you act.

 

So society demands that we act responsibly and this is the underlying idea behind fault/strict liability torts.

Term
What is a tort? (detailed response)
Definition
A Tort is a civil wrong where in one person's conduct casuses a compensable injury to the person, porperty, or recognized interest of another in violation of a duty imposed by law.
Term
What can happen if an action is a breach of duty for the law?
Definition
If an action is also a breach of duty for the law, then the actor can be held accountable in court.
Term

How can a victim hold the actor accountable in court?

 

What must they do?

 

What are the chances that they will be successful?

 

 

Definition

To do this, the victim has to decide what kind of injury and then what kind of punishments (i.e. kinds of damages).

 

So you first haave to look at the law broekn and then look at damages.

 

A victim hs to do a lot toget this and this may not get in at trial (this is a 50/50 role of the dice.

Term

What sometimes influences a victim's chances of winning?

 

What do you (as atty/para) have to tell the client

Definition

Sometimes it has nothing to do with the facts.

 

You must tell the client theat they may not win.

 

Clients can loose simply because the jury does not like them or may not believe them, even if they are not telling the truth.

Term

What sometimes happens with the amounts of damages awarded?

 

 

Definition
Sometimes the damages that the jurgy gives to the victim does not match the harm (i.e. could be too much).
Term

What might the defendant's attorney do if the amount of damages is too high?

 

What is this called?

Definition

The defendant's attorneys may ask the judge to remove some of the amount from the judgment of the judge can cut down the amount of the award given by the jury because it's too high.

 

This is called a remittor.

Term
Can anyone award all damages?
Definition
No, some damages can only be awarded by judge or jury.
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