Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Adj Exam Sec #1 > 1-L Liability & Law > Flashcards

1-L Liability & Law Flashcards

1
Q

Statutory Law:

A

​based on written laws (e.g. state legislature)

Note: ​Statutory Law governs the authority of Common Law.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Common Law:

A

based on court decisions and customs when statutory law does not
provide an answer.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Adjusters will consider both _____ and common law principles when working on liability claims.

A

statutory law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Common law, therefore, can vary according to_______

A

jurisdiction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

While statutory and common law are used in both criminal and civil court, ______ cases are only addressed in civil court.

A

liability

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Tort:

A

Any civil wrongdoing, whether intentional or unintentional

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Tort Law​:

A

The body of law that addresses and provides remedies for any civil wrongdoing performed on another party

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Criminal Case

A

● The state charges an individual

● 100% of the jury must agree the charge has been proven

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Civil Case

A

● One individual charges another

● 51% of the evidence must favor the plaintiff’s case

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Tort law uses both statutory law and _____ law when addressing issues of legal liability.

A

common

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

With tort law, _______ location helps determine which jurisdiction is applicable. A case is often held where the involved parties live and do business.

A

geographic

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Jurisdiction

A

The authority of a court or judge to hear a case and to make a judgement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Judicial District

A

A designated area over which a particular court has jurisdiction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Plaintiff

A

The party who suffered injury or damage; also known as the claimant. This could also be an heir, an assignee or an estate.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Tortfeasor

A

The party accused of committing a tort, otherwise known as the defendant

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Joint Tortfeasor

A

A group of two or more parties accused of committing a tort

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Intentional Tort:

A

An intentional act that causes injury to a third party

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Intentional Tort Example

A

OJ Simpson was sued in a civil court for the intentional torts of battery and wrongful deaths of Nicole Brown and Ronald Goldman.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Negligent Tort:

A

A negligent act that causes unintentional injury to a third party

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Negligent Tort Example

A

Beth was severely injured by a faulty tool that she borrowed from Lisa. She could sue Lisa in a civil court for a negligent tort.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

2 types of Tort

A
  1. ) Intentional Tort

2. ) Negligent Tort

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Although tort law includes both intentional and unintentional acts of wrongdoing, remember: _____ insurance only covers unintentional acts, or negligent torts.

A

liability

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Complaint:

A

​When a claimant files a lawsuit against a policyholder for damages the policyholder caused.

24
Q

Answer:

A

The tortfeasor, or defendant’s, response to the complaint can be one of the following:
● I accept the complaint and will pay for damages
● I deny the complaint
● I accept the complaint with a right to insert evidence into the case

25
Q

Default Judgment:

A

If the defendant fails to answer the plaintiff’s complaint, and does not appear in court, the result will be a default judgment in favor of the plaintiff.

26
Q

When taken to court, the policyholder must:

A

● Alert the insurer
● Forward all information regarding the matter to the insurer
● Cooperate with insurer and adjuster in all matters related to the court case

27
Q

When a policyholder is taken to court, the insurer must:

A

● Defend the policyholder

● Pay any legal expenses that are incurred at its own request

28
Q

Reservation of Rights is issued when​:

A

the circumstances of a lawsuit or a claim may not be covered under the policy
● Gives the insurer time to investigate its obligations
● Allows the insurer to stop defending the policyholder or deny a claim if it finds
that the case is not covered
● Gives the policyholder fair warning if she has to prepare her own defense

29
Q

Necessary Elements of a Reservation of Rights

A

The letter must:
● Include the insurer’s name, the policy number, and the event or loss
● Clearly and concisely explain the situation, especially that the policyholder may
not receive compensation or may have to defend himself in court
● Inform the policyholder about potential consequences (e.g. he might have to reimburse the insurer for expenses it has already paid)

30
Q

Non-Waiver Agreement:

A

● Also used when the insurer thinks coverage may not apply to a claim
● Allows the insurer to keep its right to deny coverage
● Must be signed by the policyholder (but the insurer ​may n​ ot​ force​ a
policyholder to sign)

31
Q

Claimant =

A

Plaintiff

32
Q

Policyholder = Tortfeasor =

A

Defendant

33
Q

Damages:

A

Monetary compensation for financial loss or injury awarded to a plaintiff by civil court

34
Q

Categories of harm/losses:

A

● Physical
● Financial
● Physical & financial
● Emotional or reputational

35
Q

Two main types of damages:

A

● Compensatory

● Punitive

36
Q

Compensatory Damages:

A

Money awarded for tangible and intangible economic loss

37
Q

Two types of Compensatory Damages

A

● Special

● General

38
Q

Diminution of Value:

A

● Total amount of all damages resulting from an occurrence

● Legal term used in calculating compensatory damages

39
Q

Special Damages:

A

Compensatory damages awarded for tangible losses with a quantifiable value
● Proven by providing medical bills, repair bills, etc.

40
Q

Special Damages Example

A

● Medical bill for an accident that caused a broken leg: $5,000
● Repair bill for damages caused by fire: $3,000

41
Q

General Damages:

A

Compensatory damages are determined by the court and awarded for intangible, emotional losses that are not quantifiable

42
Q

Losses with subjective value include:

A 
● Expected future losses
● Mental anguish
● Permanent injury
● Loss of reputation
● Pain and suffering
● Future losses due to unemployment
43
Q

Punitive Damages:

A

Money awarded to punish egregious misconduct

● For intentional acts, such as slander, fraud, violence, oppression, or recklessness
● Not typically covered in liability insurance

44
Q

Liability Laws

A 
● The Statute of Limitations
● The Wrongful Death Act
● Workers’ Compensation
● Automobile No-Fault Laws
● Breach of Product Warranty
● Waiver of Sovereign Immunity
45
Q

Statute of Limitations:

A

A law limiting the amount of time an injured party has to file a complaint after an occurrence

46
Q

Discovery Rule:

A

Statutes of limitations usually run from when an injury is, or should have been, discovered

47
Q

Wrongful Death Act:

A

Law that defines the rights of individuals who are associated with someone who was killed because of a negligent act

48
Q

Plaintiffs may sue for damages such as:

A

● Loss of companionship
● Loss of income
● Pain and suffering

49
Q

Sovereign Immunity:

A

Law that restricts people from suing governmental entities

50
Q

Waiver of Sovereign Immunity:

A

Law that allows individuals to sue governmental entities for damages in certain cases.

51
Q

Workers’ Compensation Laws:

A

Restrict an employee’s right to sue his or her employer for injuries that occurred on the job

52
Q

Automobile No-fault Laws:

A

Restrict an individual’s right to sue the driver of a motorized vehicle

53
Q

Product Warranty:

A

A manufacturers’ guarantee ensuring the quality of its products

54
Q

Breach of Product Warranty:

A

If a product is not suitable for its intended purpose and causes injury or damage, the manufacturer is considered strictly liable and may be sued by the consumer

55
Q

Breach of Product Warranty Example

A

A toy manufacturer who fails to meet standard safety regulations regarding age- appropriateness may be sued for “breach of product warranty” because the quality is not suitable for young children.

Adj Exam Sec #1 (11 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions