Civil Tort Law Flashcards
Conditions
The government does not represent you in civil law unlike in criminal law
The conclusion of civil law is generally money
If you have been wronged you need to hire a lawyer at your own expense
Generally the plaintiff in a tort law action must show that the defendant violated the relevant duty of care. Then, they have to convince a judge that this violation caused harm
Specific lawsuits will have individual elements that you need to prove, all that the defendant needs to do is to defeat your cause is to remove any element from your lawsuit or allege a defense, for example, they could reply to your allegations that you were in fact contributorily negligent
Most of the time, you should ask yourself what a reasonable person would do in order to figure out the correct duty of care for a situation
Plaintiff
A person(s) who brings a case against another in a court of law
Defendant
An individual, company, or institution, a court of law who has money
Tort
French word
means to be wronged
a wrongful act or an infringement
Tort Law
Encompasses personal injury as well as other common area of litigation like medical malpractice and wrongful death
Supposed to restore a victim to where they were before the event or as close as possible
Offers victims several options to help and relief in the event that you are injured. What you may choose depends upon how you were harmed and the nature and extent of our injuries.
Also permits plaintiffs to seek financial compensation, lost support, lost companionship, and other damages
A court may seek to return any ill-gotten gains the defendants secured as a result of their misconduct
Tort Cases
A person, private entity, or government body causes harm to somebody else through act, omission or other conduct
The harm leads to damage for which the injured party seeks compensation
Harm
Can mean personal injury, intentional infliction of emotional distress, mental distress, property damage, medical expenses, compensatory damages, or other things
Intentional Torts
Happen when someone purposely commits a wrongful act that harms another person. You must show the person intended to commit the wrongful act
Strict Liability Torts
All that matters is that the defendants committed an action that the law prohibited and damage foreseen by the law manifested
Unintentional Torts (Negligent Torts)
Occur when a party fails to act reasonably in a situation. Their conduct is said to be below the standard of care required in the circumstances. You need to prove and hold the person legally responsible for the defendant’s actions: duty, breach, causation, and damage
Negligence
Negligent acts are described as unreasonable for the situation and that lead to injury, you need to prove the defendant breached a duty owed to you and that caused your damage
Duty of Care
The first element of negligence is known as the “duty of care”. A duty of care arises when the law recognized a relationship between two parties, and due to this relationship, one party has a legal obligation to act in a certain manner toward the other
Breach
The second element of negligence is a breach of the duty of care. A person or entity (such as a business or government agency) breaches the duty of care by failing to exercise reasonable care in fulfilling the duty
Causation
The third element of negligence is causation. The breach of the duty of care must be the legal cause of the harms suffered by the injured person. There are two distinct but closely related components of legal causation: actual cause and proximate cause. Actual cause exists when but for the breach of duty of care. The injured person would not have suffered an injury. Proximate cause exists when the type and extent of the injured person’ injured were reasonable related to the breach of duty of care
Damage
The fourth element of negligence is damage. The injured person must have suffered an injury that can be remedied by money damages, which is the legal term for monetary compensation
Negligent Acts Examples
Speeding in a crowded area
Refusing to yield to pedestrians
Not cleaning up spills in a grocery store
Not replacing broken steps in a staircase
Assault Torts
The intentional tort of assault occurs when somebody places another in harm. The anxiety, mental distress, emotional trauma, and other negative effects that the defants actions cause is the thrust of this case. For example, you may be assaulted if someone puts a gun to your head
Battery Torts
When someone wrongfully and intentionally touches another person. The contact may be harmful and injurious but it need not be to establish a case. Also, the aggressor does not have to realize the battery is occurring for a plaintiff to bring such a case
False Imprisonment Torts
Occurs when a defendant unlawfully and intentionally confined the plaintiff for an unreasonable amount of time. They must prove actual harm in order to establish the prime facie elements if this cause of action
Defamation Torts
Is a general term that involves people who suffer reputational harm or other negative effects due to malicious statements made by others. The defendants can always show the statements were true to dismiss such a case
Slander Torts
Is a form of defamation that involves spoken words. People outside of the plaintiff must have heard the words spoken. Some words are slander because the law deems them offensive by their very utterance. For example, if you call a lawyer a con artist, then a judge may call that slander and you cannot rebut that presumption
Libel Torts
Libel is a form of defamation involving the printed word including signs, ads, televisions broadcasting
Trespass Torts (trespass to land)
Happens when a person enters the land of another without permission of proper authority. This protection includes the area above and below the actual plot of land
Conversion Torts
You can bring an action against anyone that dispossesses you or your personal property or even if they are merely devalued or damaged. You may seek the full value of the goods from the person charged with the offense in civil law
Malicious Prosecution Torts
If meritless complaints lead to civil action and criminal charges then you may raise a case against the wrongdoer. To succeed, you must demonstrate there was no probable cause to file the complaint in the first place. Also you must illustrate that the defendant had malicious intent
Intentional Infliction of Emotional Distress Torts
Describes the situation where a defendant intends to cause distress in the mind and person of the plaintiff. The misconduct must be outrageous. The consequences must be substantial including mortification, distress, or grief
Animal Attacks
If you are bitten or attacked by a dog then the law may say you have a right to file suit and recover
Product Liability
If you are injured, maimed, or killed because of a defective product, then you or a loved one may sue for damage that resulted from the event
Dangerous Activities
If someone causes you injury while they are conducting a dangerous activity, then you may be able to sue them for strict liability. The activities need not be illegal
Injunction
An order or warning made by the court to the party of a lawsuit
Temporary Restraining Order
A court directive to freeze action until the judge can review and rule on a case matter
Economic Damages
Compensate for victims for their out-of-pocket expenses and tangible, financial losses that an incident causes. Normally these cover hospital bills, lost income, property damage, and similar things
Non-economic Damages
Makes possible financial recovery for the intangible damage an accident or intentional act may cause. Lots of times this means pain, suffering, disfigurement, lost self-esteem
Punitive Damages
Occur if the defendant’s actions were particularly reckless or outrageous, the judge can award the plaintiff with punitive damages. These are supposed to stop others from committing similar misconduct in the future
Wrongful Death Damages
Occur with families suffering with the loss of a loved one because of negligent or purposeful conduct are allowed to obtain financial compensation for their lost companionship, lost support, and other losses. Normally, the person bringing this claim must be a close relative or spouse
