Exam 2 Review Flashcards
What is designed to compensate those who have suffered injury or loss due to another’s
actions; comes down to wrongs (injury) and compensations?
Torts
What’s purpose is to provide relief/remedies for the violations of protected interests
(personal safety, physical injury, freedom of movement; property)?
Torts
What refers to $ for injury/harm?
Damages
What type of damage compensates/reimburses the plaintiff for actual loss / damage;
“make whole”?
Compensatory Damages
What type of compensatory damages is for quantifiable loss (lost wages, medical
expenses, replacement items)?
Special Damages
What type of compensatory damages are for non-quantifiable losses (pain & suffering;
physical & emotional damage; loss of companionship; loss of consortium; disfigurement;
loss of reputation)?
General Damages
What type of damages punish the defendant/wrongdoer and deter others; only reserved for truly egregious behavior or reprehensible behavior; usually involving intentional torts; excessive amounts may involve due process issues?
Punitive Damages
It is not uncommon for who to limit punitive damages awarded on constitutional grounds
- “no legitimate purpose”?
Appellate Courts
What do some states have that limit the amount of damages (both punitive and genera)
that can be awarded for various claims?
Legislative Caps
What type of tort would be throwing a punch during a fight?
Intentional
In what type of cases are there usually legislative caps or even bans on damages; big
consideration on diversity of citizenship issues (250K and 500k non-special damages);
battles of lobbyists (insurance companies and trial attorneys)?
Medical Malpractice
Cases
What type of tort involves negligence/breach of duty to act reasonable (acting wild and
carelessly swinging your arms)?
Unintentional
What are the two types of torts?
Intentional and Unintentional
What can vary depending on the nature of the tort claim?
Defenses
What are the common defenses for torts?
Consent (most common)
- Comparative Negligence
- Statute of Limitations
What type of tort defense is when the plaintiff agreed to the act that caused an injury
and as a result there is no liability for the defendant?
Consent (Most common)
What type of tort defense determines who was most at fault for the injury; assessing
proper blame?
Comparative Negligence
What type of tort defense involves the time limits for bringing an action?
Statute of
Limitations
Who is the one committing the act leading to a tort?
The Tortfeasor
What type of tort is where the tortfeasor must intent to commit the act in question
leading to damage?
Intentional Tort
What means that the person intended the consequences of their actions or knew with
substantial certainty that specific consequences would result from the actions?
Intent
What may intentional torts be on top of being compensatory?
May be criminal
What can be transferred when an individual intends to hurt one person but
unintentionally hurts someone else (throwing a punch at person A but missing and
striking person B)?
Intent (Transferred Intent)
What is any intentional and unexcused threat of immediate harm or contact; no physical
contact needed - just a reasonable apprehension of imminent harm?
Assault