Intro to Torts and the Litigation Process; The Negligence Principle

Question 1

Writ of trespass

Answer 1

intentional harm-causing conduct; even accidental; cannot be coincidental, must be direct effect; burden of proof on defendant

Question 2

Negligence

Answer 2

breach of the standard of reasonable care

Question 3

Law of Negligence

Answer 3

permits a plaintiff to recover damages

Question 4

Tort

Answer 4

an area of law concerned with determining the circumstances under which individuals should be held accountable for the injurious consequences of their bad behavior with another who they have no contractual obligation

Question 5

Duty

Answer 5

Do you owe someone something? i.e. - following laws to keep others safe

Question 6

Breach

Answer 6

Factually, given that you have a duty to someone, did you complete that?
“wrongness”; stupid behavior

Question 7

Causation

Answer 7

Given that you had a duty to someone and you breached that duty, did you the breach of that duty cause harm?

Question 8

Injury

Answer 8

Given breach, did you sustain the right type of injury that the law will cover?

Question 9

Absolute Liability

Answer 9

No proof of breach required, only causation and injury

*intent is irrelevant

Question 10

Strict Liability

Answer 10

No proof of breach required, often requires more than causation and injury (just prove that someone did something that caused you harm)

Question 11

Negligence

Answer 11

Concerned with fault; i caused harm and could have reasonably prevented the harm

Question 12

Brown v. Kendall

Answer 12

What is the standard of care applied? What is ordinary/reasonable care? Is extraordinary care excessive?

Question 13

Ordinary/Reasonable care

Answer 13

Care based on context, feasibility, reasonable foreseeability, adherence to tradition/custom

Question 14

Extraordinary Care

Answer 14

Doing everything you can to prevent; completely eliminating risk

Question 15

Tort Litigation Process

Answer 15

1. Settlement
2. file complaint
3. demurrer or answer/affirmative defenses
4. pretrial
5. Trial

Question 16

Claimant

Answer 16

the aggrieved party

Question 17

Complaint

Answer 17

document stating what occurred and the relief sought

Question 18

Demurrer

Answer 18

Defense’s motion to dismiss the complaint based on the lack of a sound legal theory to back up what may be factual allegations

Question 19

Answer

Answer 19

response from the defendant to the plaintiff’s complaint which denies or may add new facts to be considered (affirmative defenses)

Question 20

motion for summary judgment

Answer 20

to end the trial because facts cannot possibly be proven to be true and a trial would be unnecessary