Intro Tort Liability_pg9-16

Question 1

Redress

Answer 1

The receiving satisfaction for an injury sustained.

Question 2

Aggrieved party

Answer 2

one whose pecuniary interest is directly Affected by the adjudication

Question 3

A complaint is usually filed after what action? What is included in a complaint?

Answer 3

Pre-suit settlement; what occurred and the relief sought

Question 4

Q of law are tried in?

Answer 4

judge- trial

Question 5

Q of fact are tried by?

Answer 5

jury or judge (bench trial)

Question 6

In the early stages of proceedings, what action does a defendant usually take if they think the complaint is based on a novel, or unsound, legal theory?

Answer 6

a motion to dismiss

Question 7

demurrer

Answer 7

a motion to dismiss

Question 8

If a defendant files a motion to dismiss and the plaintiff responds by arguing that the legal theory is sound, what happens?

Answer 8

The issue will be posed before the judge

Question 9

If the judge grants the defendants motion to dismiss, the litigation will come to an end, unless?

Answer 9

the plaintiff appeals

Question 10

What does it mean when the judge dismisses the plaintiff’s complaint “without prejudice”?

Answer 10

the plaintiff will then have the opportunity to amend their complaint to add essential facts, creating a sound legal theory where one did not exist before

Question 11

if a judge denies a defendants motion to dismiss he is saying?

Answer 11

the complaint holds a good legal theory and that the plaintiff will be entitled to recover damages IF the essential facts alleged in the complaint are true

Question 12

If the judge denies the defendants motion to dismiss the complaint, what can the defendant do in some states?

Answer 12

appeal the judges ruling immediately- interlocutory appeal

Question 13

If the judge denies the defendants motion to dismiss the complaint and the defendant cannot make an interlocutory appeal, so the case will go to trial, what action the defendant take? What is the term for this?

Answer 13

the defendant can meet the plaintiff’s fact allegations by filing an “answer” in which the defendant denies some or all of the plaintiff’s allegations of fact and possibly adds some new ones of his own; “affirmative defenses”

Question 14

After the initial motions phase of a case, and before it goes to trial what do both parties usually engage in?

Answer 14

discovery

Question 15

what is a deposition?

Answer 15

It occurs during the discovery phase; its when opponents or expert witnesses are questioned under oath

Question 16

During discovery what are some actions the parties can take to inquire about matters relevant to the case?

Answer 16

interrogatories and requests for admission

Question 17

what are interrogatories?

Answer 17

a written question which is formally put to one party in a case by another party

Question 18

what are requests for admission?

Answer 18

where the court asks for the permission to introduce some certain evidence

Question 19

although most fact disputes are resolved at trial, many cases can resolve them prior to trial after discovery. What are these called?

Answer 19

Settlement or summary judgement

Question 20

what is a summary judgement?

Answer 20

A quick decision of a court based on briefings and affidavits where material facts are not disputed or where the court’s opinion is used for judgment

Question 21

when resolving motions for summary judgement, the judge must view the evidence in the light most favorable to who?

Answer 21

the party resisting the summary judgement motion- the non-moving party

Question 22

prima facie element

Answer 22

Sufficient to establish a fact or raise a presumption unless disproved or rebutted

Question 23

sometimes, a trial may not reach the jury stage because the plaintiff will have failed to carry the burden of production, which is?

Answer 23

if a prima facie element is ruled inadmissible

Question 24

If the plaintiff failed to carry the burden of production the defendant may make what motion?

Answer 24

a directed verdict

Question 25

what is a directed verdict?

Answer 25

“judgement as a matter of law”; asks the judge to rule that the plaintiffs evidence is so lacking and that no jury could reasonably find in the plaintiffs favor and thus it is pointless to continue the trial

Question 26

What happens after a judge grants a directed verdict?

Answer 26

the case will be terminated unless the plaintiff appeals successfully

Question 27

prima facie case

Answer 27

the plaintiff has presented sufficient evidence such that a jury could (but is not compelled to) find in the plaintiff’s favor

Question 28

What happens if the judge denies a defendants directed verdict motion?

Answer 28

it will go to closing arguments –> jury will be charged by judge (judge gives instructions on how the jury must apply the law to the facts) –> deliberation –> verdict

Question 29

What are 3 action options for the losing party and what would happen in response?

Answer 29

1. judgement notwithstanding the verdict- the jury reached a verdict that no jury could reasonably have reached on the evidence before it; grant the losing party’s motion for judgement as a matter of law (loser becomes winner) or judge may grant a new trial
2. either party can file post-trial motions complaining that the damages awarded were either insufficient or excessive; judge may add to or reduce the damages awarded (additur or remittitur)

Question 30

When an appeal is lodged, the appealing party will seek to persuade the appellate court of which two things?

Answer 30

1. the trial judge erred in the admission or exclusion of evidence
2. the error(s) were prejudicial- the judges mistake affected the outcome of the case

Question 31

What is a tangible loss?

Answer 31

pecuniary loss ($)

Question 32

What is an intangible loss?

Answer 32

pain & suffering, can be translated into $

Question 33

What are punitive damages?

Answer 33

used to punish the defendant

Question 34

single judgement rule

Answer 34

a plaintiff can sue only once for all injuries sustained as the result of a single tort, and they must sue within a specified time

Question 35

executing on a judgement

Answer 35

collecting damages by seizing the defendants property or garnishing a portion of his wages