LEGAL REMEDIES Flashcards

1
Q

Nominal Damages

A

no injury, but a declaration that your rights were violated.

$1 plus a declaration.

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2
Q

PUNITIVE DAMAGES

A

Used to punish defendant and set an example (only in tort cases)

Willful/malicious, wanton

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3
Q

Compensatory Special and General Damages

A

Elements
1. foreseeability
2. unavoidable
3. a certain
4. caused by the act.

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4
Q

Collateral Source Rule

A

We do not reduce the defendant’s liability by the amount another third party paid for the plaintiff.

Ex: A plaintiff is injured by defendant’s negligence and the insurance pays for plaintiff’s injuries. The defendant can not say they do not have to pay because of the insurance company paying.

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5
Q
A
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6
Q

CONSEQUENTIAL DAMAGES

A
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7
Q

LIQUIDATED DAMAGES

A
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8
Q

UNJUST ENRICHMENT/ QUASI K

A
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9
Q

RESTITUTION MONEY JUDGMENT

A
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10
Q

REPLEVIN

A
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11
Q

EJECTMENT

A
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12
Q

LEGAL REMEDIES

A

MONEY JUDGMENT OR SHERIFF SEIZES PROPERTY

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13
Q

Encroachment

A
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