Lesson 5 Private Injurires V. Public Offenses

Question 1

elements of a tort

Answer 1

duty, violation of the duty, injury, causation

Question 2

duty

Answer 2

legally enforceable duty

Question 3

injury

Answer 3

as recognized by law

Question 4

causation

Answer 4

proof that violation caused the injury, vicarious liability, employer responsibility for employee

Question 5

tort

Answer 5

a civil wrong that causes someone else to suffer loss/harm

Question 6

damages

Answer 6

money paid in order to try and prevent

Question 7

strict liability

Answer 7

holding a defendant liable without showing negligence

Question 8

status of repose

Answer 8

cut off the right to sue after a period of time plus 10 years

Question 9

contributory negligence

Answer 9

get 0 from a lawsuit

Question 10

comparative negligence

Answer 10

except in comparative a percentage of negligence is assigned happened in the hot coffee

Question 11

assumption of the risk

Answer 11

plaintiffs are aware of the danger but decided to subject themselves to the risk

Question 12

if you are engaged in activities if this type you are liable regardless of the precautions you take

Answer 12

ex: storing flammable liquids, grenade jugglings

Question 13

injunction

Answer 13

court order to do or not a particular act

Question 14

compensatory damages

Answer 14

placed the injured party in the portion they were in prior to the injury or loss

Question 15

punitive damages

Answer 15

meant to punish the person (large settlement)

Question 16

plaintiff

Answer 16

files a complaint, the party initiating a civil lawsuit

Question 17

discovery

Answer 17

he formal process of exchanging information between the parties about the witnesses and evidence they’ll present at trial.

Question 18

verdict

Answer 18

jury’s decision

Question 19

judgment

Answer 19

final result of the trial

Question 20

judges follow the rules of the law while the jury decides whether innocent or guilty

Answer 20

true

Question 21

preponderance of evidence in a civil trial

Answer 21

if 51% are guilty then they’re guilty

Question 22

writ of execution

Answer 22

order from the judge directs the sheriff to seize property from a debtor after the creditor has successfully obtained a judgment

Question 23

defendant

Answer 23

party complained against a civil lawsuit