Lesson 5 Private Injurires V. Public Offenses Flashcards
elements of a tort
duty, violation of the duty, injury, causation
duty
legally enforceable duty
injury
as recognized by law
causation
proof that violation caused the injury, vicarious liability, employer responsibility for employee
tort
a civil wrong that causes someone else to suffer loss/harm
damages
money paid in order to try and prevent
strict liability
holding a defendant liable without showing negligence
status of repose
cut off the right to sue after a period of time plus 10 years
contributory negligence
get 0 from a lawsuit
comparative negligence
except in comparative a percentage of negligence is assigned happened in the hot coffee
assumption of the risk
plaintiffs are aware of the danger but decided to subject themselves to the risk
if you are engaged in activities if this type you are liable regardless of the precautions you take
ex: storing flammable liquids, grenade jugglings
injunction
court order to do or not a particular act
compensatory damages
placed the injured party in the portion they were in prior to the injury or loss
punitive damages
meant to punish the person (large settlement)
plaintiff
files a complaint, the party initiating a civil lawsuit
discovery
he formal process of exchanging information between the parties about the witnesses and evidence they’ll present at trial.
verdict
jury’s decision
judgment
final result of the trial
judges follow the rules of the law while the jury decides whether innocent or guilty
true
preponderance of evidence in a civil trial
if 51% are guilty then they’re guilty
writ of execution
order from the judge directs the sheriff to seize property from a debtor after the creditor has successfully obtained a judgment
defendant
party complained against a civil lawsuit
