Liability And Law

Question 1

Complaint

Answer 1

A complaint initiates a civil lawsuit by one person ( the plaintiff) requesting financial relief from damages caused by someone else (the defendant)

Question 2

Answer

Answer 2

In liabilities cases, the defendants response to a complaint and pay for damages, 2) dent the complaint or 3) accept the complaint with a right to insert evidence into the case.

Question 3

Breach of Product Warranty

Answer 3

The failure of falsehood of a stated promise of a product stipulation.

Question 4

Civil Law

Answer 4

Observes court cases of one citizen charging another citizen for damages cause by tort. Differs from criminal Law.

Question 5

Common Law

Answer 5

Based on court decisions and customs when statutory law does not provide an answer creates precedent.

Question 6

General Damages

Answer 6

Intangible losses, such as pain and suffering or mental anguish.

Question 7

Special Damages

Answer 7

Tangible, financial losses that can be documented.

Question 8

Compensatory Damages

Answer 8

Money awarded in civil court for tangible and intangible damages caused by a policyholder. There are two types: general and special.

Question 9

General Compensatory Damages

Answer 9

Money awarded for the emotional losses of the plaintiff that will continue after the trial date. They are a subjective value and are determined by the court.

Question 10

Special Compensatory Damages

Answer 10

Money awarded for the exact value of the physical damage caused to the plaintiff up to the tribal date. This is an objective value determined by receipts and medical bills.

Question 11

Punitive Damages

Answer 11

Intangible damages awarded to the plaintiff when the defendant’s actions show international heinous, antisocial behavior or extreme indifference to harm. These damages are determined by the court and the adjuster cannot negotiate them.

Question 12

Criminal

Answer 12

Someone who has been convicted of a criminal act in a court of law.

Question 13

Default judgement

Answer 13

A judgement entered by the court against a party who fails to present his case or defense in a civil action. Most commonly, this applies when the defendant fails to show up and answer the claim brought against him, so the court decides in favor of the plaintiff.

Question 14

Plaintiff

Answer 14

The person who brings a case against another person in court.

Question 15

Preponderance of Evidence

Answer 15

A preponderance of evidence is enough evidence to make it more likely that an argument is true than that it is false. In a civil trial, the plaintiff needs to provide a preponderance of evidence in order to win her case.

Question 16

Reservation of Rights

Answer 16

A notification that an insurer might give to an insured, informing him that a reported loss might not be covered under his insurance policy.

Question 17

Statue of Limitaions

Answer 17

A statue based on the common law legal system that specifies that maximum period of time, after damages occur, that legal proceedings based on those damages may be initiated.

Question 18

Statutory Law

Answer 18

Based on Laws set forth by a governing authority; I.e. state legislature.

Question 19

Tort

Answer 19

Any civil wrongdoing, whether intentional or unintentional, resulting in a court action to remedy.

Question 20

Intentional Tort

Answer 20

A premeditated wrongful act that causes intentional or intentional damages to another party.

Question 21

Negligent Tort

Answer 21

When a negligent act causes unintentional damages to another party.

Question 22

Tort Law

Answer 22

The body of law that addresses and provides remedies for any civil wrongdoing performed on another party.

Question 23

Tortfeasor

Answer 23

The defendant in a court case who committed the tort; also known as the defendant.

Question 24

Waiver of Sovereign Immunity

Answer 24

Sovereign Immunity disallows an individual to sue a governmental entity; the waiver of sovereign immunity allows individuals to sue governmental entities under specific circumstances.

Question 25

Wrongful Death Act

Answer 25

Allows the individuals who are associated with a deceased person who was killed because of a negligent act to sue the responsible party.