Liability & Law

Question 1

Stautory law

Answer 1

Bases on written laws

Question 2

common law

Answer 2

based on previousy made court decisions when statutory law doesn’t provide an answer

Question 3

contract law

Answer 3

regulates how to make and enforce legally binding agreements

Question 4

tort

Answer 4

any civil wrongdoing intentional or not

Question 5

tort law

Answer 5

law that provides remedies for torts

Question 6

plaintiff

Answer 6

is the claimant

Question 7

tortfeasor

Answer 7

commited tort is defendant

Question 8

joint tortfeasor

Answer 8

more than 1 person commited tort

Question 9

Intentional tort

Answer 9

planned wrongful act

Question 10

Negligent tort

Answer 10

unintentional wrongful act

Question 11

Jurisdiction

Answer 11

authority of a court or Judge to hear a case and to make a judgment

Question 12

Judicial distract

Answer 12

the designation of a geographic area over which a particular court has jurisdiction

Question 13

Complaint in court

Answer 13

claimant takes their case to court

Question 14

Answer in court

Answer 14

Defendant ( tortfeasor) must answer to accept and pay, accept and show evidence, or deny

Question 15

default judgment in court

Answer 15

in court if defendant does not respond the plaintiff will have to prove case to judge to win

Question 16

duties of the insured when going to court

Answer 16

keep insurer updated w all info and to do as insurer says

Question 17

Insurer Obligation in court

Answer 17

to defend policyholder and pay for legal expenses

Question 18

Reservation of rights in court

Answer 18

insurer can defend their policyholder and then if they find out that its not covered they can withdraw

Question 19

Damages in court

Answer 19

monetary compensation for loss

Question 20

Non waiver agreement

Answer 20

same thing as reservation if rights but policyholder must sign giving up their right

Question 21

what are the categories of harm in court?

Answer 21

physical, financial, both physical/financial, or emotional/reputational

Question 22

what are the two main types of damages in court?

Answer 22

compensatory and punitive

Question 23

compensatory damages

Answer 23

money awarded for tangible and intangible economic loss

Question 24

two types of compensatory loss

Answer 24

special and general

Question 25

diminution of value

Answer 25

the act of calculating compensatory loss and declaring the total amount of compensatory loss

Question 26

special damages

Answer 26

compensatory loss award for tangible thing

Question 27

general damages

Answer 27

compensatory losses for intangible emotional losses that don’t have a price

Question 28

punitive damages

Answer 28

money awarded to punish seamless behavior like slander

Question 29

statue of limitations

Answer 29

law limiting the amount of time they can make a complaint after their loss

Question 30

discovery rule

Answer 30

for statue of limitations when the damages is actually discovered

Question 31

wrongful death act

Answer 31

associated people who can file a complaint because they lost someone to someone else’s negligent act

Question 32

sovereign immunity

Answer 32

can’t sue government entities

Question 33

waiver of sovereign immunity

Answer 33

can sue government entities in certain cases

Question 34

workers comp law

Answer 34

employees can’t sue if they get hurt at job

Question 35

automobile no fault law

Answer 35

restrict right to sure driver of vehicle

Question 36

breach of product warranty

Answer 36

product is not suited for its promised purpose and causes damages they could be sued cuz they are liable