Monday 09/30 civil law Flashcards
1
Q
what does civil law seek to determine instead of guilt?
A
Finding who hurt someone else and to what extent
- monetary damages
2
Q
punitive damages
A
your breach of duty was so egregious that punishment is in order
- long term suffering through extensive negligence
- usually, money is awarded to victim
3
Q
LOSS OF CONSORTION
A
having to rely on someone else to do your daily activities
loss of an intangible benefit.
4
Q
Can there be both a civil and criminal case
A
yes
5
Q
Can they plead the fifth
A
yes but they still have to be involved in the case unlike in criminal trials
6
Q
What are two things defense have to prove
A
- there was no duty or responsibility
- there was a responsibility, but victim is at fault for certain aspects.
7
Q
A