strict liability

Question 1

what are the three types of torts? are they intentional or unintentional?

Answer 1

intentional tort
negligence (unintentional)
strict liability (unintentional)

Question 2

strict liability

Answer 2

legal responsibility for damage or injury even if you are not negligent

Question 3

what has to be proven in a strict liability case? how is this different from a negligence case?

Answer 3

causation and damages
negligence cases must prove duty, breach, causation, and damages

Question 4

what situations does strict liability apply?

Answer 4

situations that are dangerous regardless of whether or not you take the most care

Question 5

product liability

Answer 5

legal responsibility of manufacturers or sellers for injuries caused by defective products

Question 6

consumer product safety act

Answer 6

issues and enforces mandatory product standards

Question 7

3 types of product liability claims

Answer 7

manufacturing defect
design defect
failure to warn

Question 8

how do strict liability laws protect consumers?

Answer 8

Any defect of the design of the product, defect in manufacturing, and hazard that is not on the product can help the consumers if they are suing the company

Question 9

environmental law

Answer 9

field of law dealing with the maintenence and proctection of the envoronment, including preventative measures such as the requirements of environmental impact statements, as well as measures to assign liability and provide cleanup for incidencts that harm the environment

Question 10

why do we have environmental law

Answer 10

To regulate activities that are harmful to the environment
To require clean-up of pollution at the expense of the polluter
To protect natural resources and critters
To ensure that environmental factors are considered before undertaking an action
To regulate land use and growth

Question 11

who regulates environmental law

Answer 11

local agencies
federal agencies
citizens/citizen groups

Question 12

nuisance claim

Answer 12

individual who is bothered by the activities of another can bring an action in court seeking an order that the injurous activities must stop

Question 13

toxic tort

Answer 13

Actions brought by individuals who claim they were injured by pollution caused by a corportation or other entity

Question 14

plaintiff

Answer 14

person who files a complaint in a civil lawsuit

Question 15

pro bono

Answer 15

free service offered by an attorney to take a case

Question 16

damages

Answer 16

monetary award that is given to an injured party in a civil case

Question 17

class action lawsuit

Answer 17

procedural device that permits one or more plaintiffs to fine and prosecute a lawsuit on behalf of a larger group

Question 18

demurrer

Answer 18

pleading that challenges the sufficiency or adequacy of pleadings of another party

Question 19

statute of limitations

Answer 19

law that sets the maximum amount of time that parties inolved in a dispute have to initiate legal proceedings from the date of an alleged offense

Question 20

statute of limitations

Answer 20

law that sets the maximum amount of time that parties inolved in a dispute have to initiate legal proceedings from the date of an alleged offense

Question 21

contingency fee

Answer 21

fee arrangement in a case in which an attorney or firm agrees that the payment of legal fees will be contingent upon the successful outcome of the case

Question 22

binding arbitration

Answer 22

submission of a dispute to a neutral party who hears the case and a makes a decision