TORT

Question 1

subrogation

Answer 1

Insurance company right to recoup from tortfeasor payments insureer made to plaintiff

Question 2

cause of action

Answer 2

claim against person who committed tort

Question 3

Strict Liability

Answer 3

tort law imposes liability without fault, 13- 18th century, if action affirmative and direct liable without fault, Cause of action “trespass”

Question 4

Formalism

Answer 4

18th century common courts

Question 5

nisi additur

Answer 5

Motion for a new trial absolute as to damages only

Question 6

additur

Answer 6

judge power to deny plaintiff motion for new trial on condition that the defendant consents to pay an increased award of damages

Question 7

compensatory damages

Answer 7

Have occured or reasonably certain to occur

1) lost wages/lost earning capacity
2) medical expenses
3) pain and suffering endured(including mental and emotional pain)
4) any special or particularized damages that do not fit neatly within the other categories

Question 8

Remittur

Answer 8

judges power to den defendant’s motion for new trial if plaintiff remits part of an excessivley high awrd

Question 9

Punitive damages

Answer 9

allowed when a tortfeasor has acted maliciously or willfully or wantonly in causing injury provides added deterrence measured by what will punish defendant given seriousness of wrongdoing