Tort Law Chapters 9 & 10

Question 0

What are the 10 steps to give a summons?

Answer 0

1) give a summons
2) payment into court
3) a defense
4) counter claim
5) 3rd party claim
6) Default Judgement
7) Civil procedure in a higher court
8) Out of court settlement
9) Pretrial conference
10) Trial by judge/ jury

Question 1

What are the two courts you can sue in?

Answer 1

1) small claims court (under or equal to 10k) with only a judge
2) Supreme Court, with judge or jury

Question 2

What are the 6 categories of financial compensation?

Answer 2

1) General Damages: pecuniary and non-pecuniary
2) Special Damages: health care
3) Punitive Damages: paying out of your own pocket
4) Nominal Damages: ex. trespassing
5) Injunctions: ex. playing loud music from 6pm to 9am
6) Court costs

Question 3

What are the 4 steps in Enforcing Judgement?

Answer 3

1) garnishment: compensation taken out of your pay
2) examination of debtor: determining from your assets how much you pay per month
3) seizing assets: property seized to victim
4) automobile judgements: no license until you pay compensation

Question 4

What are 3 other forms of compensation:

Answer 4

1) Workers compensation (injured worker getting paid 60% of your salary without tax)
2) Motor vehicle liability (car insurance)
3) Other liability insurance (ex. house, medical malpractice insurance)

Question 5

Name the 3 Alternative Dispute Resolutions

Answer 5

1) mediation (3rd party)
2) negotiation (2 parties solve issue)
3) arbitration (3rd party makes $ decision)