Torts Flashcards
jurisprudence
the study, knowledge, or science of law
Reasons for Law
Harm Principle
Legal Moralism
Legal Paternalism
The offense principle
obligations to obey the law
arguments from gratitude
arguments from fair play
arguments from implied consent
arguments from general utility
arguments from gratitude
people benefit from enforcement of law, and have duty of gratitude that is paid by obeying the law
arguments from implied consent
residence and acceptance of benefits implies consent to laws
arguments from fair play
fairness requires obedience in a society organized around mutually beneficial cooperation.
arguments from general utility
disobedience could be catastrophic.
Justifications of punishment
retributive
deterrence
preventative
rehabilitative
restitutionary
retributive
person who breaks law should suffer in proportion to the magnitude of wrongdoing
deterrence
punishment of wrongdoer deters others from offending
preventative
the incarcerated cannot reoffend
rehabilitative
punishment rehabilitates the offender
restitutionary
victims should be compensated by wrongdoer
tort
act or omission that harms another person and is civil wrongdoing
harm
loss or detriment suffered by individuals
liability
legally enforceable claim on the assets or property of a business or individual
types of torts
negligent, intentional, strict liability
types of intent
general- intending action but not consequences.
specific- intending action and consequences.
elements of a tort
duty
breach of duty
proximate casual relationship between conduct and injuries
cognizable damages
Criminal Cases
concerns actions that harm society, high burden of proof 100%
Civil cases
concern individual compensation for injury or harm, lower burden of proof 50%
Types of Torts
intentional, negligent, strict liability
Duty (Tort law)
the defendant has a duty to the plaintiff when they can/should foresee harm to the plaintiff
breach of duty
defendant does or should foresee that an act or omission will harm the plaintiff and proceeds anyway
