Unit 4 Civil Law

Question 0

What Is an act of god?

Answer 0

A defense claiming that an accident was caused by an extraordinary, unexpected natural event

Question 1

What is a tort?

Answer 1

A civil action in which the injured party can sue the wrongdoer for damages

Question 2

What is next of friend?

Answer 2

An adult who represents a child or person under a disability who initiates a civil law suit

Question 3

What is guardian ad litem?

Answer 3

The person appointed to act on behalf of a minor or person under a disability who is being sued

Question 4

What is duty of care?

Answer 4

One thing the plaintiff has to prove for a negligence claim is duty of care. Duty of care: the defendant should have been looking out for someone like the plaintiff

Question 5

What is small claims court?

Answer 5

Small claims court is a quick and inexpensive way for a person who feels they have been wronged to seek justice:

1) small claims courts deal with lawsuits up to a maximum of $25000
2) the individual who feels they have been wronged (i.e. a tort) must initiate court action within a certain time period (usually 6 months) otherwise the right to sue is lost

Question 6

What is tort law?

Answer 6

A wrong against an individual
Part of private (or civil) law
Compensates the victim
Plaintiff vs defendant

Question 7

What are the two types of torts?

Answer 7

Intentional and unintentional

Question 8

What do intentional torts involve?

Answer 8

A. The person 
1. Assault and battery 
2. Medical assault and battery 
3. False imprisonment
B. Property 
1. Trespass to land 
2. Nuisance 
3. Trespass to chattels 
-wrongful taking 
- conversion 
-detinue 
C. Reputation 
1. Defamation of character 
-libel 
-slander

Question 9

What do unintentional torts involve?

Answer 9

A. Negligence
- defendant had no intention of committing the wrong, but acted carelessly
-includes motor vehicle negligence, manufacturers liability, vicarious liability and occupier’s liability
B. Strict liability torts
- liability can be imposed even if there was no intent of negligence
-example: use of dangerous explosives, having dangerous animals

Question 10

What is slander?

Answer 10

A defaming oral statement or gesture

Question 11

What is libel?

Answer 11

Defamation in a permanent form, such as written or recorded statements.

Question 12

What is a statement of claim?

Answer 12

A document outlining the facts supporting a civil action and the remedy desired.

Question 13

What is a plaintiff?

Answer 13

The party initiating a legal action

Question 14

What is a defendant?

Answer 14

The party being sued in a civil action

Question 15

What is balance of probabilities?

Answer 15

The weighing of evidence to decide whether it is the plaintiffs or the defendants version of the events that is more convincing or likely to be correct.

Question 16

What is an injunction?

Answer 16

A court order requiring or prohibiting an action

Question 17

What is garnishment of wages?

Answer 17

A court order requiring that money owed by a defendant to a plaintiff be paid out of the defendants warnings or bank account

Question 18

What are pecuniary damages?

Answer 18

Money awarded to the plaintiff for things like future lost wages or long-term special medical care

Question 19

What are non-pecuniary damages?

Answer 19

Compensation for losses that do not involve an actual loss of money AND are difficult to quantify (i.e. #1 draft pick of N.H.L. loses a leg as a victim of a drunk driving accident.)

Question 20

What are aggravated damages?

Answer 20

Compensation for the intangible losses from distress, embarrassment or loss of reputation, usually awarded in cases involving slander or libel

Question 21

What are special damages?

Answer 21

Damages awarded for “out of pocket expenses” (ambulance services, car rentals, etc.)

Question 22

What are punitive damages?

Answer 22

Although awarded to plaintiff, purpose is to punish defendant

Question 23

What are nominal damages?

Answer 23

Very small or minor compensation; awarded to verify the legitimacy of the plaintiff’s statement of claim of case (i.e. Judge awards plaintiff $1in slander suit)

Question 24

What is examination for discovery?

Answer 24

Examination of evidence by both sides before a civil trial