Unit 4 Civil Law Flashcards
What Is an act of god?
A defense claiming that an accident was caused by an extraordinary, unexpected natural event
What is a tort?
A civil action in which the injured party can sue the wrongdoer for damages
What is next of friend?
An adult who represents a child or person under a disability who initiates a civil law suit
What is guardian ad litem?
The person appointed to act on behalf of a minor or person under a disability who is being sued
What is duty of care?
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
What is small claims court?
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
What is tort law?
A wrong against an individual
Part of private (or civil) law
Compensates the victim
Plaintiff vs defendant
What are the two types of torts?
Intentional and unintentional
What do intentional torts involve?
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
What do unintentional torts involve?
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
What is slander?
A defaming oral statement or gesture
What is libel?
Defamation in a permanent form, such as written or recorded statements.
What is a statement of claim?
A document outlining the facts supporting a civil action and the remedy desired.
What is a plaintiff?
The party initiating a legal action
What is a defendant?
The party being sued in a civil action
What is balance of probabilities?
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.
What is an injunction?
A court order requiring or prohibiting an action
What is garnishment of wages?
A court order requiring that money owed by a defendant to a plaintiff be paid out of the defendants warnings or bank account
What are pecuniary damages?
Money awarded to the plaintiff for things like future lost wages or long-term special medical care
What are non-pecuniary damages?
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.)
What are aggravated damages?
Compensation for the intangible losses from distress, embarrassment or loss of reputation, usually awarded in cases involving slander or libel
What are special damages?
Damages awarded for “out of pocket expenses” (ambulance services, car rentals, etc.)
What are punitive damages?
Although awarded to plaintiff, purpose is to punish defendant
What are nominal damages?
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)
What is examination for discovery?
Examination of evidence by both sides before a civil trial
