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Law Education > unit four test review > Flashcards

unit four test review Flashcards

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1
Q

tort

A

in civil law, when someone commits a wrongdoing

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2
Q

plaintiff

A

person bringing the charge to court

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3
Q

defendant

A

person on trial

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4
Q

damages

A

defendant is ordered to compensate the plaintiff by paying monetary damages (injuries/losses by one person/money asked for/paid by court order for injuries/losses)

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5
Q

remedy

A

something to make up for the harm done (there isn’t always a remedy)

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6
Q

liability

A

legal responsibility for harm

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7
Q

settlement

A

agreement reached by both parties to compensate the injured person, made before the trial that settles/ends dispute

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8
Q

common law

A

system in which court decisions establish legal principles and rule of law

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9
Q

precedent

A

appellate decisions used to decide future cases

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10
Q

civil law

A

deals with dispute between individuals/groups of individuals

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11
Q

preponderance of the evidence

A

standard of proof, more than 50% of the weight of the evidence must be in the plaintiff’s favor, in order to wi, for civil cases

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12
Q

deep pockets

A

plaintiffs try to sue a defendant who has enough money to pay for the damages

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13
Q

class action

A

hundreds of people can be injured by an action, and these people can form a “class” and bring their lawsuit together

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14
Q

premium

A

insured person agrees to make payments to the insurance company and the insurance company agrees to pay for the damages caused by the insured persons for the length of the contract

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15
Q

malpractice

A

lawsuits brought against doctors, lawyers, etc., by clients/patients who claim that a professional acted in a negligent manner

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16
Q

deductible

A

an amount you agree to pay towards repairs before the insurance company pays anything

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17
Q

intentional wrong (tort)

A

someone intents to cause harm against a person/property, most common tort

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18
Q

negligence (tort)

A

failure to exercise someone’s care (physical, emotional, financial)

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19
Q

strict liability (tort)

A

legal responsibility without fault (least common)

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20
Q

can minors be sued

A

yes, but must prove that the child acted unreasonably for their age

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21
Q

what is a contingency fee and the pros/cons for the plaintiff?

A

how much attorney gets IF they win, (30-50%) pro: allows those with limited finances to have an access to an attorney
con: some cases can be settled without a trial or filing a case in court

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22
Q

under what conditions is worker’s compensation usually denied to an injured employee?

A

if the accident was due to employee’s failure to follow safety rules

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23
Q

what is the purpose of having insurance?

A

protection against unexpected financial losses, and is a way to manage your risk

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24
Q

compensatory damages

A

money the defendant pays to the plaintiff for harm (physical, emotional, financial)

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25
Q

nominal damages

A

token amount of money awarded to the plaintiff to show that the claim was justified(wasn’t really any damage to the plaintiff)

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26
Q

punitive damages

A

meant to punish, can be combined with nominal damages, money paid to to the plaintiff to by the defendant, to punish them and warn others to not engage in such conduct

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27
Q

infliction of emotional distress

A

intentionally using words or actions that are meant to cause someone extreme anxiety or stress

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28
Q

false imprisonment

A

being held against your will

29
Q

real property

A

land and all items attached to it (houses crops, immobile items)

30
Q

personal property

A

property/belongings that can be moved such as clothes, cars, furniture, appliances

31
Q

injunction

A

a court order requiring a person to do/refrain from doing a particular act

32
Q

conversion

A

taking another’s property without consent

33
Q

two types of intentional torts

A

injuries to a person, injuries to a property

34
Q

name and describe the 5 most common intentional torts

A

battery (harm to another w/o consent )
assault(threat)
false imprisonment (being held against your will)
trespass (intrusion on another’s property
infliction of emotional distress (using words/actions meant to cause someone anxiety/distress)

35
Q

nuisance

A

unreasonable inference with use and enjoyment of ones property, repeated/continued

36
Q

legal defenses used against a claim of infliction of emotional distress

A

conduct wasn’t outrageous
plaintiff is overly sensitive
a reasonable person would not have suffered extreme distress as a result

37
Q

what is defamation (and best defense against it)

A

slander (verbal) and libel (written)
if what is being said is true, it is not defamation

38
Q

two most common defenses to intentional torts

A

consent:plaintiff consented willingly
privilege: conduct was justified
(legal authority, self defense, defense of property)

39
Q

intellectual property

A

person’s idea/invention that is given special ownership protections

40
Q

patent

A

serves inventors, grants exclusive right to exploit an invention, medical devices, goes for 20 years

41
Q

copyright

A

serves authors, protects original creative works, music, art, photography, 70-170 years time limit

42
Q

trademarks

A

serves brands, distinguishes product/service from competitors, words, logos, signs, colors, indefinite time limit

43
Q

infringement

A

illegal use of someone’s property, such as a copyright, patent or trademark

44
Q

derivative works

A

works that are very similar to but slightly different from a copyrighted work

45
Q

negligence

A

failure to exercise reasonable care

46
Q

elements of a negligence case

A

!!ALL MUST BE PROVEN!!
duty-was it the defendant’s duty?
breach of duty-did they fail to perform this care?
causation-was it their conduct that caused the harm?
(cause in fact, would the harm have occurred without it)
proximate cause (must be a close connection between wrongful act and harm caused)
(foreseeable harm, was the damage foreseeable)
damages-did the plaintiff suffer harm/damages

47
Q

contributory negligence

A

plaintiff cannot recover damages if their own negligence contributed to their own harm

48
Q

comparative negligence

A

divides losses according to degree to which each person is at fault. variation of contributory negligence

49
Q

counterclaim

A

claim made by the defendant against the plaintiff in a civil case

50
Q

assumption of the risk

A

when a person voluntarily accepts the risk in a known danger

51
Q

what is the “reasonable person standard”

A

imaginary/idealized, how we as a society expect people to act in a reasonable situation not the average, everyday person

52
Q

what is the attractive nuisance doctrine

A

must take reasonable care to protect children if landowners have something that may attract children on their property (pools, trampolines)

53
Q

what is the basic idea behind the awarding of damages in a negligence lawsuit

A

belief that the plaintiff should be restored to their pre-injury condition (make up for it via money)

54
Q

what are some examples of economic harm

A

medical expenses, lost wages, damages to property, reduced earnings

55
Q

what are some examples of non-economic harm

A

pain and suffering, mental distress, permanent physical loss

56
Q

what is the standard used in negligence cases involving minors as defendants

A

compares their conduct with others of the same age, intelligence, and experience. minors who engage in adult crimes/activities are often held to the same standard as adults

57
Q

strict liability

A

legal responsibility or liability without fault

58
Q

toxic torts

A

address harm resulting from the use of toxic chemicals and other hazardous materials

59
Q

product liability

A

legal responsibility of manufacturers or sellers for injuries caused by defective products

60
Q

examples of strict liability

A

construction/demolition jobs, storing and transporting dangerous goods, dog attacks, product liability, dram shop (over sell alcohol with a bad result)

61
Q

what two elements must be proven in order to prove strict liability

A

causation (was it their actions that caused your harm)
damages (was there real harm done)
don’t have to prove breach of duty

62
Q

how does the law define dangerous activities

A

unreasonably dangerous activities where risk cannot be eliminated even with reasonable care

63
Q

under what conditions can pet owners be held strictly liable for their pet’s actions?

A

pet owners can be held liable if they knew or should have known of viciousness of pets

64
Q

what are some possible defenses to strict liability?

A

prove negligence by the plaintiff
-prove that plaintiff misused to product leading to their harm
prove no causation and damages

65
Q

what goals should the tort law system achieve?

A

compensate harmed persons in prompt/efficient way
fairly allocate benefits to victim and costs to wrongdoers
deter conduct that is unreasonably risky and dangerous

66
Q

what are some criticisms of the tort law system?

A

unreasonably high amounts of money awarded to plaintiff
going to court is expensive, lawyers get too much money
resolving disputes takes too long
difficult to determine who’s at fault in tort cases
injured should sometimes receive compensation for a loss, regardless of whether the other party was at fault

67
Q

what is the main focus of tort reformers?

A

change the process of settling claims(no fault:Indiana’s auto insurance)
(require parties to attempt to settle dispute before court)
limit amount of time to file a lawsuit (statute of limitations)
limit damages/settlements
(90% of civil cases settled outside of court) (media cases creates perception of large awards for damages)

68
Q

explain how the cost of safety can affect prices of products

A

tort law provides a strong incentive to produce safe products and deliver safe services. Knowing that harmful products or practices will be costly encourages careful product development and testing as well as proper training and supervision of service providers

Law Education (4 decks)

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