Week 1: Introduction Flashcards
What does the word “tort” mean?
A wrong; a private or civil wrong or injury resulting from a breach of legal duty that exists by virtue of society’s expectation regarding interpersonal conduct rather than be contract or other private relationship
How does tort law differ from criminal law?
Criminal: involves breaking a law, damages are prison. Tort: involves injury/harm to the other party or their property, damages are money
What is Actual Causation?
The negligent act would not have occurred “but for the breach of duty” of the defendant
What is Proximate Causation?
The negligent act of the defendant was foreseeable. Proximate cause that which in natural and continuous sequence, unbroken by any dependent cause, produces an event, and without which the injury would not have occured
What the different degrees of a tor action, what is Intent?
Mental state where you knew what you were doing
What the different degrees of a tor action, what is Negligence?
Failure to exercise the degree of care which a person of ordinary prudence (the “reasonable person”) would exercise under the same circumstances. NO punitive damages
What the different degrees of a tor action, what is Gross Negligence?
Failure to use even slight care. Punitive damages CAN be awarded
Under Compensatory Damages, what are General Damages?
Pain and suffering: those damages directly referable to the breach or tortuous act. Losses which can readily be proven to have been sustained, and for which the injured party should be compensated as a matter of right
Under Compensatory Damages, what are Specific Damages?
e.g. lost wages, medical expenses
Under Compensatory Damages, what are Punitive Damages?
Only for intentional torts: compensation in excess of actual damage. A form of punishment to the wrongdoer and excess enhancement to the injured party
Under Compensatory Damages, what are Nominal Damages?
To prove a point: A trivial sum awarded, frequently $1, as recognition that a legal injury was sustained, though slight
What is Injunctive Relief?
Sought in courts of equity. Not after monetary damages, but instead, after the “thing” that may have been taken away
What does it mean for a judge to Remand a case during an appeal process?
To send back, for further deliberation. When a judgement is reversed, the appellate court usually remands the matter back to the trial court for a new trial to be carried out consistent with the principles announce in its opinion
To succeed on appeal, what must the appellant convince the appellate court?
That the trial court committed error of LAW (only questions of law are considered on appeal) that was material to the decision in the case
What is Stare Decisis?
A rule by which common law courts are slow to interfere with principles announced in former decisions and often uphold them even though they would decide otherwise were the question a new one. “To stand by that which was decided”
