Chapter 5

master-servant rule

holds the master (employer) liable for the conduct of the servant (employee)

defamation

is a false communication or careless disregard for the truth that causes damage to someone's reputation. in writing(Libel) or Verbally(Slander)

strict liability

liability without fault

damages

monetary award by the court to a person who has suffered loss or injury because of the act or omission of another

witness

someone who sees an event and reports what happened

statutes of repose

statutes that cut off the right to sue for defects in design and manufacturing of products after a certain time, typically 10 to 12 years, after manufacture or sale

testimony

the statement of a witness under oath

false imprisonment

the unlawful restraint of someone which affects the person's freedom of movement; includes both the threat of being physically restrained and actually being physically restrained.

Invasion of privacy

tort of intentional intrusion into the private affairs of another

Intentional torts

torts caused by intentionally by the person who commits the tort

Negligent torts

torts that are caused by the negligence of the person who commits the tort

conversion

using property in a manner inconsistent with the owners rights

Distinctions between civil and criminal law:

who the parties are what the possible outcomes are the application standard of proof the consequences for the defendant the procedural rules that apply

intentional torts

A civil wrong resulting from an intentional act committed on the person, property, or economic interest of another. Intentional torts include assault, battery, conversion, false imprisonment, intentional infliction of emotional distress, trespass to land, and trespass to chattels.

summons

A document informing a defendant that a legal action has been commenced against him or her and that the defendant must appear in court on a certain date to answer the plaintiff's complaint. The document is delivered by a sheriff or any other person so authorized.

duty

A moral or legal obligation; a responsibility

negligence

Carelessness

How are civil damages collected?

Defendant is ordered to pay Writ of execution

Elements of a Tort

Duty Violation of the duty Injury Causation

What constitutes negligence?

Duty imposed by negligence Breach of duty Causation and injury Defenses to negligence

Why is strict liability necessary?

Engaging in abnormally dangerous activities Owning dangerous animals Selling unreasonably dangerous goods

complaint

Filed by the plaintiff with the court to initiate the lawsuit; served with a summons on the defendant.

assault

A threatened or attempted physical attack by someone who appears to be able to cause bodily harm if not stopped

compensatory damages

Damages awarded in a civil suit that are intended to restore the plaintiff to the same condition that he or she was in prior to the incident complained about in the lawsuit.

punitive damages

Damages that are sometimes awarded in a civil suit when the conduct of the defendant was intentional or constituted a reckless disregard for the safety of the public.

trespass to land

Defendant intentionally entered or remained on another's real property without permission

Strict liability torts

In tort law, strict liability is the imposition of liability on a party without a finding of fault (such as negligence or tortious intent). The claimant need only prove that the tort occurred and that the defendant was responsible. The law imputes strict liability to situations it considers to be inherently dangerous

Remedies available in a civil suit

Injunction Damages

What procedure is used to try a civil case?

Judge or jury Opening statements and testimony Closing arguments and instructions to the jury Jury deliberation and the verdict

respondeat superior

Meaning let the superior respond or the master speaks for the servant; the physician, supervisor, or employer may be liable in certain cases for the wrongful acts of employees or subordinates

3 types of torts

Negligent torts Intentional torts Strict liability torts

plaintiff

One who begins a lawsuit

evidence

Supporting materials used to prove or disprove something

battery

The basis of tort in this case the unprivileged touching of one person by another.

judgment

The use of available evidence or facts to formulate a rational opinion

fraud

Wrongful or criminal deception intended to result in financial or personal gain

Black's law dictionary defines torts as

a civil wrong for which a remedy may be obtained

injunction

a court order commanding a person or group to stop a certain action

verdict

a firm decision

answer

a legal document filed with the court In which the defendant in a civil case states his or her response to the complaint

Tort

a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability

What are the most common intentional torts?

Assault Battery False imprisonment Defamation Invasion of privacy Trespass to land Conversion Interference with contractual relations Fraud