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