Chap 7: Torts
res judicata
"thing decided", provision in civil law similar to double jeopardy, once a case has been through all possible appeals, it is decided forever and cannot be re-tried
For negligence to exist, plantiff must prove that....
1. Defendant had a duty to act a in a certain way 2. Defendant breached that duty 3. This breach of duty was the cause of the plaintiff's injury
two types of causation
1. actual cause (also called the 'but for' clause) 2. proximate cause (also called legal cause)
three categories of torts
1. intentional 2. negligent 3. strict liability
three forms of redress in favor of plaintiff
1. monetary damages 2. injunctions 3. specific performance
T/F: Family law cases constitute the majority of cases brought before American courts.
F, torts constitute the majority of cases brought before American courts
Difference between motive and intent?
Motive is the reason for having the desire to cause the consequences where as intent is the desire to cause the consequences.
T/F: Unlike criminal law, tort law does not seek to punish the wrongdoer but to help the injured party gain financial recompense.
T
comparative negligence
a doctrine that attempts to apportion the responsibility among each party (if both parties negligent, the injured party may only recover the percentage of his injuries caused by the other party)
contributory negligence
a doctrine that holds that if an injured party was in any way partially responsible for his or her injuries, then he or she is barred from recovering from a tortfeasor
consent
a person may consent to being harmed by another person (ex. boxers) and thus can be used as a defense to tort claims
intentional tort
acts in which the defendant (or tortfeasor) deliberately causes harm to another person or his or her property
punitive damages
also known as exemplary damages, these are damages awarded in excess of compensatory damages and are intended to serve as a punishment that discourages conduct of the type the defendant displayed
tort law
body of law associated with harm caused to plaintiffs by the action or inaction of defendants
strict liability torts
cases in which the plaintiff need not prove that the defendant acted intentionally or negligently
torts
cases involving injury to persons or property
negligent tort
conduct which falls below the standard established by law for the protection of others against unreasonable risks of harm
"reasonable person" standard
did the defendant act the way a reasonable person should have acted to prevent the harm from occurring?
examples of torts
invasion of privacy, personal injury, medical/legal malpractice, product liability, or simple trespassing
tort reform
efforts of insurance companies and their clients to convince Congress to pass laws severely limiting what they see as frivolous lawsuits and exorbitant punitive damages
preponderance of the evidence
evidence indicates that it is more likely than not that the defendant committed the wrongful act
The rights afforded criminal defendants under the [blank], [blank], and [blank] amendments do not apply to civil defendants.
fourth, fifth, and sixth
actual cause
if the injury would not have occurred but for the defendant's action, then there exists actual cause
Typical standard of care in negligence cases?
ordinary care, or the degree of care expected from the "reasonable person"
specific performance
particular actions that the defendant must preform as punishment in certain civil cases
plaintiff
private party that files a complaint in a civil case
A conviction in a criminal trial requires [blank].
proof beyond a reasonable doubt
A conviction in a civil trail requires [blank].
proof by a preponderance of the evidence.
clear and convincing evidence
standard of proof required in some states' civil cases, proof falls between preponderance of the evidence and beyond a reasonable doubt standards
In criminal cases, the burden of proof is always on the [blank] while in civil cases, the burden of proof is initially on the [blank].
state, plaintiff
proximate cause
the defendant's action is not only the actual cause but also that the defendant is legally responsible for the harm that befell the victim
involuntary commitment
use of legal means to commit someone to a mental institution against his or her will
causation
victim must be able to show that the tortfeasor's actions were the cause of the victim's injuries