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