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43 Cards in this Set
- Front
- Back
What is a Tort? |
>Frech word for WRONG >A civil WRONG |
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Liability |
>a wrongful act for which a person is held LEGALLY RESPONSIBLE. |
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Tortfeason |
>the PERSON COMMITTING the tort(wrong) |
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Remedy |
>relief given to a party ton enforce a right >often MONEY for the damages |
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Damages |
>remedy awarded at law, int the form of MONEY |
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Protected interest |
>person has a right (under tort law)t to be protected from certain kinds of conduct e.g. one interest to protect oneself from physical harm, in own freedom of movement, maintaining privacy, and in protecting personal property from destruction or damage. |
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Classifications of Tort |
>Intentional >Unintentional (negligence) >Strict Liability |
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Intentional |
>intending the result of your *Assault *Battery *False Imprisonment |
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Negligence |
>Failure to use reasonable care resulting in harm to a person or property |
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Strict Liability |
>Liability imposed without regard to fault, tortfeasor is held responsible without regard to blameworthiness >Abnormally dangerous activity *Mining blasts *Nuclear power |
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Civil law |
>system dealing with the definition ans enforcement of private and public rights |
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Criminal law |
>system dealing with wrongful action perpetrated against society, and demands redress |
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Lawsuit |
> civil legal action brought by a party against another |
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Plaintiff |
>person bring the action of the lawsuit |
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Defendant |
>person being sued |
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Burden of proof |
>party's duty to prove a disputed assertion in a law suit or persecuton |
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Preponderance of the evidence
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>allegations are "more than likely not" true
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Prosecution |
>legal action brought against a defendant alleging the commission of a crime
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Beyond a reasonable doubt |
>prosecution must prove its case leaving no reasonable doubt as to the guilt of the defendant in the minds of the jurors |
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Penalty |
>imposed on a defendant found guilt in a criminal prosecution * fines *imprisonment *death |
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Four hierarchy |
>constitutional law >statutory law (congress) >administrative (president) >common law (case law) |
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Common law |
>judge-made law created by the courts and found in courts opinions; called case law |
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Statue |
>law enacted by a legislature |
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Case on point |
>previous court decision involving similar facts and legal issues` |
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Binding or Mandatory authority |
>legal authority that a court must follow in deciding the issue at hand |
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Secondary sources of law |
>summarize or interpret law; not laws the selves >Includes: *materials such as case digest *legal encyclopedias *restatement of torts |
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Primary sources of |
>resources that establish the law on an issue, such as court decision, constitution,statute, or administrative regulations
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Case name/Case title |
>identifies the parties to a court case |
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Case citation |
>locator reference >includes: * Vol. number the where the case is publ. *name of the reporter *pg. number on which the case begins * identification of the rending the decision and yr. of decision >e.g. "Palsgraf v. long Island R.R. CO., 162 N.E. 99 (N.Y. 1982)" |
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Persuasive authority |
>authority that is not binding on a court but that may be used as guidance in making its decision |
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Researching Tort law
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>main source of tort law is state common law, it is researched primarily by searching for the state cases >published court cases are found in reports and can be located by case name and citaton |
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Case briefing |
>reading, analyzing,and summarizing the case >includes: *case name/title and citation *summary if the key facts *issue(s) *holding(s) *summary of the court's reasoning |
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Opinion |
>usually lengthy. analysis,decision and reasoning of the court in ruling on a case |
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Unanimous opinion |
>opinion in which all the judges agree |
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Majority opinion |
>opinion in which a majority of the judges agree |
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Concurring opinion |
>judges who agree with the court's majority opinion,but for different reasons |
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Dissenting opinion |
>judges who disagree with court's majority opinion |
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Case brief |
>mechanism for summarizing, in written form, a court case |
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Essential elements |
>component parts to support the tort * if missing an element tort has not been committed |
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Contingency fee |
>fee based on a percentage of the plaintiff's recovery |
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Tort reform |
>changing the rules and applications of tort law to reverse the upward trend in compensation |
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Plaintiff"s attorney |
>lawyer who represents an injured person in tort lawsuit |
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Personal injury case |
>name for negligence cases resulting in personal injury to a plaintiff. (PI cases) |