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39 Cards in this Set
- Front
- Back
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What is a complaint |
a formal legal document that sets out the plaintiff version of The facts, specifies the damages, frames the issue of the case |
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What are the three major causes of civil action |
Contract law Tort law Property |
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What are the major categories of tort law |
Negligence Strict product liability Intentional torts |
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In a criminal case, you must have this kind of verdict, and which all the jury's agree |
Unanimous verdict |
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In civil cases in Kentucky what are the requirements for district court and circuit court |
District Court~ $5,000 or less, five out of six juries must agree Circuit Court~more than $5,000, 9 out of the 12 jurors must agree |
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What is the burden of proof required for a civil case, what does it mean |
The claim is more likely true than not true Not beyond reasonable doubt |
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The law only holds defendants liable for causing injuries that are..... |
Reasonably foreseeable results of their action |
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What can be used to demonstrate something is reasonably foreseeable |
Actual notice~the defendant knew of the risk of harm Constructive notice~the defendant should have known of the risk |
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Proximate cause is also called |
Legal cause |
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The civil justice system provides a legal forum for |
Resolving disputes and claim of injury |
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What are the main areas of civil law |
Contract law Tort law Property law |
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Define torts |
Physical, emotional, or financial injury is generally caused either accidentally or intentionally |
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Define civil rights |
Discrimination on the basis of race, ethnicity, gender, disability, age or in some states sexual orientation |
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What are the types of illegal relief for injuries caused by defendant the plaintiff can seek |
Damages Declaratory relief Injunctive relief |
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Provide an example of conduct that can trigger both civil and criminal liability |
Battery |
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What is common law |
A body of law developed by judges over many centuries |
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What are the major areas of tort law |
Negligence Strict liability Intentional torts |
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What kind of behavior does negligence refer to |
Accidental behavior |
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An example of negligence |
Simple negligence |
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Intentional torts involve injuries caused by actions done... |
On purpose |
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In strict product liability, the defendant does |
Not need to be acted negligently or intentionally |
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For negligence you must base the level of care on that of... |
A reasonable person |
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What are the elements of negligence |
Duty Breach Cause in fact Proximate cause Damages |
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How many elements must be proven to find someone liable for negligence |
All |
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Describe the first element of negligence |
The defendant owed a duty of care to the plaintiff |
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Describe the second element of negligence |
The defendant failed to fulfill that duty |
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Describe the third element of negligence |
The breach of duty caused the plaintiff injury or harm |
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Describe the fourth element of negligence |
The injury was reasonably foreseeable |
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Describe the fifth element of negligence |
The plant has suffered legally recognized harms |
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What are the elements of strict product liability |
A product is sold by a person regularly engaged in the sale of such product A defect exists in the product of the time it is sold This defect makes his product unreasonably dangerous This defect causes physical harm to the user or customer or property |
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Unlike negligence cases... Strict product liability cases |
Do not focus on the defendant's conduct instead the primary focus is the defect in the product |
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What are the main types of product defects in strict product liability cases |
Design defect Manufacturing defect Marketing defects, failure to warm |
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What are the main categories of damages |
Compensatory damages Punitive damages Nominal damages |
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Actual damages is another name for |
Compensatory damages |
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What is the goal of compensatory damages |
They compensate plaintiffs for their injury |
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What are the two types of compensatory damages |
Economic losses refers to money or property that plaintiff's lose as a result of their injury non-economic loss is referred to physical and or emotional suffering experienced by the plaintiff |
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What are the main purposes of punitive damages |
Punish defendants for behavior that is particularly bad Provide the deterrence for such behavior |
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Nominal damages is an award for |
$1 |
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In some jurisdictions an award for nominal damages can also include |
The plaintiffs legal cost |
