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23 Cards in this Set
- Front
- Back
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Civil cases
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They present disputes between individuals and institutions.
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What is civil justice?
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It is compensation for injured parties which discoruages them from seeking retribution directly from the injurer.
It encourages responsible behavior by penalizing individuals and institutional that can be irresponsible. |
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What does the dispute become a civil case?
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When an injured party seeks a resolution that a court can authorize, such as compensation for an injured skier's medical expenses and lost wages.
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What is tort?
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Personal injury, litigation.
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What is the problem with these civil juries?
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They are biased against the defendant corporations in personal injury cases and they award large amounts of money to plaintiffs in frivolous lawsuits against those corporations because of their deep pockets.
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Who are tort reformers?
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They are critics of the civil justice processes.
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What are compensatory damages?
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They are awards designed to cover medical expenses, lost wages, and etc.
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What punitive damages?
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They are awards designed to change the defendant's behavior to a woman who was burned when a Styrofoam cup of scalding hot coffee accidentally spilled in her lap.
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How are civil litigation beneficial to society?
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It can deprive a company/party of funds that might have been used to operate irresponsibly.
Changes the future behavior of defandant Changes values of defendant Sets precedent for future cases and sets the standard of services higher for other companies. |
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What is product liability?
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In 1996, congress passed legislation that would have limited the amount of punitive damages that could be liable in products liability.
Cases which allege that the plaintiff injuries caused by design or manufacture defects in a product the plaintiff used. Clinton vetoed the bill. |
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What are non-economic damages?
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Pain and suffering
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What do non-economic damages do in terms of caps/limits on attorney fees?
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All damages over 50,000 be payed in periodically.
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Why do tort reformers prefer federal courts
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because they are less sympathetic to tort claims than start courts
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What are the facts of the Peterson vs Big Pine?
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Shannon Peterson was with her friends skiing.
- She lost her balance, suffered a concussion, broke her collar bone, crushed other parts of her body. - It ended her soccer career and a semester of her classes. - Had double vision too - Shannon's Lawyer was Gene Jefferson filed a suit with Pine County Superior Court against Big Pine on the grounds that the resort was legally responsible for those injuries. |
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What is the long arm statue?
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It permits state courts there to exercise jurisdiction over civil defendants who are not residents of ne Hampshire.
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What was Peterson going to sue for?
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Negligent operation of business & Negligent infliction of emotional distress
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What is Service of Process?
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It establishes a courts personal jurisdiction over the defendant to appear in court and to defend the suit or risk a default which would mean an automatic victory for the plaintiff.
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What is a summon?
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A document signed by the clerk of Pine County Superior Court that stated a date by which Big Pine had to respond to the complaint under teh penalty of default.
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What is a Motion to Dismiss?
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Asking the judge to dismiss a case because the plaintiff has failed to state a claim for which the law grants a remedy. Or because the plaintiffs case is legally deficient.
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When was the objection filed?
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With in 10 days of hearing...
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The hearing enabled...
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her suit to proceed.
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When did discovery begin?
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After Big Pine's motion to dismiss was denied.
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What is Discovery?
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It's a system in which parties learn about each other in order to prevent any surprises.
- Preserves information, evidence and trials. - It clarifies the issues. |
