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12 Cards in this Set

  • Front
  • Back
What is a tort
A tort is a civil wrong, other than breach of contract, for which the law provides a remedy in the form of an action for damages
Differences in Judge and Juries
Juries are the trier of fact. Juries determine the legal consequences of those facts. Juries award damages. Juries determine how much weight is given to the evidence once judge says it is admissible. Judge decides questions of law and what legal rules apply and the admissability of the evidence.
Statute of Limitation: Medical Malpractice
1 year from injury or discovery of injury(discovery rule applies). Therapist statute extends to 2 years
Statute of Limitation: Slander
6 months
Statute of Limitation: Property damages
3 years from when damage occurs or when damages should reasoably been discovered. Includes both real and personal property
Statute of Limitation: Libel, false imprisonment, malicious prosecution
1 year
Statute of Limitation: Personal Injury
1 year from date injury occurs or discovery
Statute of Limitation: Products Liability
1 year but statute of repose is 6 years from date of injury, 10 years from purchase or 1 year after expiration date whichever is shorter
Statute of Limitation: Wrongful Death
1 year from death minors have 1 year after age 18
Statute of Repose for Medical Malpractice
Limit 1 year for discovery, 3 year for repose
Exceptions to Satute of Repose/Limitations
Fraudulent Concealment-statue is 1 year from time of the discovery of the injury even if it is longer than 3 years if there has been fraudulent concealment. Remeber statute of repose doesn't have discovery rule.
Exceptions to Satute of Repose/Limitations
Foreign objects-1 year from the discovery of object. Remeber statute of repose doesn't have discovery rule.