Torts

Front 1

What is a tort

Back 1

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

Front 2

Differences in Judge and Juries

Back 2

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.

Front 3

Statute of Limitation: Medical Malpractice

Back 3

1 year from injury or discovery of injury(discovery rule applies). Therapist statute extends to 2 years

Front 4

Statute of Limitation: Slander

Back 4

6 months

Front 5

Statute of Limitation: Property damages

Back 5

3 years from when damage occurs or when damages should reasoably been discovered. Includes both real and personal property

Front 6

Statute of Limitation: Libel, false imprisonment, malicious prosecution

Back 6

1 year

Front 7

Statute of Limitation: Personal Injury

Back 7

1 year from date injury occurs or discovery

Front 8

Statute of Limitation: Products Liability

Back 8

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

Front 9

Statute of Limitation: Wrongful Death

Back 9

1 year from death minors have 1 year after age 18

Front 10

Statute of Repose for Medical Malpractice

Back 10

Limit 1 year for discovery, 3 year for repose

Front 11

Exceptions to Satute of Repose/Limitations

Back 11

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.

Front 12

Exceptions to Satute of Repose/Limitations

Back 12

Foreign objects-1 year from the discovery of object. Remeber statute of repose doesn't have discovery rule.