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15 Cards in this Set
- Front
- Back
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what are the 3 kinds of damages?
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1. Nominal damages - (NOT ON MIDTERM)
2. Compensatory damages 3. Punitive damages |
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What are the two types of Compensatory damages?
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1. Economic
2. Non-economic |
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What are the necessary elements to get punative damages?
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Must show either:
1. Malice: Intentional or a willful and conscious disregard of safety or 2. oppression: vile and despised conduct or 3. Fraud: intentional misrepresentation |
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Do punative damages require a higher standard of judgement than standard in torts?
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Yes, Punative damages require clear and convincing evidence not a preponerance of the evidence.
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In calculating punitive damages what three things are considered?
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1. nature of defendants conduct
2. harm caused, (underlining compensatory damages) 3. defendants financial condition |
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What are the four types of economic damages?
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1. Past medical bills
2. future medical bills 3. Past wage losses 4. future wage losses |
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what are the rules regarding what can be recovered for:
1. Past medical bills 2. Future medical bills |
1. The reasonable cost of reasonably necessary bills.
2. Reasonable cost of reasonable medical treatment that is reasonably certain to occur. |
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what are the rules regarding what can be recovered for:
1. past wage loss 2. future wage loss |
1. The reasonable wages lost because of reasonably not being able to work
2.Wage losses that are reasonably certain to occur. |
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What is a defense to economic damages?
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Failure to mitigate damages on the part of the plaintiff.
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What are the two types of Non-economic damages?
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1. Pain and suffering
2. Emotional distress |
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What is a per diam arguement?
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Where the attorney breaks down damages on a per day basis.
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In california there is joint and severable liability. If a defendant is found 50% responsible what amount of damages must they pay for:
1. Economic damages award of $ 10,000? 2.Non-economic damages award of 10,000? |
1. $10,000
2. $5,000 |
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If a defendant destroys a plaintiff's property what amount are they liable for?
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The Full market value of the property.
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If a defendant damages a plaintiff's property what amount are they liable for?
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either:
1. the amount of value that has been diminished or 2. repair cost |
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If a defendant deprives a plaintiff of the use of their property what amount are they liable for?
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Liable for amount due to loss of use
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