Torts

Front 1

What are the three fountains of a Tort?

Back 1

Bases of liability
Proximate cause and damages
Affirmative defenses

Front 2

What are the three types of fault?

Back 2

Intent
Negligence
Aggravated negligence (recklessness)

Front 3

Bases of liability

Back 3

Someone has to have done something for which the law holds that person liable

Front 4

Sometimes the law imposes liability

Back 4

Without fault, regardless if the defendant acted without; intent, negligence or aggravated negligence very special situations (strict Liability

Front 5

What is Proximate cause and damages?

Back 5

Tort liability is not imposed unless the plaintiff sustained some type of injury (actual damage)

Front 6

Example no proximate cause and damages

Back 6

If a person falls on my sidewalk but does not sustain some type of in jury no matter if you were negligent, you are not liable.

Front 7

What is the responsibility of the plaintiff if he is injured?

Back 7

Even if an injury is sustained the plaintiff must show the defendant's actions caused the injury

Front 8

Affirmative defenses

Back 8

a legal argument that says even though I might have done what I am acused of, a special circumstance allowed me to do the act. Ex. self defense is a reasonable defense for committing a Tort

Front 9

What are the two types of law?

Back 9

Substantive law - determines what a persons duties and rights are (Torts)
Procedural law - How those duties and rights are enforced

Front 10

Definition of Torts (incomplete)

Back 10

Torts - A violation of an obligation that one person owes another witout regard to promises; a study of duties and rights

Front 11

What is Stare Decises?

Back 11

The decision stands, Once a court makes a decision it becomes law (about the law or what the law means) not forever another judge or court can overturn the previous decision

Front 12

The interpretation of common law differs from state to state

Back 12

Every state has a seperate jurisdiction, one state court may rule diferently on a case

Front 13

What are re-statements?

Back 13

Re-statements are opinions of scholars of law re-statements are not binding or are law however, courts pay attention to to these scholars

Front 15

Are all Torts the same?

Back 15

No, each tort is seperately named and defined, each tort action has its own rules of liability, defenses, and damages.

Front 16

Is there a general principle of tort liability?

Back 16

No, the law remains as it developed through case-by-case evolution, a system of more or less independent named torts, each with its own rules.

Front 17

Does someone have to be at fault to committ a tort?

Back 17

No, fault is not a universal principle of liability

Front 18

Where does tort law come from?

Back 18

From case law or "common law" and legislation

Front 19

What are the four ways tort law rules can be derived?

Back 19

1. Morality or corrective justice; to hold defendants liable and to compensate plaintiffs

2. Social utility or policy; impose liability for conduct we wish to discourage

3.Process or procedural considerations; creates rules that can be fairly efficiently, effectively administered

4. Formal reasoning; The application of preexisting rules of law, interpret previous case law

Front 20

What are the three main purposes of tort law?

Back 20

1. Compensation; restore plaintiff to his status prior to the injury caused by the defendant

2. Justice and promotion of desired policies; place financial responsibility on the accused

3. Deterance; the threat of liability is intended to regulate human behavior by dtering unwanted behavior

Front 21

What is injury?

Back 21

An "injury" means the invasion of an interest which is protected by tort law. Is not limited to physical harm or harm that is directly measurable in monetary terms.

Front 22

What is harm?

Back 22

Refers to an injury to a person or property which is measurablly detrimental

Front 23

What is physical harm?

Back 23

Refers to an injury that physically impairs in any way the human body, or physically impairs the condition of land or chattel.

Front 24

What is conduct?

Back 24

"Conduct" includes both acts and omissions to act

Front 25

Effect of establishing Res Ipsa Loquitur

Back 25

No directed verdict for D; but plaintiff may still lose if inference of negligence is rejected

Front 26

Foreseeable results caused by unforseeable intervening forces

Back 26

D usually liable

Front 27

In discussing Breach include

Back 27

The facts and the argument - link the action; more specific the duty the less you need to discuss the breach

Front 28

Joint Cause approach

Back 28

Both parties caused the harm; D's conduct is the cause in fact it it was a substantial factor

Front 29

Negligence

Back 29

Behavior that imposes a risk of harm

Front 30

Proximate Cause

Back 30

with out event, cause would not have occured

Front 31

Proximate Cause (legal causation)

Back 31

Liabile for all harmful results that foreseeable ("plaintiff will prevail IF it was reasonably foreseeable that...")

Front 32

Res Ipsa Loquitur - Plaintiff to show (2)

Back 32

1. Accident of type not normally to occur unless someone was negligent
2. The negligence is attributable to the D

Front 33

To show negligence attributable to the D in a Res Ipsa claim

Back 33

Establish the instrumentality was in D's exclusive control

Front 34

Unforeseeable results caused by forseeable intervening forces

Back 34

D not liable

Front 35

Unforeseeable results caused by unforseeable intervening forces

Back 35

D not liable