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8 Cards in this Set

  • Front
  • Back
What is a Tort?
Torts are wrongs recognized by law as grounds for a lawsuit. Torts involve conduct that falls below a legal standard, either because the deft. intends harm or because he takes unreasonable risks of harm.
What is the aim of Torts and Criminal law?
Criminal aims at vindicating public interest while tort law aims at vindicating individual rights and redressing private harms.
What are the three questions of Tort law?
1) what conduct counts as tortious or wrongful? 2) Did the conduct cause the kind of harm the law will recognize? 3) What defenses can be raised against liability?
What are the aims and approaches to tort law?
The first bases tort law on moral responsibility or corrective justice while the second bases tort law on social policy or a "good-for-all-of-us" view.
What reasoning would justify filing a motion to dismiss?
Take all the facts in the complaint as if they were proved; even so, they do not show a valid legal claim. No factual dispute (jury's duty); just a matter of law which judge can decide alone.
What reasoning would justify filing a motion for summary judgment?
Asserting that given undisputed facts the legal rules do not permit one party to win. Based upon a showing 1) of new facts in addition to those stated and perhaps in contradiction to them, 2) showing that there is not real dispute in the new facts, 3) that law compels judgment for the moving party based on the new facts.
What reasoning would justify filing a motion for directed verdict?
Such motions assert that the proof offered by the Pltff. is legally insufficient to warrant a jury's verdict for the pltff. Should be denied if there is room for reasonable jurors to disagree.
When should a motion for a new trial be filed?
1)error committed in the trial, 2) verdict is against the weight of the evidence, 3) or because the damages award was unconsciously high.