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23 Cards in this Set
- Front
- Back
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Definition: Corrective Justice
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Once liability is triggered, then D will have to pay and the amount is depended on the Ps conduct
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Definition: Strict Liability
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Because his conduct caused the harm, therefore he is liable. For certain facts, you are liable no matter what. (Having a tiger running around, handling explosives)
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How do you determine compensation?
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Take P back to where P would have been in, but for, the conduct of the defendant
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What are some types of compensation? (What can you recover?) (6)
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Lost wages, Building damage, business, Medical bills, Pain and suffering, Disability
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Can P recover attorney fees in the U.S?
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No
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Components that make up FAULT (Liability)
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fault = intent + (Either/OR?) negligence
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Who has the burden of proving damages?
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The injured person (P)
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What's the exception U.S. gov't gets when being litigated against?
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They are not going to be tried under jury. And all these are going to be found by State Court. (This started after the U.S. gave up its sovereign immunity)
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After receiving a motion to dismiss, until when does P have the right to re-write their C?
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P can re-write, all the way before the appeals court.
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Causes of action under tort (3)
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1. Intent
2. Negligence 3. Strict liability |
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Definition: Reciprocity of Risk
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Exchanging of things for mutual benefit - We don’t impose strict liability for automobile accidents because of reciprocity of risk. Similar with why there is no strict liability for children or dogs. It’s just part of risk of society.
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What's the opposite of Reciprocity of risk? (What's non-reciprocity of risk?)
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Strict liability is non-reciprocity of risk on people
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What's the scope of the owner/guardian liability?
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They are liable only if you know of some condition and there is a way to control it.
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Elements of Battery
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1. Intent AND 2 (Subjective, according to D)
a.Contact that is Harmful OR Offensive 2.Result (Objective, according to reasonable) a. Contact that is Harmful OR Offensive |
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What is the Restatement of Torts?
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Trying to figure out tort law for all 52 states.
Are in black letter law: Best approximation of what the law is. Restating many jurisdictions view to the majority, better, emerging view. |
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Does it matter if D doesn't think the contact is offensive?
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No, if the reasonable minds said it's offensive, then it is.
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Does it matter if D thinks the intent is offensive/harmful?
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Yes, because intent is subjective. Intent is only whether D thinks, NOT reasonable person.
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Is imminent apprehension part of offensive/harmful contact?
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Yes
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Liable or not?: If an act is done w/ intention of affecting a third person, but cases harm to another.
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Liable, there's intent and negligence
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Why is it easier to show the liability in civil than criminal? (Especially in an insanity plead?)
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Bc Purpose of criminal law is to PUNISH but to punish, you have to punish for their reasoning and that they understood what they did. (for the insane plead) But for civil case, it’s COMPENSATION.
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Elements of Intent
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Purpose/desire OR certainty/Knowledge
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What must D intend?
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Actual contact OR apprehension
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Character of D’s conduct in most definite to possible sliding scale
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1. Desire or intent (No if, ands, or buts)==>intent
2. Strong possibility (60mile on 25mile) ==> Reckless 3. Possibility (40miles on 25mile) ==> Negligence |
