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70 Cards in this Set
- Front
- Back
Causing harm or injury to someone or damage to another's property; a civil wrong such as negligence or libel
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Tort
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In a civil case, the injured party who brings legal action against the alleged wrongdoer
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Plaintiff
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The court's decision in a civil case
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Judgment
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The person against who a claim is made. In a civil case it's the person being sued.
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Defendant
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Money asked for or paid by court order to a plaintiff for injuries or losses suffered.
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Damages
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Legally responsible
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Liable or Liability
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What is done to compensate for an injury or to enforce some right
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Remedy
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A mutual agreement between two sides in a civil lawsuit, made either before the case goes to trial or before a final judgment is entered, that settles or ends the dispute
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Settlement
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Law made by judges through court decisions, generally in state appellate courts.
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Common Law
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An action taken deliberately to harm another person and/or his or her property
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Intentional wrong or intentional tort
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The failure to exercise a reasonable amount of care in either doing or not doing something, resulting in harm or injury to another person
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Negligence
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The legal responsibility for damage or injury even if you are not negligent
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Strict Liability
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All law that does not involve criminal matters, such as tort and contract law.
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Civil law
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The level of certainty and the degree of evidence necessary to establish proof in a criminal or civil proceeding
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Standard of Proof
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The standard of proof used in a civil suit; the burden of proof that a party must meet in order to win a lawsuit.
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Preponderance of evidence
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Exempt from penalties, payments, or legal requirements; free from prosecution
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Immune
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A lawsuit brought by one or more persons on behalf of a larger group.
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Class Action
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The fee paid to an attorney based on a percentage of the sum the client is awarded or settles for in a lawsuit.
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Contingency fee
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A description of the person or organization, among many possible defendants, best able to pay damages and therefore most likely to be sued in a tort case
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Deep pockets
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The type of coverage or insurance that pays for injuries to other people or damage to property in the individual insured is responsible for an accident during the term of the contract
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Liability insurance
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Payments made for insurance coverage
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Premium
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Lawsuits brought by clients or patients who claim that a professional person such as a doctor or lawyer provided services in a negligent manner.
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Malpractice suits
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Insurance which covers an individuals's own medical expenses resulting from accidents.
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Medical coverage
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Insurance that pays for damage to the insured's own car caused by an automoble collision.
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Collision coverage
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The amount an insured person agrees to pay toward repairs before the insurance company pays anything.
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Deductible
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A type of auto insurance that that protects an individual against automobile damages or losses other than collisions. It includes damages and losses due to fire, vandalism, or theft
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Comprehensive coverage
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Insurance that protects drivers from those with no insurance or inadequate insurance.
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Uninsured motorist coverage
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A form of automobile or accident insurance (available in only a few states) in which each person's insurance company pays up to a certain share of damages, regardless of fault.
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No-fault insurance
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The only solution, or compensation, available to a plaintiff in a particular legal situation.
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Exclusive remedy
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What are the 3 types of Compensation or Compensatory Damages?
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1. Medical and Relatated Expenses
2. Lost Earnings and Earning Capacity 3.Pain and Suffering |
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The rule which says that a plaintiff must seek compensation for all of his losses from the tort in a single trial.
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Single Recovery Rule
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Generally speaking, how much of your normal paycheck will you receive while collecting workman's compensation.
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Approx. 2/3 of your normal pay.
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A state run system that pays or compensates workers who are injured on the job.
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Workman's Compensation
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Can a worker still collect unemployment compensation even if the injury was caused by their own negligence.
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Yes
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Will collision coverge cover you for expenses on your car even if you were at fault.
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Yes
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What 2 types of auto insurance is required here in Illinois?
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1. Liability Insurance
2. Uninsured Motorist Insurance |
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What are the minimum liability auto insurance requirements in Illinois?
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20/40/15
$20,000 bodily insurance for 1 person $40,000 bodily insurance for more than 1 person $15,000 per accident for property damage |
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What are the minimum requirements for uninsured auto insurance in Illinois?
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$20,000 for bodily injury for 1 person
$40,000 for bodily injury for more than 1 person |
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What types of situations are considered "Acts of God' for insurance purposes?
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Tornadoes, Hurricanes, Floods, wind damage, hail, etc.
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What are some types of items that homeowners insurance covers for the owner of a home?
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Acts of God
Fire Flooding caused by broken pipes Guests injured while visiting Loss due to burgalry |
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What type of auto insurance may include items such as a rental car, towing and road service, vandalism, theft of your car?
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Comprehensive Insurance
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What type of insurance is required of professionals such as doctors, dentists, lawyers, and accountants?
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Malpractice insurance
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Do insurance companies usually set a maximum on the amount that they will pay out for a claim?
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Yes
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What do you call a fee paid to a lawyer to have their services on a continuing basis or when necessary?
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Retainer
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What are the 3 ways that lawyers normally charge for their services?
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1. Hourly fee
2. Fixed rate (one fee stated in advance to handle the case) 3. Contingency fee - the lawyer takes a percentage of whatever the plaintiff is awarded in a civil suit. (ofter as high as 30% -50%. |
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What fee method do lawyers usually use when handling a class action suit?
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Contingency fee
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When the lawyer is charging the plaintiff a contingency fee to handle a case, does the plaintiff have to pay anything if they lose?
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Only court costs and other clerical costs
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Can the President, federal judges, and members of congress be sued for tort crimes for acts carried out within the scope of their duties?
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No
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Can minors be sued for tort damages?
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Yes, but the plaintiff has to prove that the child acted unreasonably for a person of that age and experience
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Can a plaintiff sue the parents of a minor?
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Yes if they can prove that the minor was guilty and does not have the ability to pay.
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What do you call the doctrine that says that people can sue employers for the acitons committed by their employees?
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Doctrine of Respondeat Superior
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Can you sue more than one defendant at a time for a single tort wrong?
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Yes, a chain reaction accident is an example
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What is the "standard of proof" in a criminal case?
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Beyond a reasonble doubt
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What is the "standard of proof' in a civil case?
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Preponderance of evidence
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What are the 3 categories of torts?
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1. Intentional Torts
2. Negligence 3. Strict Liability |
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What is the most common type or tort wrong?
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Negligence
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What are the 3 groups of people who face "Strict Liability?"
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1. Owners of dangerous animals
2. People who engage in highly dangerous work (demolition, fireworks, etc.) 3. Manufacturers and sellers of defective consumer products. |
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What is th main purpose of tort law?
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To promote responsible behavior
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Tort law emphasizes _______________.
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Responsibility
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What does "Caveat Emptor" mean?
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Let the buyer beware
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What does "Caveat Venditor" mean?
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Let the seller beware
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(True/False) Tort law makes people behave a certain way and deny them free choice.
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False - tort law attempts to be practical while at the same time protecting the rights of individuals including their right to free choice.
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Which is more common, "settling a case before it goes to court" or "filing a law suit and going to court to settle the matter"
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Settling a case before it goes to court.
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What percentage of court cases are settled without a trial?
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90% of tort cases are settled without a court trial.
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What are the 2 purposes of tort law?
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1. Responsibility - determine who is responsible or liable for a wrong committed against another
2. Compensation - how much should the responsible person have to pay |
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Can an activity be both a tort and a crime?
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Yes - ex. burglary
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What are the possible punishments in a criminal case ( there are 6)
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1. Prison or the death penalty
2. Probation 3. Fines 4. Compensation for damages 5. Community Service 6. Any combination of the above |
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What are the usual punishments in a civil case?
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Defendant is ordered to
1. Repair/Replace the damaged item 2. Pay money to compensate the victim for medical expenses, lost wages, or emotional distress |
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Crimes are wrongs against whom?
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All of society (even though it may only have 1 victim
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Torts are wrongs against whom?
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Individuals
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