Elements
I am the element of a civil act that must be proven first before the lawsuit even moves forward
injury
If someone files a lawsuit against a party and cannot prove that they are part of the case, this takes place?
Dismissed
Caden throws a snowball into Cold Joes face and he is hurt. Can this act be considered both criminal and civil? And, will this be handled in one court case?
Yes, it can be both, but trials will be separate, as the burden of proof in each is very different.
Alexis owns and operates a German Clothing store. Recently, an employee of hers named David got into an argument with a customer over International soccer. David shoved the customer, injuring them. What would Alexis be sued based on?
Vicarious Liability
This is the name given to the party who is suing someone because they hurt them?
Plaintiff
Once it can be established a victim was injured, what NEXT must be established to show the plaintiff has a right to sue the defendant?
Duty of Care
Number of jurors on a civil jury
6
Drew works for Das David at his German manufacturing company. Drew gets mad at a customer named Moody, after Moody calls Drew a "Crook" for the prices he is charging for German Auto parts. Drew calls Moody a "Dolphins fan" which Moody takes very seriously, as his family are 3rd generation Bills season ticket holders. Moody files a complaint against Drew and decides to sue Das David over Drews insult, harming his families reputation. What would David be sued based on?
Vicarious Liability
Mari, a teacher at Frontier, was putting grades into her computer one day when a student named Sophia walked behind her and saw a friends grade on a test. Sophia was at her friend Rose's house the same day after school and she said "I can't believe you got a 30 on that test. Your mom is going to kill you!" not knowing Rose's mother was behind her. If Rose's mother sues Mari for sharing the grade, what 4 elements must she prove in court?
Duty, Breach, injury and Causation
This is the type of damages always asked for in a lawsuit
Compenatory
This means the breach of duty caused the injured to the victim
Causation
This is the type of damages always asked for in a lawsuit
Compensatory
All civil acts are against this?
A person
Thomas is in court because his neighbor Jackson is suing him over a pool that leaked and caused flooding in his home. During the trial, it is shown that Jackson's pool did flood, but Thomas closed a drain that is usually open for rain water. The judge said the damage amount of $10,000 was correct but Thomas was 50% responsible for the damages to his home. What type of damage allows this to happen?
Comparative Negligence
If the court finds that the defendant cannot be found liable or did not commit the civil act the lawsuit is based on, they do this to the lawsuit
Dismiss
These are the 4 elements needed to prove to win a lawsuit for most civil cases
Duty, breach, Injury and Causation
This is based on both the plaintiff and defendant being partially responsible for the victims injuries and it splits the damages into percentage of fault
Comparative Negligence
Jackson is boogying down at the local disco when he trips and falls. Jackson believes he is tripped by Aiden, someone he recognizes from Frontier High School. At trial its shown Aiden could not be shown to be the person who hurt Jackson. What 2 elements of a civil act would allow Aiden to win his argument?
Causation and Breach
Zoey is sued by her neighbor Trev, as Zoey likes to blast her music late at night. Recently, Trev's child claimed to have been up all night, because of the loud music, and they failed an important AP Stats exam that could have gotten them acceptance to Harvard. Trev's child was shown to have lost out on likely $4-5 million in future earnings because of losing this acceptance. What type of damages will Trev ask for in court?
Compensatory (Actual) damages
This element of a civil act cannot be proven if it can be shown the injury was caused by the defendant. In other words, the person injured sustained the injury somewhere else.
Causation
If an act is intentional, what Elements must be proven to win the lawsuit?
Duty, breach, injury, causation AND Intent
Zoey is playing ping pong against Spider Boy and she hits the ball hard, off Spider Boy's face, knocking him down and causing injuries. SpiderBoy sues Zoey to get his medical bills paid for. In order for Zoey to win her case, what is the standard of proof she must meet to win her case?
Based on a Preponderance of Evidence
Cameron recently sued his employer for working in an unsafe workplace successfully. What is the outcome of the case called and what type of damages would Cameron ask for?
Judgement and Compensatory (Actual) damages
Elizabeth loses her job after a co-worker named Joey, spreads false rumors about her selling company secrets to a company called Kazi industries. Elizabeth learns the co worker was named Matt and Matt was up for a promotion Elizabeth was going to get. Elizabeth decides that Matt does not have the money to pay the damages award so she sues her former employer who does have the money. What does it mean to sue the party with the money to pay?
Deep Pockets
Aurora is playing street hockey with her friends and after shooting the puck, it misses the net and goes into a neighbor named Camari's bushes. Aurora see's the puck went deep into the bushes and runs to the spot to reach in and get it out, without asking permission from Camari to do this. Aurora gets cut and has an allergic reaction to the bush and her parents sue Camari. What element of a civil act will not be able to be shown allowing the case to be dismissed?
Duty of Care