Elements of a Tort
A private or civil wrong
What is a tort?
The duty to act with care and good judgment
What is reasonable person standard?
A court order for a person to do or not to do a particular act
What is injunction?
A tort in which property is entered without the owner's consent
What is trespass to land?
What is verdict?
A legal obligation to do or not to do something
What is a duty?
The type of negligence where the plaintiff partially caused the injury
What is contributory?
A monetary award given to the injured party to compensate for a loss
What is damages?
A tort that involves harmful or offensive touching of another person
What is battery?
Someone who has personal knowledge of the facts of a case
What is witness?
This kind of tort is based on carelessness
What is negligence?
What is assumption of risk?
The award of money to place the injured party in the same financial position as if the injury had not occurred.
What is actual or compensatory damages?
A tort where a threat to harm or offend is made
What is assault?
Any object a judge allows to be presented to the jury that helps prove or disprove a case
What is evidence?
The kind of liability that occurs when one person is liable for the torts of another
What is vicarious?
Makes the defendant liable if he or she is engaged in a particular activity that resulted in injury
What is strict liability?
The award of money that punishes the defendant
What is punitive damages?
The intentional confinement of a person against his or her will
What is false imprisonment?
A command for a witness to appear in court
Name the elements of a tort
What is duty, violation of duty, injury, and causation?
Applied when a plaintiff in a negligence action is partially at fault. The plaintiff is still awarded damages, but they are reduced in proportion to the plaintiff's negligence.
What is comparative negligence?
In deciding the amount of compensatory or actual damages to pay a plaintiff, the jury decides on a figure that would equal lost wages and medical bills plus a more arbitrary amount for the plaintiff's __
What is pain and suffering?
A false statement that injures a person's reputation or good name; name the two types of statements and define each
What is defamation; slander- spoken, libel - written
The final result of a trial
What is judgement?