Vocab
Define the tort of negligence
acting careless, which leads to injury
Define false imprisonment
holding an individual against their will for an excessive period of time when they did not do anything wrong
4 elements to a tort
duty
breach
injury
causation
Once a complaint is served, the defendant must respond. The response is called:
what is an answer
What is the goal of a civil trial?
Provide remedy in the form of monetary ($) compensation
Another term for the violation of a duty is called:
What is breach of duty
ruining ones reputation by stating false facts verbally
what is slander?
trespassing is the only tort in which you do not have to prove which element of a tort?
injury
the first step to initiate a lawsuit
file a complaint
Award granted by the court, placing plaintiff in same financial position they were in, prior to the tort
Compensatory damages
what is a nuisance?
the interference with the quiet enjoyment of life or property
Define fraudulent misrepresentation
Type of negligence defense in which the plaintiff knew of the dangers involved, thus should not be awarded any damages
What is an assumption of risk
The judges decision in a case is known as a:
What is a judgment
What are punitive damages?
Purpose: to punish the wrongdoer
What is strict liability?
being held responsible no matter if the tort was intentional or negligent
ex. dangerous weapons, animals, jobs
Name 5 intentional torts
Assault, Battery, False Imprisonment
Conversion, Invasion of Privacy, Fraud, Trespass
the plaintiff partially caused the injury and will receive damages proportionately to how much the plaintiff is responsible
what is comparative negligence
Name 2 differences between a criminal and civil trial
Punishment v remedy
guilty v responsible
an act against society v act against an individual
When the judge reduces the award based on the % of fault of the plaintiff
Comparative damages
What is Proximate cause?
if/was the tort forseeable
could the outcome be predicted
the unlawful taking of one's property or using it in a way that wasn't intended (invasion of privacy)
what is conversion?
A defense in common law, where the plaintiff's actions partially caused the injury, thus negating any suit/damage
what is Contributory negligence
The complaint and formal answer happen during this phase of a civil trial:
What are pleadings
What is an injunction?
Court order requiring one to do or not to do something