Civil Law Basics
Civil law is sometimes known as this
What is tort law?
The defendant acts under the belief that his or her actions are justified
What is mistake?
She was the plaintiff in the McDonald's hot coffee case
Who is Stella Liebeck?
Intentionally and voluntarily causing reasonable apprehension of an immediate harmful ro offensive contact
What is assault?
Helen Palsgraf had several choices but this is who she sued
What is the Long Island RR?
In civil law cases this person plays a similar role as the prosecutor in a criminal case
Who is the plaintiff?
Action was taken with permission of the plaintiff
What is consent?
When a group of people bring a lawsuit together against a person or a company it is called this
What is a class action suit?
A deception made for personal gain
What is fraud?
A legal construct, this is a superior person who acts the way everyone should act all the time
What is the reasonable person?
You are found this in a civil case as opposed to guilty/not guilty in a criminal case
What is liable?
Legal authority given to certain institutional individuals that justifies actions otherwise viewed as torts
What is privilege?
Written defamation
What is liable?
A offense in which the injury is suffered by the local community as a whole rather than an individual victim
What is public nuisance?
But for the explosion in the railway station, Helen Palsgraf would not have been harmed
What is causation in fact?
What are punitive damages?
A defendant cannot be responsible for events outside of human control
What is Act of God?
Most states allow this defense in civil cases which divides the loss caused by the defendant according to the degree to which each party is at fault
What is comparative negligence?
When a person claims a greater right to the immediate possession of a good than the current possessor
What is detinue?
The majority opinion in this case established limits on the liability of the consequences of an act based on this legal concept
What is foreseeability?
Doctors practice this to avoid malpractice suits
What is defensive medicine?
Granting the state or an individual the privilege to take or use the property of another
What is necessity?
The basic idea behind this is there must be a close connection between the wrongful act and the harm
What is proximate cause?
Manufacturers are legally liable for the defects in what they manufacture
What is product liability?
A requirement that a person act toward others and the public with watchfulness, attention, prudence, and caution
What is duty of care?