Torts and Law: Class 1 Lecture Notes

These flashcards cover key concepts from the lecture on torts and law, focusing on definitions and distinctions between tort law and other legal frameworks.

Tort

A wrongful act other than a breach of contract that results in injury to another party's person, property, dignity, or reputation.

The body of law that concerns disturbances of peace or offenses against the state, punishing those who disrupt societal order.

Criminal Law

The branch of law dealing with disputes between individuals, typically involving compensation for harm or damage.

Civil Law

Plaintiff

The party who brings a lawsuit against another party in a civil case.

Defendant

The party being accused or sued in a court of law.

Liability

Legal responsibility for one's actions or omissions that cause harm to another party.

Standard of Proof

The level of certainty required by a party to prove its case; in civil cases, it is typically 'preponderance of the evidence'.

Preponderance of Evidence

The standard of proof in civil cases, meaning the evidence shows that something is more likely true than not.

Beyond a Reasonable Doubt

The standard of proof in criminal cases, requiring a high degree of certainty to convict a defendant.

Common Law

Law developed by judges through court decisions and precedents rather than through legislative statutes.

Statutory Law

Laws enacted by a legislative body, such as Congress or state legislatures.

Negligence

Failure to act with the level of care that a reasonable person would have exercised under similar circumstances.

Damages

Monetary compensation awarded to a plaintiff for losses due to a tortious act.

Injunction

A court order requiring a party to do or refrain from doing specific acts.

Breach of Duty

Failure to meet the standard of care owed to another person, constituting a critical element in tort law.

Causation

The link between the defendant's breach of duty and the harm suffered by the plaintiff, necessary to establish liability.

Prima Facie Case

The establishment of a legally required rebuttable presumption, where enough evidence is provided to support a case unless contradicted.

Equitable Relief

Court-ordered action that requires a party to act or refrain from acting in a certain way, different from monetary damages.

Wrongful Death

A legal term indicating a civil action against a person or entity whose negligence or wrongful act directly caused a death.

Civil Procedure

The body of law governing the methods and practices employed in civil litigation.

Criminal Procedure

The process by which criminal laws are enforced, including the investigation, charging, trial, and appeal process.