Civil Law Unit 1

Intentional Wrong (Tort)

Person acts with intent to injure / harm a person

Ex) Consumer scams, discrimination, wrongful termination

Negligence

Doing something by accident, the defendant owed a duty of care to the plaintiff and there was a breach of that duty.

Strict Liability

The nature of the activity is so dangerous that there is a serious risk even if person acts with care,

Ex) owner of dangerous animals, people who engage in highly dangerous activities

Tort

When a person commits a wrong in civil law

Plaintiff

Injured party (the suer)

Defendant

The individual who allegedly did something wrong (the suee)

Remedy

To make up for the damage that occurred (usually in money)

Settlement

When both parties reach an agreement to settle the case without going to trial

Consumer Law

Covers all kinds of good & services, applies to anyone who has ever bought anything or signed up for a service is a consumer.

Class Action

A group of people collectively suing

Comparative Negligence

partial legal defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim, based upon the degree to which the plaintiff's own negligence contributed to cause the injury.

Compensatory Damages

damages assessed in order to punish the defendant for outrageous conduct and/or to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit.

Contingency Fee

The fee you pay your lawyer depends on how much you win in a civil case

Counterclaim

In a court of law, a party's claim is a counterclaim if one party asserts claims in response to the claims of another. In other words, if a plaintiff initiates a lawsuit and a defendant responds to the lawsuit with claims of their own against the plaintiff, the defendant's claims are "counterclaims."

Deposition

key part of the discovery process in civil and criminal cases. Depositions are used to gather information and prepare for tria

Litigation

the process of resolving rights-based disputes through the court system, from filing a law suit through arguments on legal motions, a discovery phase involving formal exchange of information, courtroom trial and appeal.

Nominal Damages

small amount of money awarded to a plaintiff in a lawsuit to show he/she was right but suffered no substantial harm.

Punitive Damages

awarded in addition to actual damages in certain circumstances. They are considered punishment and are typically awarded at the court's discretion when the defendant's behavior is found to be especially harmful.