6Understanding Torts and Civil Procedure

What is the usual remedy for a tort?

Damages, which are a monetary award to the injured party to compensate for loss.

What are compensatory damages?

Damages intended to place the injured party in the same financial position as if the tort had not occurred.

What must a jury consider when deciding compensatory damages?

Reimbursing the plaintiff for lost wages, medical bills, and pain and suffering.

What is an injunction in the context of tort law?

A court order for a person to do or not do a particular act to prevent a tort.

What are punitive damages?

Damages awarded as punishment for malicious actions and to deter others from similar conduct.

Under what circumstances are punitive damages available?

When an intentional tort has been committed.

What is the role of judges in civil trials?

Judges decide issues of law.

What is the role of juries in civil trials?

Juries decide issues of fact.

What happens if the parties agree to waive a jury trial?

The judge decides both the issues of law and fact.

What is strict liability in tort law?

A legal doctrine holding manufacturers and sellers liable for defective products that cause injury.

What must be proven for a plaintiff to collect under strict liability?

That the product was defective and made unreasonably dangerous.

How does strict liability affect the pricing of products?

It increases the price to spread the cost of liability to all consumers.

What is the significance of the case involving Horsley and Early?

Horsley could collect damages for defamation if she proves it injured her business.

What is a contingency fee basis in legal cases?

A payment arrangement where lawyers receive a percentage of the recovery if the case is won.

What percentage do lawyers typically charge if a case is settled before trial?

25 percent.

What percentage do lawyers typically charge if a case is won at trial?

33 percent.

What percentage do lawyers typically charge if a case is won on appeal?

40 percent or more.

What is the purpose of compensatory damages?

To compensate the injured party for their loss.

What is the burden of proof in tort cases regarding negligence?

The plaintiff must establish a dollar value for the injury or loss.

What happens if negligence causes ongoing pain and suffering?

A dollar value must still be assigned to the injury or loss.

What is the standard of proof required in civil cases?

Preponderance of the evidence.

What can a plaintiff collect if they prove malice in a defamation case?

Punitive damages in addition to compensatory damages.

What is the typical composition of a civil jury?

6 to 12 citizens.

What is the significance of witness testimony in civil trials?

Witnesses provide evidence that can influence the jury's decision.