Chapter 17: Torts

Tort

Occurs when someone causes harm or injury to another person, property, or reputation.

Torts Establish ____

Standard of care

Behavior vs. Costs

What you did regulates how much you pay in the lawsuit.

Torts deal with ___

Wrongs against an individual

Crime deals with ___

A wrong against society

What is a decision in civil court called?

A judgment

Remedy

Compensation for an injury, enforces some right.

Liable

A person who is legally responsible for harm caused by any human activities.

Liability

The legal responsibility for harm, the obligation to do or not to do something.

Settlement

A mutual agreement between two sides in a civil lawsuit, made before a case goes to trial.

What percent of tort cases are settled?

90%

How far back do torts go?

Fifteenth century England (1400s)

Common Law

A system in which court decisions establish legal principles and rules of law.

What are common laws based on?

Based on Tort law, written down and used for future cases, and made by judges through appellate court decisions.

Statutes

A law enacted by legislature

What are the three types of torts?

Intentional wrong, negligence, and strict liability

Intentional Wrong

A person who acts with the intent of injuring another person, property, or both

Negligence

An unintentional tort, someone who failed to use reasonable care. Most common tort.

Strict Liability

When a defendant is engaged in activity so dangerous, there is serious risk of harm.

What are the three groups who fall under strict liability?

Owners of dangerous animals, people who engage in highly dangerous activities, manufacturers and sellers of defective consumer products.

What percent of evidence is needed for the plaintiff to win?

51%

Deep Pockets

People who have all the money, companies or owners

Immune

Exempt from penalties, payments, or legal requirements, free from prosecution

Who is immune?

The president, federal judges, government, members of Congress, and state government.

Waive

Give up some right, privilege, or benefit voluntarily

Class Action Lawsuit

A lawsuit brought by one or more persons on behalf of a larger group

Contingency Fee

A lawyer receives a percentage of the money, only if the plaintiff wins

Liability Insurance

A type of coverage that pays for injuries to other people by the insured. The contract or agreement. Bought by professionals, manufacturers, homeowners, individuals.

Contract

A legally enforceable agreement between two or more people.

Premimum

Payments that are made to insurance companies for coverage. Broken down into small payments.

Malpractice Lawsuit

Lawsuits that are brought by patients, claiming a professional person who provided negligent services. 

Workers Compensation

Automatically pays employees who are injured on the job

Exclusive Remedy

The only solution or compensation available to the plaintiff in particular situation

Medical Coverage

Pays for you and any passengers medical expenses resulting from accidents

Collision Coverage

Pays for damage to you, even if it is your fault.

Deductible

Amount one agrees to pay towards repairs before insurance pays. Works with collision coverage.

Comprehensive Coverage

Protects against damage or loss to your car other than collision.

Uninsured Motorist Coverage

Protects you from other drivers that do not have insurance

No Fault Insurance

Your insurance will pay for injuries no matter who is at fault, only found in some states.