Current American Tort Law

A collection of flashcards covering key vocabulary and concepts related to current American tort law.

Tort Law

A body of law that governs civil wrongs and damages, typically involving a plaintiff who has suffered harm and a defendant who may be held liable.

Plaintiff

The party who brings a lawsuit in a tort law case, claiming to have suffered damage.

Defendant

The party accused of causing harm or damage in a tort law case.

Liability

The legal obligation of a defendant to compensate the plaintiff for damage caused.

Damages

Monetary compensation awarded to a plaintiff for losses suffered due to a defendant's actions, which can include physical injury and potentially emotional distress.

Emotional Distress

A type of damage that refers to mental suffering, which can be more controversial in tort law cases compared to physical injury.

Lockean Compensation

A principle in tort law that suggests only certain types of harms, typically significant or severe, are compensable.

Defenses in Tort Law

Arguments presented by the defendant to negate liability, such as claiming that they did not cause the harm or that the harm is not compensable.

Key Features of Tort Law

The characteristics that define tort law, including liability, types of damages, and the relationship between the defendant’s behavior and the plaintiff’s injury.

Liability Conditions

The criteria under which a defendant can be held liable for damages in a tort case.