Civil Law Unit One

Tort

A civil wrong that causes harm to someone else.

Tortfeasor

The person who commits a tort

Types of Damage

-Compensatory: Covers actual losses (medical bills, lost pay)

--Punitive: Extra money meant to punish bad behavior

Civil Law Goal

Expects people to act reasonably to avoid harming others.

Civil Law Balance

Balances protecting the plaintiff with avoiding unfair limits on the defendant.

Precedent / Stare Decisis

Following past court rulings for similar new cases

Morals in Tort Law

Helps define what society considers "wrong" or "unfair"

Strict Liability

Legal responsibility even if you didn't mean to do harm or act carelessly

Intentional Torts

Actions done on purpose to cause harm (e.g., assault, trespassing)

Negligence

Carelessness that accidentally harms someone

Slippery Slope

Looking out for bad future consequences if a new rule is set.

Common Law

Law built over time by judge decisions rather than written statutes

Case Law Location

Stored in court decision databases and official legal books

Civil Burden of Proof

"Preponderance of evidence" (proving something is more than 50% likely true)

Nolo Contendere

A "no contest" criminal plea that can't be used as an admission of guilt in civil court

Transferred Intent

Meaning to hit Person A, but accidentally hitting Person B instead

Moots over Blood Feuds

Using peaceful court assemblies instead of violent revenge

Most Common Tort

Negligence (especially car accidents)

IRAC Structure

Standard legal writing format: Issue, Rule, Application, Conclusion

"Here… Therefore"

Used in the Application step to connect facts to legal outcomes

First Step in Civil Case

Filing a Complaint with the court

Civil Complaint Contents

Court power, key facts of what happened, and what remedy/money is wanted

Default Judgment

An automatic win for the plaintiff when the defendant fails to answer the suit

Key Pre-Trial Motion

-Demurrer: "This case has no legal ground."

-Compel: "Force them to share evidence."

-Protective: "Keep this info private."

-Summary Judgment: "Decide now, facts are undisputed."

--In Limine: "Keep this bad evidence out of court."

Purpose of Voir Dire

Screening potential jurors for bias

2 Reasons to Dismiss a Juror

-For Cause: Shown bias or personal conflict

-Peremptory Challenge: Attorney choice (no reason required)

Medical Exam Request

To independently check if the plaintiff's injuries are real

Why Defendants Settle

To save money, avoid losing at trial, and avoid bad publicity

2 Reasons Evidence Is Excluded

-It is irrelevant or unfair

--It breaks evidence rules (like hearsay)