US Legal Torts (remake)

Tort

A civil wrong that causes harm or injury, leading to legal liability.

Plaintiff

The person who brings a lawsuit in a civil case.

Defendant

The person being sued in a civil case.

Judgment

The final decision of a court in a civil case.

Damages

Money awarded to a plaintiff to compensate for harm or loss.

Liability

Legal responsibility for one's actions or omissions.

Remedy

A legal way to enforce a right or compensate for a violation.

Settlement

An agreement reached by both parties to resolve a case outside of court.

Common Law

Law developed through court decisions rather than statutes.

Statutes

Written laws passed by legislative bodies.

Intentional Wrong

A tort committed on purpose, such as assault or trespass.

Negligence

Failure to exercise reasonable care, causing harm to another.

Strict Liability

Liability without fault for inherently dangerous activities or defective products.

Standard of Proof

The level of certainty required to prove a case (e.g., preponderance of the evidence in civil cases).

Preponderance of Evidence

The standard in civil cases: more likely than not that the claim is true.

Civil Law

The area of law dealing with private disputes between individuals or entities.

Vicarious Liability

When one person is held responsible for another’s actions, like an employer for an employee.

Respondeat Superior

A doctrine holding employers liable for torts committed by employees during their job.

Assumption of Risk

A defense where the plaintiff voluntarily accepted a known risk.

Consent

Permission granted by a person to engage in an activity with potential risk.

Contributory Negligence

A defense where the plaintiff is completely barred from recovery if partly at fault.

Comparative Negligence

A defense where damages are reduced based on the plaintiff’s share of fault.

Reasonable Care

The degree of caution a reasonable person would exercise in a similar situation.

Contingency Fee

A lawyer’s fee paid only if the case is won, often a percentage of the damages.

Deep Pockets

A term used when suing a person or organization with significant financial resources.

Class Action

A lawsuit filed by one or more people on behalf of a larger group with similar claims.

Compensatory Damages

Money awarded to cover actual losses, like medical bills and lost income.

Nominal Damages

A small amount of money awarded to show a wrong occurred, even if no real harm was done.

Punitive Damages

Money awarded to punish the wrongdoer and deter similar conduct in the future.

Liability Insurance

Insurance that provides protection against claims resulting from injuries or damage.

Premium

The amount paid for an insurance policy, often monthly or yearly.

Malpractice

Professional negligence by someone like a doctor or lawyer.

Foreseeable

An event that a reasonable person could predict might happen as a result of their actions.

What are the three main types of torts?

Intentional Torts, Negligence, and Strict Liability.

What is the goal of tort law?

To compensate victims and encourage responsible behavior.

How is a civil case different from a criminal case?

Civil cases deal with private disputes and use a lower standard of proof (preponderance of the evidence).

What role does liability insurance play in tort law?

It helps defendants cover the cost of legal claims against them.

Can a child be sued for a tort?

Yes, if they acted unreasonably for their age and experience.

When can parents be sued for their child's actions?

If they were negligent in supervision or are vicariously liable.

What does "respondeat superior" mean?

That an employer is responsible for torts committed by employees while working.

What is the difference between compensatory and punitive damages?

Compensatory covers actual losses; punitive punishes the wrongdoer.

Why might someone prefer a settlement?

To avoid the cost, time, and unpredictability of a trial.

What happens if a plaintiff assumes the risk?

They may lose the right to recover damages.