US Legal Torts

What is a tort?

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

Who is the plaintiff?

The person who brings a lawsuit.

Who is the defendant?

The person being sued.

What does "liable" mean?

Legally responsible.

What is a remedy in civil law?

A solution, usually money, to compensate for harm done.

What are damages?

Money awarded to a plaintiff for harm or injury.

What is negligence?

Failure to take reasonable care, resulting in damage or injury.

What is strict liability?

Liability without fault—for dangerous activities or defective products.

What is an intentional wrong?

A deliberate act that causes harm (e.g., assault).

What is the standard of proof in a civil case?

Preponderance of the evidence (more likely than not).

What is vicarious liability?

When someone is held responsible for another’s actions (e.g., employer for employee).

What is assumption of risk?

The defense that a person voluntarily accepted a known risk.

What is comparative negligence?

When fault is shared between the plaintiff and defendant.

What is contributory negligence?

If the plaintiff is even partly at fault, they may get nothing.

What is a contingency fee?

A lawyer’s fee that is paid only if the case is won.

What does "deep pockets" refer to?

Suing a person or company with a lot of money.

What are compensatory damages?

Money to cover actual losses like medical bills or lost wages.

What are punitive damages?

Money meant to punish the wrongdoer.

What are nominal damages?

A small amount of money awarded to show wrongdoing occurred.

What is a class action?

A lawsuit brought by a group of people with similar injuries.

What is liability insurance?

Insurance that covers the cost if the insured person is held liable.

What is a premium?

The amount paid for an insurance policy.

What is malpractice?

Professional negligence, usually by a doctor or lawyer.

What does "foreseeable" mean in tort law?

Something a reasonable person could predict would happen.

What is consent?

Permission or agreement to the risk involved.

Why might employers be held liable for employees' actions?

Because of respondeat superior—holding the employer responsible for actions done on the job.