Tort Damages

Question 1

a flat, unconditional fine for contempt of court is a sign that the contempt is _____ in nature

Answer 1

criminal

Question 2

____ contempt happens right there in the courtroom

Answer 2

direct criminal

Question 3

judge can adjudicate with no trial when there is ___ criminal contempt

Answer 3

direct

Question 4

____ contempt happens outside of the courtroom

Answer 4

indirect/constructive

Question 5

indirect contempt requires all protections of ___ to be in place

Answer 5

due process

Question 6

indirect contempt requires protections in proceedings such as

Answer 6

Right to remain silent, right to counsel, jury trial, etc.

Question 7

do the rules of evidence apply to indirect criminal contempt?

Answer 7

yes

Question 8

civil contempt is meant to

Answer 8

coerce a defendant to comply with a court order

Question 9

an opportunity to modify behavior is a sign that the contempt is ___

Answer 9

civil

Question 10

____ must be appealed at the same time as the remainder of the civil case is appealed.

Answer 10

civil contempt

Question 11

So, civil contempt order does not survive unless ______ also survives

Answer 11

the underlying civil case

Question 12

are attorneys fees and costs a proper element of recovery for a civil contempt action?

Answer 12

yes

Question 13

economic damages are…

Answer 13

things you’d have a receipt for

Question 14

noneconomic damages are…

Answer 14

damages for pain and suffering

Question 15

Noneconomic damages are not available under Sarbanes-Oxley because that’s not within the power of the ALJ under statute. P can get equitable relief, so rehiring, back pay, and any equitable relief ALJ deems necessary. Case?

Answer 15

Haliburton. accountant case

Question 16

A party may not recover economic losses in a negligence suit absent physical injury caused by the tortfeasor. The rule is based on the need to limit tort liability to claims that are reasonably foreseeable. case?

Answer 16

In re Taira Lynn, boat bridge

Question 17

In order to assess punitive-ness we must look at whether the damages change over time or if they are a set rate no matter what. Case?

Answer 17

Minihane, patriots seats case

Question 18

punitive damages are only available when there are 1 of which 3 things?

Answer 18

Malice, Oppression, Fraud

Question 19

There’s a presumption against an award that has a 145:1 ratio for punitive damages. Case?

Answer 19

State Farm

Question 20

Ratio doesn’t have to be 4:1. State Farm merely states there is a presumption against an unbalanced ratio. Modified when the crime is lucrative or when it is hard to detect.

Answer 20

Matthias v. Accor, bedbug

Question 21

Must a plaintiff have economic damages to recover for emotional distress? case?

Answer 21

Yes. FAA v. Cooper.