lec 2 Flashcards
(37 cards)
what is a counter claim (not tested)
its your response to a civil claim and your action against the party that is suing you
what are the three alternatives to litigation
negotiation, mediation and arbitration
what is the process of negotation
- can be done with a lawyer, another part or yourself
- requires cooperation from both parties
- the wanted end outcome is a legally binding agreement that both parties sign
what is the process of mediation
- this happens when both parties are unable to reach a agreement
- you get a mediator that is agreeded by both parties and they will make a settlement
- think about how in hte lecture he said they have eachother in sperate rooms and the one guy heres both and tries to prvoide a soluton
what is the process of arbitation
both parties get someone to make the decision for them
- usually used in business agreements
what is the percentage split between intentional and non intentional torts
10% is intentional and the rest is non intentional
what is a tort
a social wrong taht “hurts” / causes damages to another party
what is the end goal of a torts lawsuit
to make the affected party “whole” (competnsate)
intentional torts
usually when its intentional its criminal
whats actus reus
evil act
whats men rea
evil intention
what is the combination of actus reus and mens rea
a crime
what are the 4 points of serving a sentance
- give that person a penalty for what they did
- general deterrence (stop others from doing the same crime0
- specific deterrence (stop that person from repeating)
- retribution
will sentencing make the victim whole
no they would need to sue and have a civil case to be whole
does being guilty in one court mean your guilty in the other (civil and criminal)
no because the burden of proof is not that same, criminal need 95% while civil needs above 50, think oj
what are the three remides of civil cases
special damages, general damages, punative damages
general damages
lifestyle things that arent quantifiable, value is usually based off past cases
what is special damages
- this is quanitfiable and is usually stuff like work
what are punative damages
to punish
what is vicarious liability
indirect liability (workers employees)
what are the two things considered as trespass to a person
assault and battery
what is assault
its the threat of comitting battery
what is battery
when you follow through with the assult and touch a person without consent
battery in sports
as long as it doesnt exceed normal amounts its fine ( moore v bertuzzi)
