Module 6 Flashcards
(19 cards)
What is common law?
Judge-made law - court decisions establish legal principles
What is Public Law?
- Constitutional law - government, protection or rights
2. Criminal law - crime
What is Private Law?
- Civil law - disputes among individuals or private organizations
- Tort law - compensate injured for wrongdoing of others
- Contract law - enforce legal promises
What is litigation?
Lawsuit
Who is the plantiff?
Party that brings legal action
Who is the defendant?
Party defending action
Who is the appellant?
Party appealing a court decision
Who is the respondent?
Party seeking to uphold court decision.
What is Indemnification?
Compensation or reimbursement for harm caused by another party.
Who is the creditor?
Party to whom amount is owed.
Who is the debtor?
Party who owes an amount to the creditor.
What is concurrent liability in tort law?
All people in chain of command are persecuted.
What is a principle difference between Tort Law and Public Law?
Tort law compensates those who have been wronged. Public law punishes those who have done wrong.
What must be present for the plaintiff to be compensated? (3)
- The defendant owed the plaintiff a duty of care
- The defendant breaches that duty by their conduct
- Defendant’s conduct caused injury to plaintiff
What is the principle of reasonableness?
What courts use for tort law. Was everyone acting reasonably?
What is product liability?
Manufacturers owe duty to users to ensure no defects can cause injury.
What are Concurrent Tortfeasors?
When more than one party is held liable.
What is Vicarious Liability?
Claim against person who has most money.
What is the Duty to Warn?
Producers, employers, etc must ensure or warn clients or employees of dangers through instructions.
