Philadelphia judicial hellhole - answer Reputation for excessive verdicts and its "open
door" policy to out of state
Georgia judicial hellhole - answer Continue rise in nuclear verdicts, increasing role of
third-party litigation financing, and premise liability. trial lawyers and jackpot verdict
paydays. advertising focus on truckers
legal wrong - answer a violation of a person's legal rights, or a failure to perform a legal
duty owed to a certain person, to a business org., or to a society as a whole
types of legal wrongs - answer crime, breach of contract, and tort
tort - answer Legal wrong for which the court allows a remedy in the form of monetary
damages
plaintiff - answer the person who is injured
Tortfeasor - answer the alleged wrongdoer
categories of tort - answer intentional, strict liability, and negligence
intentional torts - answer Intentional act or omission resulting in harm or injury to
another person or damage to their property
examples of intentional tort - answer libel, slander, invasion of privacy, assault, patent
infringements
strict liability - answer Liability imposed regardless of negligence or fault (damage from
animals, hazardous activities)
negligence tort - answer Failure to exercise the standard of care required by law to
protect others from an unreasonable risk of harm
standard of care - answer not the same for each wrongful act; based on the care
required by a reasonably prudent person
elements of negligence - answer existence of a legal duty owed, breach of legal duty,
damage or injury, and proximate cause between act and damage
, compensatory damages - answercompensate the injured party for the harm suffered
(special and general)
special damages - answerlost work earnings, medical bills, property repair costs
general damages - answerLoss of a companion, disfigurement, pain and suffering
punitive damages - answerPunish the wrongdoer and to deter others from doing similar
acts
contributory negligence - answerInjured person cannot collect if their care falls below
the standard of care required for their protection or they are 1% responsible
comparative negligence - answerFinancial burden of injury is shared by both parties
according to respective degrees of fault
pure rule - answerreward is reduced in proportion to your fault
50% rule - answeryou cannot recover if you are 50% or more at fault
51% rule - answeryou cannot recover if you are 51% or more at fault
last clear chance rule - answerPlaintiff who is endangered by his or her own negligence
can still recover damages from the defendant if the defendant has a last clear chance to
avoid the accident but fails to do so (car crash)
assumption of risk - answerA person who understands and recognizes the danger
inherent in a particular activity cannot recover damages in the event of an injury (foul
ball at game)
imputed negligence - answerunder certain conditions, the negligence of one person can
be attributed to another person or organization (liquor bar liable for drunk customer's
harm)
Res Ipsa Loquitur - answerthe thing speaks for itself, fact that injury occurs established
a presumption of negligence
requirements of res ipsa loquitur - answerdoes not normally occur in absence of
negligence, defendant has exclusive control over the instrumentality causing the
accident, and injured party has not contributed to the accident
trespasser - answerone who enters or remains on property without consent of owner.
Owner cannot deliberately set trap to injure trespasser
licensee - answerone who enters or remains on property with permission. Owner
required to warn them of any unsafe conditions
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