Equity Law No juries Injunction: a court ruling preventing some action from occurring Declaratory judgment Modification of contract Seventh Amendment: “In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by a jury shall be preserved.”

Torts, cont'd Punitive damages: Money awarded to plaintiffs to punish defendant (usually 3 times actual damages) Nominal damages: An award (judgment) promising money that doesn't match real damages Compensatory (Actual) damages: An award that matches the loss of a plaintiff.

Torts Class action: When a number of plaintiffs join their case against a single defendant (or group of defendants) Immunity: Who possesses it?  Governments  Telephone companies on privacy Assault: Threat Battery: Physical act

Torts Strict liability: Defendant always liable, Negligence: Carelessness where you are obligated to exert caution Intentional: On purpose Remedy: what torts provide wronged plaintiffs Judgment: a term describing a monetary or other award for a plaintiff Common law: can only sue after damages Standing: A party personally involved in a suit

Negligence Negligence: Attractive Nuisance: Creating a situation that will attract trouble for innocents Causation: Your action/inaction caused the harm Duty: A legal obligation to perform an act, or avoid one Breach of duty: failure to observe a duty Actual damages: The plaintiff has to be harmed

Torts II Malpractice insurance: What a doctor pays an insurance company to cover for liability in a tort Liability: 1. harm caused to another by human activities 2. Responsibility (how much a person should pay) Damages: What is awarded to plaintiffs if defendants are liable 1. Nominal damages  2. Compensatory  3. Punitive

Defamation Slander: A false statement made verbally (speech, radio, television) Libel: A false statement made with the written word (print, online, television) Defamation requires “malice” Malice: Bad intent or “reckless disregard of the truth” Intellectual property: Copyright (100+ years) and patent (20 years)

Torts and liability TORT Reform  Joint Liability  Several liability  Joint and several liability

Courtroom process Jury interviewed Opening statements Interview witnesses (Plaintiff first)  No leading questions  No badgering witnesses  No hearsay Cross examination  Yes to leading questions  No badgering  No hearsay

Torts – Unit 3 A tort is a civil wrong or injury to another party (and, presumably, a lawsuit to right that wrong). A tort is not a crime.. Rather, it is a civil remedy to a harm Torts can be:  A lawsuit by one party against another single party  A lawsuit by many parties against a single party  A lawsuit by one party against many parties  A lawsuit by government (on behalf of everybody) against a party/parties