Damages: Compensatory, Consequential, Punitive
Explanation of compensatory, consequential, and punitive damages. Compensatory damages are for direct losses, while consequential damages are indirect. Punitive damages are to punish the defendant.
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Damages: Compensatory, Consequential, Punitive
Quiz • 16 Questions
Damages: Compensatory, Consequential, Punitive - Flashcards
Flashcards • 15 Cards
Study Notes
4 min • Summary
Damages: Compensatory, Consequential, Punitive - Podcast
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List of Questions16 questions
- Question 1
- Students should review the textual components of the syllabus, read it multiple times, to understand course requirements and expectations.
- Question 2
- Compensatory damages directly cover losses like medical bills after an injury, while consequential damages cover indirect losses resulting from the injury, like lost wages due to being unable to work. For example, compensatory damages would cover the cost to fix your car. Consequential damages would cover the money lost from not being able to get to work.
- Question 3
- Punitive damages are intended to punish the defendant for malicious behavior and deter similar actions. They are typically awarded when the defendant's actions are deemed willful, reckless, or outrageous.
- Question 4
- Punitive damages would most likely be sought because the company's behavior is intentional and outrageous. The goal is to punish them and deter similar deceptive practices.
- Question 5
- Punitive damages are uninsurable because insurance is meant to cover accidental losses, not intentional misconduct that warrants punishment. They survive bankruptcy to ensure wrongdoers cannot escape financial accountability for their egregious actions.
- Question 6
- In the scenario of a car accident, compensatory damages would cover immediate losses directly stemming from the accident. This includes medical expenses, car repair costs, and other direct expenses, and consequential Damages are the result of the accident, such as the loss of wages from being unable to work for a month.
- Question 7
- If someone is injured in an accident and requires childcare because they can no longer care for their children themselves, the cost of childcare could qualify as consequential damages in addition to the compensatory coverage of medical expeneses.
- Question 8
- Compensatory damages would cover the patients medical bills and related care. Consequential damages could cover the victim's lost wages. Because this mistake was malicious due to the company failing to test their drug, punitive damages also apply. They are meant to punish the company and prevent further negligent behavior.
- Question 9
- Statutory law is enacted by a legislative body and codified (e.g., environmental protection laws). Common law is derived from judicial decisions and precedents (e.g., contract law). Common law can interpret and supplement statutes.
- Question 10
- Jurisdiction is the authority of a court to hear and decide a case. Factors for out-of-state defendants include minimum contacts with the state, such as doing business or committing a tort there.
- Question 11
- A deposition is an out-of-court testimony taken under oath. It gathers information from witnesses and can be used to impeach testimony or as evidence if the witness is unavailable.
- Question 12
- Questions of law are decided by a judge and involve legal principles, while questions of fact are decided by a jury (or judge in a bench trial) and involve factual evidence. Legal rulings guide the application of facts.
- Question 13
- The Golden Rule is 'treat others as you would like to be treated.' In business, this means considering how your actions affect stakeholders (employees, customers, etc.) and acting fairly and respectfully.
- Question 14
- The social media test asks if you'd be comfortable with your actions being public on social media. It promotes transparency but doesn't encompass all ethical considerations like privacy or legality.
- Question 15
- Summary judgment is granted when there's no genuine dispute of material fact, entitling the moving party to judgment as a matter of law. It relates to ethics by preventing unnecessary trials when facts are clear.
- Question 16
- The 5th Amendment protects against self-incrimination and ensures due process at the federal level, while the 14th ensures equal protection and due process at the state level. Businesses can assert due process and equal protection.
List of Flashcards15 flashcards
- Card 1HintThink 'compensation' for the actual loss.Memory TipCovers direct costs like medical bills.
- Card 2HintIndirect losses that are a foreseeable result.Memory TipConsequences ripple outward from incident
- Card 3HintPunishment for outrageous behavior.Memory TipThink: 'punish' to prevent future bad acts.
- Card 4HintProve cause, effect, and cost.Memory TipYou need evidence to get paid back.
- Card 5HintCould the damage have been predicted?Memory TipSee the 'consequences' before they happen.
- Card 6HintThe damage must be shocking to get these.Memory TipPunishment sticks, even after bankruptcy.
- Card 7HintWhen someone causes a mess and should pay to clean it.Memory TipCompensatory = Compensation for damages
- Card 8HintHarm done as a consequence of defendant's actions.Memory TipDamage from consequences
- Card 9HintIs it more likely than not, or is there no reasonable doubt?Memory TipCivil = 'more likely'; Criminal = 'no doubt'.
- Card 10HintOne is written down; the other is based on past rulings.Memory TipCommon is from courts, statutes from state.
- Card 11HintDoes this court have the 'power' to decide?Memory TipJurisdiction = 'saying the law' in that area.
- Card 12HintWho starts the lawsuit? Who responds?Memory TipComplaint first, then the Answer responds.
- Card 13HintThink of it as sworn questioning before trial.Memory TipDeposition = 'digging' for facts.
- Card 14HintEmpathy and fairness guide this rule.Memory TipTreat others how you want to be treated.
- Card 15HintEliminates the need for a full trial.Memory TipSummary = short; Judgment = decision.