Terminology
During this week’s Seminar, you will discuss in greater detail the terminology associated with torts. Come prepared to respond to specific questions concerning the different types of tort actions that are listed in the Terminology textbook. You will also discuss the format requirements when drafting a complaint, beginning with the caption of the case in the complaint to the attorney’s signature block.
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Affirmative defense – It is a defense that may be raised by a defendant. It usually constitutes a complete bar to a claim
Breach of duty- It is the violation of a duty
Collateral source- It is a source of payments of money that is literally collateral to the personal injury claim.
Comparative negligence- It means that if there is negligence on the part of the person who brings the claim then the verdict is reduced by the amount of negligence.
Contributory negligence- It means that if there is any negligence on the part of the plaintiff then that may be a bar to the plaintiff’s claim if it contributed to the injury.
Defendant- This is the person against whom the claim is asserted.
Depositions- They are used to discover what the parties and witnesses know about the facts of the case.
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