Civil Remedies in the United States

Crime Victimization by Civil Remedies

For a global treatment on the topic, see here. For U.S. information on the subject, see here.

Aiding and Abetting

Similar to civil conspiracy, when someone, not the actual perpetrator, so significantly contributes to the criminal operation as to be considered liable for their actions. For a global treatment on the topic, see here. For U.S. information on the subject, see here.

Abscond

To go in a secretive manner out of the jurisdiction of the courts, or to lie concealed, in order to avoid their process. For a global treatment on the topic, see here. For U.S. information on the subject, see here.

Answer

Formal written responses to the defendants/perpetrators file in response to plaintiff’s complaints. These pleadings may deny some or all of the allegations; they may raise defenses such as self-defense or assumption of risk, or they may allege that even if all of the plaintiff’s allegations are true, there is no liability. These pleadings are usually accompanied by legal memoranda and briefs. The names of the pleadings vary from jurisdiction. “Demurrers,” “motions for summary judgment,” motions to dismiss,” and “answers” are all descriptions of a responsive pleading. For a global treatment on the topic, see here. For U.S. information on the subject, see here.

Assault

A cause of action for intentionally putting the victim in fear of a battery, coupled with the apparent ability to commit the battery. For a global treatment on the topic, see here. For U.S. information on the subject, see here.

Assumption of Risk

A legal doctrine that may relieve perpetrators of liability for injuries to victims if the victim voluntarily entered into a situation knowing that there was a risk of foreseeable injury. For a global treatment on the topic, see here. For U.S. information on the subject, see here.

Automobile Insurance

Insurance policies that cover injuries “arising out of the use, operation, or maintenance” of the vehicle. For a global treatment on the topic, see here. For U.S. information on the subject, see here.

Battery

The intentional, offensive, unpermitted touching of the victim by the perpetrator. For a global treatment on the topic, see here. For U.S. information on the subject, see here.

Burden of Proof

The threshold of evidence that one party must present in order to prevail in his or her case. In criminal cases, the burden of proof is very high: “beyond a reasonable doubt,” or generally 99 percent of the evidence. In civil cases, however, the burden of proof on the victim/plaintiff is “a mere preponderance,” or more than 50 percent of the evidence. For a global treatment on the topic, see here. For U.S. information on the subject, see here.

Causes of Action

The legal basis for a civil lawsuit. For a global treatment on the topic, see here. For U.S. information on the subject, see here.

Civil Actions

Lawsuits filed by victims to recover from injuries sustained and damages incurred as a result of the perpetrator’s crime. For a global treatment on the topic, see here. For U.S. information on the subject, see here.

Civil Conspiracy

See Aiding and Abetting. For a global treatment on the topic, see here. For U.S. information on the subject, see here.

Collateral Estoppel

A legal doctrine which provides that, in some cases, the criminal conviction of perpetrators will be considered proof of those perpetrator’s legal liability in civil actions brought by the perpetrator’s victims. For a global treatment on the topic, see here. For U.S. information on the subject, see here.

Collectability

A general term meaning the extent to which defendants/perpetrators have the financial means to pay judgments from assets on hand, assets reasonably to be expected in the future, or financial assistance from such sources as insurance coverage. For a global treatment on the topic, see here. For U.S. information on the subject, see here.

Comparative Negligence

The more prevalent approach to reducing amounts paid to plaintiffs/victims allowing partially negligent plaintiffs/victims to recover damages from defendants/perpetrators, however, reducing the amounts of the award by the applicable percentage of the plaintiff’s/victim’s own negligence (see also: Contributory Negligence). For a global treatment on the topic, see here. For U.S. information on the subject, see here.

Compensation

Monetary reparations made to crime victims by a state or a governmental entity to recover “out-of-pocket” expenses incurred as a result of a crime. For a global treatment on the topic, see here. For U.S. information on the subject, see here.

Compensatory Damages

Damages paid to compensate victims for losses caused by the torts of the perpetrator. Such losses include out-of-pocket expenses; loss of income; expenses such as medical bills, therapy, and funeral costs; loss of present and future earning capacity; conscious pain and suffering; financial support; and “consortium,” the loss of the affection and society of loved ones. For a global treatment on the topic, see here. For U.S. information on the subject, see here.

Complaint

The formal written pleading filed in a civil court alleging that the defendant(s) injured the plaintiff(s), and that the defendant(s) should be liable for damages caused. For a global treatment on the topic, see here. For U.S. information on the subject, see here.

Contributory Negligence

A legal doctrine, now modified in most jurisdictions, that any negligence on the part of the plaintiff/victim will bar civil lawsuits against defendant/perpetrator. For a global treatment on the topic, see here. For U.S. information on the subject, see here.

Criminal Action

Cases in which the state prosecutes perpetrators of criminal acts, committed in violation of the state’s laws. For a global treatment on the topic, see here. For U.S. information on the subject, see here.

Damages

Amounts of money awarded to winning parties in civil suits expressed in a judgment. For a global treatment on the topic, see here. For U.S. information on the subject, see here.

Defendants

Parties against whom civil actions are brought. For a global treatment on the topic, see here. For U.S. information on the subject, see here.

Defenses

Legal doctrines that relieve defendant/perpetrator of liability for having committed a tort. For a global treatment on the topic, see here. For U.S. information on the subject, see here.

Delayed Discovery Rule

A legal doctrine that suspends the running of statutes of limitations during periods of time in which the victims did not discover, or by the exercise of reasonable diligence, could not have discovered, the injuries that would lead to their causes of action against the defendant/perpetrator. For a global treatment on the topic, see here. For U.S. information on the subject, see here.

Depositions

Pretrial proceedings in which attorneys for parties in a civil case have the opportunity to examine, under oath, the opposing parties and potential witnesses in the case. Depositions are sworn and reduced to writing. The transcripts may be admissible in evidence at trials if the witnesses are no longer available, or for purposes of impeachment. For a global treatment on the topic, see here. For U.S. information on the subject, see here.

First Party Action

Lawsuits brought by victims directly against their perpetrators. For a global treatment on the topic, see here. For U.S. information on the subject, see here.

General Liability Insurance

Insurance policies covering whatever losses are enumerated in the policy. For a global treatment on the topic, see here. For U.S. information on the subject, see here.

Homeowner’s Insurance

Broad-based insurance policy that contracts to protect the insured from enumerated causes of accidental injuries to others. The accidents usually are not confined to acts that happen on the insured’s “home” premises but also includes accidents that happen elsewhere. Renters of premises can obtain Renter’s Insurance. For a global treatment on the topic, see here. For U.S. information on the subject, see here.

Insured

The individual who has contracted to receive insurance coverage from the Insurer whose actions are otherwise covered by an insurance policy. For a global treatment on the topic, see here. For U.S. information on the subject, see here.

Insurer

The business entity which has contracted to provide insurance coverage to the insured. For a global treatment on the topic, see here. For U.S. information on the subject, see here.

Judgments

The formal recitations of the outcomes of civil cases. They are almost always reduced to writing, and recorded as a part of the file. For a global treatment on the topic, see here. For U.S. information on the subject, see here.

Negligence

A legal doctrine providing that one may be liable to another if (1) he or she owes a legal duty to the other; (2) he or she materially breaches that duty; (3) the breach is the proximate cause of the other’s injury; and (4) the other person suffers damages. For a global treatment on the topic, see here. For U.S. information on the subject, see here.

Negligent Entrustment

A tort in which one or more persons give, lend, or allow someone to use, or should have anticipated that the person would use, a dangerous instrumentality to injure another. For a global treatment on the topic, see here. For U.S. information on the subject, see here.

Parental Liability

A legal doctrine that holds parents civilly liable for the torts and crimes of their children. For a global treatment on the topic, see here. For U.S. information on the subject, see here.

Perpetrators

Persons who have criminally injured victims. For a global treatment on the topic, see here. For U.S. information on the subject, see here.

Plaintiff

Party bringing civil actions. In the case of victim civil remedies, the victim is the plaintiff. For a global treatment on the topic, see here. For U.S. information on the subject, see here.

Professional Liability Insurance

Insurance coverage issued to professional persons: doctors, dentists, lawyers, architects, etc., to cover any losses caused by malpractice in the course of their professional services. For a global treatment on the topic, see here. For U.S. information on the subject, see here.

Provocation

A legal doctrine that may excuse defendant/perpetrator from the consequences of his/her crime/tort if the plaintiff/victim instigated a confrontation, or otherwise caused or provoked the defendant’s actions. For a global treatment on the topic, see here. For U.S. information on the subject, see here.

Proximate Cause

The “cause in fact” of injury to victims; a “cause” without which the victim’s injuries would not have occurred. For a global treatment on the topic, see here. For U.S. information on the subject, see here.

Punitive Damages

Damages awarded to victims against perpetrators, over and above compensatory damages, in order to punish or make an example of perpetrators. For a global treatment on the topic, see here. For U.S. information on the subject, see here.

Renters Insurance

See Homeowner’s Insurance.

Rescue Doctrine

A legal doctrine that allows one to recover for injuries suffered in coming to the rescue or assistance of others in peril. It is used as a counter to the defense of Assumption of Risk. For a global treatment on the topic, see here. For U.S. information on the subject, see here.

Restitution

Court action that requires perpetrators to make financial payments to their victims, usually as a condition of probation or leniency in sentencing. For a global treatment on the topic, see here. For U.S. information on the subject, see here.

Self Defense

The legal doctrine which relieves defendants/perpetrators of liability for torts if they acted in the reasonable belief that they had to use force to defend themselves, or others (loved ones, etc.), from death or great bodily harm. For a global treatment on the topic, see here. For U.S. information on the subject, see here.

Settlements

Agreements among the parties to lawsuits to end the suits without trial; usually the plaintiff agrees to drop the lawsuit for a fixed sum of monetary damages paid by the defendant. For a global treatment on the topic, see here. For U.S. information on the subject, see here.

Statute of Limitations

Periods of time, set by law, after which civil actions cannot be brought. For a global treatment on the topic, see here. For U.S. information on the subject, see here.

Third Party Actions

Lawsuits brought against persons whose negligence or gross negligence has facilitated the commission of a tort by a defendant. For a global treatment on the topic, see here. For U.S. information on the subject, see here.

Tolling of Statutes of Limitations

The running of statutes of limitations is suspended. For a global treatment on the topic, see here. For U.S. information on the subject, see here.

Torts

Civil or private wrongs (as opposed to criminal offenses) committed by perpetrators against victims. For a global treatment on the topic, see here. For U.S. information on the subject, see here.

Uninsured or Underinsured Motorists

State law usually makes it compulsory that drivers have enough insurance to cover damages if they, or others defined in the policies, are injured by motorists who have no insurance, or not enough insurance, to cover injuries that they have caused. For a global treatment on the topic, see here. For U.S. information on the subject, see here.

Victims

Persons who have been injured by the criminal acts of perpetrators. For a global treatment on the topic, see here. For U.S. information on the subject, see here.

Wrongful Death

The civil action for the killing of one human by another, without justification or excuse. For a global treatment on the topic, see here. For U.S. information on the subject, see here.

Civil Remedies in the Criminal Justice System

Civil Remedies (Cable Services)

This section introduces, discusses and describes the basics of civil remedies. Then, cross references and a brief overview about Cable Services is provided. Finally, the subject of Theft of Services in relation with civil remedies is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.