State common-law rulings, not statutes, govern most tort liability
Evidence
Tort law deals with civil wrongs (other than breach of contract) that result in death, personal injury, or property damage, for which a person can sue to recover damages. Tort law cases range from suits in “fender bender” traffic accidents to cases of medical malpractice to personal injury cases resulting from defective or dangerous consumer products. State courts largely prescribe the rules governing tort law cases through their elaboration of the common law. — G. Alan Tarr, Judicial Process and Judicial…, 3398
Categorization
- DEFINE: Defines tort law as civil wrongs excluding breach of contract, recoverable as damages.
- XREF: connects to: The American legal system is common law yet distinctive for judicial policymaking — G. Alan Tarr, Judicial Process and Judicial…, 213; Judicial rulings can set legal obligations without settling disputed public policy — G. Alan Tarr, Judicial Process and Judicial…, 207; Holmes endorsed a lose-where-it-falls baseline in tort liability — G. Alan Tarr, Judicial Process and Judicial…, 3405 (+2 more)
Broader Connections
- Civil-law rights arise from contracts, legislation, regulation, or common-law rulings
#corroborates(0.80) — G. Alan Tarr, Judicial Process and Judicial…, 173 - The American legal system is common law yet distinctive for judicial policymaking
#corroborates(0.75) — G. Alan Tarr, Judicial Process and Judicial…, 213 - Judicial rulings can set legal obligations without settling disputed public policy
#corroborates(0.72) — G. Alan Tarr, Judicial Process and Judicial…, 207 - Holmes endorsed a lose-where-it-falls baseline in tort liability
#expands(0.70) — G. Alan Tarr, Judicial Process and Judicial…, 3405