Quick Hits

Many of the questions I receive from my fine readers provide ample fodder for my weekly articles. However, I have come to notice that some questions just need a quick answer. Some of the questions can be entirely answered just that quickly. Some of the questions provide great background material to the rest of our discussions. Others do not. So, I thought I would take time this week to just tick off a couple of quickly answered questions that I have accumulated. Enjoy.

Q: What is a “scofflaw”?

A: Quite literally, a scofflaw is someone who “scoffs” at the “law.” Usually it is a term (not widely used) that describes the person who, recognizing the law, gives it no regard. For instance, a scofflaw would be the guy who blows up an inflatable toy resembling a person and sticks that person in the passenger seat in order to qualify for the carpool lane. Perhaps someone should be scoffing at him.

Q: What is the difference between “libel” and “slander”?

A: Libel and slander each fall under the broader category of defamation. When someone defames another, usually something derogatory and untrue is said of the other, published to a third party, and with the specific intent of causing that other person harm. This is much more than playful joking. “Libel” refers to that category of defamation that is done by the written word. “Slander” is defamation done by the spoken word. Hence, I could libel someone in this column, but I could never slander that person here.

Q: What is a “tort”?

A: Lest we be confused: A “torte” is a delicious cake made up of many delightfully different layers. But, a “tort” (sans “e”) is a civil wrong for which the law provides a remedy. The latter term encompasses many causes of action, but is broadly described as that area of the law that does not deal with crimes, contracts, or real estate (although there is some overlap). Most can understand “torts” as simply the civil side of a court – though that is an incomplete definition, indeed.

Q: When one commits a “tort,” are their actions “tortuous” or “tortious”?

A: Attorneys: Listen up! I have read enough briefs written by attorneys to know that even the most senior partners often confuse these terms. To have engaged in “tortious” conduct means that the person has committed a “tort.” That is a far cry different from “tortuous” conduct which denotes that the actor has engaged in the act of torture. You can see why using precise terms would be important by the following sentence: “The Defendant tortuously/tortiously touched the Plaintiff.” Following the definitions, if the Defendant “tortuously” touched the Plaintiff, the Plaintiff has been tortured by the hands of the Plaintiff. If touched only “tortiously,” the Plaintiff has sustained only a civil battery (an unwanted touching). Big difference!

Q: Why do attorneys always use yellow legal pads?

A: Because they do not make pink medical pads and, if they did, using them just seems wrong.

Copyright: Jeremiah G. Dys, Esq. May not be used absent express, written permission. Please contact the author for permission to reprint.