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TORTS CH 1
| Question | Answer |
|---|---|
| A CIVIL WRONGFUL ACT, COMMITTED AGAINST A PERSON OR PROPERTY, EITHER INTENTIONAL OR NEGLIGENT | TORT |
| RELATING TO PRIVATE RIGHTS AND REMEDIES SOUGHT IN AN ACTION BROUGHT TO ENFORCE, REDRESS, OR PROTECT PRIVATE RIGHTS | CIVIL |
| THE MEANS BY WHICH A RIGHT IS ENFORCED OR THE VIOLATION OF A RIGHT IS PREVENTED, REDRESSED OR COMPENSATED | REMEDY |
| MONEY PAID TO COMPENSATE FOR LOSS OR INJURY | DAMAGES |
| CONDUCT THAT AN ORDINARY PERSON WOULD EXHIBIT UNDER THE SAME OR SIMILAR CIRCUMSTANCES | REASONABLE CARE |
| THE INTENTIONAL OR UNINTENTIONAL BEHAVIOR OR CONDUCT THAT RESULTS IN HARM TO ANOTHER PERSON | TORTIOUS CONDUCT |
| ACTOR COMMITTING THE WRONG, WHETHER INTENTIONAL, NEGLIGENT, OR STRICT LIABILITY | TORTFEASOR |
| A PERSONAL, FINANCIAL, OR OTHER INJURY FOR WHICH THE LAW GIVES A PERSON THE RIGHT TO RECEIVE COMPENSATION | CAUSE OF ACTION |
| A DETERMINATION OF FINANCIAL RESPONSIBILITY OF THE TORTFEASOR FOR THE TORTIOUS CONDUCT THAT HAS RESULTED IN SOME FORM OF INJURY TO AN INDIVIDUAL'S PROPERTY OR PERSON | LIABLE |
| THE WEIGHT OR LEVEL OF PERSUASION OF EVIDENCE NEEDED TO FIND THE DEFENDANT LIABLE AS ALLEGED BY THE PLAINTIFF IN A CIVIL MATTER | PREPONDERANCE OF THE EVIDENCE |
| AN ACT THAT VIOLATES THE PENAL LAW OF THE LOCAL, STATE OR FEDERAL GOVERNMENT | CRIME |
| STANDARD FOR ASSESSING THE WEIGHT OF THE EVIDENCE | BURDEN OF PROOF |
| THE REQUIREMENT FOR THE LEVEL OF PROOF IN A CRIMINAL MATTER IN ORDER TO CONVICT OR FIND THE DEFENDANT GUILTY. IT IS SUBSTANTIALLY HIGHER AND MORE DIFFICULT TO PROVE CRIMINAL MATER STANDARD | BEYOND A REASONABLE DOUBT |
| THE KILLING OF A HUMAN BEING WITH INTENT | MURDER |
| A DEATH ATTRIBUTABLE TO THE WILLFUL OR NEGLIGENT ACT OF ANOTHER | WRONGFUL DEATH |
| A LEGALLY BINDING AGREEMENT BETWEEN TWO OR MORE PARTIES | CONTRACT |
| A MEETING OF THE MINDS ON A SPECIFIC SUBJECT, AND A MANIFESTATION OF INTENT OF THE PARTIES TO DO OR REFRAIN FROM DOING SOME SPECIFIC ACT OR ACTS | MUTUAL AGREEMENT |
| JUDGE-MADE LAW, THE RULING IN A JUDICIAL OPINION | COMMON LAW |
| DERIVED FROM THE CONSTITUTION IN STATUTES ENACTED BY THE LEGISLATIVE BRANCH OF THE STATE OR FEDERAL GOVERNMENT; PRIMARY SOURCE OF LAW CONSISTING OF THE BODY OF LEGISLATIVE LAW | STATUTORY LAW |
| THE HOLDING OF PAST COURT DECISIONS THAT ARE FOLLOWED IN FUTURE JUDICIAL CASES WHERE SIMILAR FACTS AND LEGAL ISSUES ARE PRESENT | PRECEDENT |
| "STAND BY THE DECISION." DECISIONS FROM A COURT WITH SUBSTANTIALLY THE SAME SET OF FACTS SHOULD BE FOLLOWED BY THAT COURT AND ALL LOWER COURTS UNDER IT; THE JUDICIAL PROCESS OF ADHERING TO PRIOR CASE DECISIONS | STARE DECISIS |
| A CONSTITUENT PART OF A CLAIM THAT MUST BE PROVED FOR THE CLAIM TO SUCCEED | ELEMENTS |
| "AT FIRST SIGHT." A CASE WITH THE REQUIRED PROOF OF ELEMENTS IN A TORT CAUSE OF ACTION; THE ELEMENTS OF THE PLAINTIFF'S (OR PROSECUTOR'S) CAUSE OF ACTION; WHAT THE PLAINTIFF MUST PROVE | PRIMA FACIE |
| THE PARTY INITIATING THE LEGAL ACTION | PLAINTIFF |
| MORE THAN ONE PLAINTIFF WHO IS INVOLVED IN THE SAME LAWSUIT | CO-PLAINTIFF |
| THE PARTY AGAINST WHOM A LAWSUIT IS BROUGHT | DEFENDANT |
| MORE THAT ONE DEFENDANT WHO IS BEING SUED IN THE SAME LAWSUIT | CO-DEFENDANT |
| AN INTENTIONAL CIVIL WRONG THAT INJURES ANOTHER PERSON OR PROPERTY | INTENTIONAL TORT |
| HAVING THE KNOWLEDGE AND DESIRE THAT A SPECIFIC CONSEQUENCE WILL RESULT FROM AN ACTION | INTENT |
| THE FAILURE TO ACT WHEN THERE EXISTS A LEGAL DUTY TO DO SO | OMISSION |
| THE FAILURE TO USE REASONABLE CARE TO AVOID HARM TO ANOTHER PERSON OR TO DO THAT WHICH A REASONABLE PERSON MIGHT DO IN SIMILAR CIRCUMSTANCES | NEGLIGENCE |
| THE DEFENDANT IS LIABLE WITHOUT THE PLAINTIFF HAVING TO PROVE FAULT | STRICT LIABILITY |
| LEGAL ACTION THAT INVOLVES AN INJURY THAT FALLS UNDER THE DEFINITION OF A TORT | TORT LITIGATION |
| AN INFORMAL TERM INDICATING THE BASIC PRINCIPLES OF LAW GENERALLY ACCEPTED BY THE COURTS AND/OR EMBODIED IN THE STATUTES OF A PARTICULAR JURISDICTION | BLACK LETTER |
Created by:
thesbaum
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