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LGLA2303-Unit 1

Torts & Personal Injury Law

TermDefinition
alternative dispute resolution A formal method of resolving a legal dispute without litigation in court.
answer A pleading in which the defendant responds to the plaintiff's complaint.
bench trial Trial in which the judge decides both factual and legal issues.
but-for test A test used to determine causation. "But for" the act or omissions, the event in question would not have occurred.
Causation The chain of events linking the defendant's conduct to the plaintiff's injury.
cause of action A reason for bringing a suit that is accepted by a court.
Complaint An initial pleading filed on behalf of the plaintiff that provides the defendant with the material elements of the plaintiff's demand.
contributory negligence The failure of the plaintiff to take reasonable care, which results in the plaintiff contributing to his or her own injury.
custom or usage What is normally done.
Deposition An oral examination of a witness or party to a suit under oath.
disclosure statement Statement that must contain certain categories of information about the party's case.
Discovery Process through which parties try to find out as much as possible about the other side's case.
Factor One of several considerations that will be weighed in making a decision about reasonableness.
Foreseeability Describes that which one can know beforehand.
independent contractor A person hired to produce a certain product or result and who has considerable discretion in the methods used.
Intent The desire to have something happen.
intentional tort A tort in which a person either wanted to bring about the result or knew with substantial certainty that the result would follow from what the person did or failed to do.
jury trial All factual issues are decided by a jury and all legal issues are decided by a judge.
Knowledge with substantial certainty Substantial certainty that something will happen from what a person does or fails to do.
Negligence The failure to use reasonable care, which causes harm to a person or thing.
objective standard Conduct is measured by whether the event or result would have been foreseeable to a reasonable person under the same or similar circumstances.
reasonable person standard An objective standard. The behavior of the person who is alleged to have committed the tort is compared to what a "reasonable person" would have done in like circumstances.
request for production of documents A party asks the other party for documents that are vital to a case that are in the possession of the other party.
requests for admissions Requests by one party asking that the other party admit certain facts.
respondeat superior Rule that holds that employers are responsible for the torts of their employees if the torts are committed within the scope of the employee's employment.
strict liability Legal liability or responsibility for harm regardless of whether the person causing the harm is at fault or morally culpable.
subjective standard Conduct is measured solely by what defendant actually knew or understood.
substantial factor test A test used to determine causation. A person has caused the harm if his or her act or omission played a significant role in bringing it about.
Tort A civil wrong other than a breach of contract that causes harm or damage for which the legal system provides a remedy.
totality of circumstances Evaluation of all the circumstances leading to the accident and injury.
vicarious liability Liability that results from the actions of another.
voir dire The series of questions asked of potential jurors by the trial judge or lawyers, following which a jury is selected.
Created by: dawnbryant