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TORTS CH 1

QuestionAnswer
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