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Tort Terms
Term | Definition |
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Assumption of the Risk | a defense used when it is alleged that the plaintiff assumed a risk knowingly and willingly of the possibility of harm. |
Causation | the act by which an effect is produced; one of four elements to be proven in a successful tort claim. |
Cause-in-Fact | an action by the tortfeasor that resulted in an invasion of some legally protected interest of another to which the tortfeasor is held responsible for the harm caused. |
Comparative Negligence | an alternative defense to contributory negligence theory which allows the liability of the defendant to be adjusted or reduced by the percentage of the plaintiff’s contribution to his/her own injuries. |
Compensatory Damages | money awarded to compensate the victim for the tortfeasor’s negligence. |
Contributory Negligence | a defense to negligence claiming the plaintiff’s own actions contributed to the injuries. |
Due Care | proper and sufficient care as far as circumstances demand it; the absence of negligence. |
Foreseeability | the action by which, under particular circumstances, would produce an anticipated result such as injury to someone. |
Gross Negligence | a higher degree of disregard, inadvertence, and indifference to a legal duty and the consequences of ignoring the legal duty. |
Injunction | a court order that directs a party to refrain from or to perform certain acts. |
Intent | the design, will or determination to act a certain way through a person’s state of mind. |
Intentional Torts | actions designed with intent that bring about a certain result from the act. |
Jurisdiction | the legal right by which a court can exercise authority over a case. |
Malice | ill will or the intentional doing of a wrongful act or injury to someone without excuse. |
Negligence | the failure to use such care as a reasonably prudent and careful person would use under the same or similar circumstances. |
Negligence per se | an action or omission where the evidence is clear and not controverted and was in violation of a statute. |
Nominal Damages | small damages awarded to a plaintiff as a symbolic gesture. |
Preponderance of the Evidence | evidence which is of greater weight or more convincing that the evidence offered in opposition. |
Prima Facie Evidence | that evidence which proves a case at first sight. |
Proximate Cause | a natural, continuous sequence of events set into motion by the tortfeasor; and, when unbroken, produces injury – without such action, the result or injuries would not have occurred. |
Punitive Damages | damages awarded to a plaintiff in order to punish the defendant and to keep a particularly bad act from happening again. |
Reasonable Care | a degree of care which a person of ordinary prudence would exercise in the same or similar circumstances. |
Res Ipsa Loquitor | the thing speaks for itself. A theory of negligence used when there is a rebuttable presumption or inference that the defendant was negligent. |
Respondeat Superior | “let the master answer”; the master (employer) is liable in certain cases for the wrongful acts of his/her servant (employee) |
Spurious | lacking authenticity or validity in essence or origin; not genuine; false. |
Statute of Limitations | the time limit in which a victim can bring a lawsuit for injuries before he/she is forever barred from bringing an action in court. |
Statute of Repose | the time limit in which a victim can bring a lawsuit for injuries against a manufacturer or seller in a products liability case calculated from the time of the sale of the product. |
Strict Liability | a concept applied in product liability cases in which a seller is liable for any and all defective or hazardous products which unduly threaten a consumer’s safety. |
Subrogation | the right of an insurer to institute suit in the name of the insured against the responsible party to collect for monies paid by the insurer to the insured. |
Tort | a civil wrong against a person or property as defined by state or federal law. |
Tortfeasor | one who commits a civil wrong; a wrongdoer. |
Venue | the locality of the court with proper jurisdiction to hear a case. |