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Chapter 5
| Term | Definition |
|---|---|
| tort | private or civil wrong |
| damages | monetary compensation for wrongdoings |
| intentional torts | the defendant intends to inflict harm |
| negligence | tort as a result of neglect or carelessness |
| proximate cause | when the amount of causation is great enough to be recognized by law |
| vicarious liability | when one is responsible for the torts of another |
| assault | when one intentionally puts another in reasonable fear of an offensive or harmful bodily contact |
| battery | harmful or offensive touching of another person |
| false imprisonment | intentional confinement of a person against their will and without lawful privilege |
| defamation | false statement that injures a person or their reputation |
| slander | defamation that is spoken |
| libel | defamation that is written or printed |
| invasion of privacy | uninvited intrusion into anothers personal relationships or activities in a way likely to cause shame or mental suffering |
| trespass to land | the entry of private property without the owner's consent |
| conversion | personal property that is stolen, destroyed, or used in a manner not intended by the owner |
| interference with contractual relations | third party encouraging a breach of contract by one party in a binding agreement |
| fraud | intentional misrepresentation of fact |
| contributory negligence | plantiff cannot recover from loss if the plantiff himself was also neglegent |
| comparative negligence | when a plantiff in a negligence case is partially at fault. plantiff and defendant rewarded for percentage of responsibility |
| assumption of the risk | if plantiffs are aware of danger, but still subject themselves to risk |
| strict liability | liable if a person merely engaged in an activity that resulted in damage |
| injunction | court order for a person to do or not do an act |
| compensatory damages | intended to place injurd party in same state as before act |
| punitive damages | meant to punish defendant in consequence to injury |
| contingency fee | lawyer percentage fee on a case |
| plantiff | party that files suit |
| defendant | party complained against |
| evidence | anything judge allows to help prove or disprove facts |
| testimony | statement(s) made by a witness under oath |
| witness | someone who has personal knowledge of facts in a case |
| expert witness | gives an opinion based on superior knowledge on a case |
| subpoena | written order to appear, give a testimony, or present evidence |
| verdict | jury's decision |
| judgement | final result of the trial |
| writ of execution | court directs property in replacement for payment of damages |
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