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Ch. 1

Tort Law_6th Edition_J. Stanley Edwards

TermDefinition
Action in Trespass "vi et armis" Early cause of action involving serious, forcible breaches of peace that evolved to encompass even minor physical contact; no showing of fault was required.
Beyond a Reasonable Doubt Standard of proof requiring a showing of almost absolute certainty for each element.
Black-letter Law Legal principles generally accepted by the legal community.
Case Law Case-by-case decision making by the court.
Clear and Convincing Evidence Clear and convincing evidence requires a higher burden of persuasion than "preponderance of the evidence" but less than that required by "proof beyond a reasonable doubt." In most states the standard requires the judge or jury to find the evidence submitted is substantially more likely to be true than not true.
Nolo Contendere Pleas of "no contest"; not an admission of guilt.
Preponderance of the Evidence Standard of proof requiring a showing that each element is more probable than not.
Public Policy Policy of the public or a community that dictates the norms of the community based on its beliefs and values regarding justice, fairness, and equality.
Restitution Compensation given for a crime given to the victim.
Slippery-Slope Argument Argument that once you take a first step in allowing something in one instance, you are in danger of sliding the "slippery slope" into a bottomless pit of circumstances requiring comparable treatment.
Tort Civil wrong for which victim receives compensation in the form of damages.
Tortfeasor One who has committed a tort.
Trespass on the Case Early cause of action involving injuries inflicted indirectly and requiring some showing of fault.
Created by: JacquelineS89